Online publications have made numerous allegations concerning Kevin Wessell and companies with which he is affiliated.
Many of those allegations are disputed.
Because litigation involving the parties is ongoing, this page is not intended to address every accusation or litigate disputed issues online. Its purpose is narrower: to provide selected facts, case outcomes, and primary-source court records that may be useful to readers conducting due diligence.
The IRS Proceeding Was Dismissed With Prejudice
Online material concerning Kevin Wessell has repeatedly referenced an IRS proceeding and language associated with tax evasion.
The proceeding was:
United States of America v. Kevin W. Wessell
United States District Court for the Southern District of Florida
Case No. 0:22-cv-60988
The matter was a civil proceeding seeking enforcement of an IRS summons and ultimately ended in a dismissal with prejudice.
The ultimate disposition is also important.
On September 13, 2022, attorneys for the United States Department of Justice and attorneys for Kevin Wessell filed a Joint Stipulation of Dismissal stating:
“All parties who have appeared stipulate to the dismissal of this case with prejudice.”
Accordingly, the federal proceeding concluded with the United States and Wessell jointly stipulating to a dismissal with prejudice.
Readers reviewing references to the IRS matter should consider both the earlier filings and the ultimate disposition of the proceeding.
[View the Joint Stipulation of Dismissal]
The Alps-Related Litigation Included More Than One Federal Case
Online commentary concerning Kevin Wessell frequently cites Alexander v. Incway Corp., a federal civil case involving The Alps.
The Alexander decision contains strongly critical language concerning Wessell’s testimony and conduct. That decision is part of the public record and should be reviewed in its entirety by anyone researching the matter.
There was, however, another closely related federal proceeding:
Neil A. Vacchiano v. Kevin W. Wessell, et al.
United States District Court for the Central District of California
Case No. CV 12-2003 DSF
The Vacchiano matter was heard by the same federal judge, Judge Dale S. Fischer.
The court’s memorandum identified Vacchiano as related to the Alexander litigation and stated that the proceedings involved overlapping legal claims and factual issues. Vacchiano had also testified in the Alexander trial.
The Vacchiano action included claims relating to funds deposited into The Alps, including fraud and negligent misrepresentation.
Judge Fischer granted the defendants’ motion to dismiss.
The judgment provided that the plaintiff take nothing, that the action be dismissed with prejudice, and that the defendants recover their costs.
The court based the dismissal on its determination that Vacchiano was not the real party in interest and lacked standing to pursue the claims in his own name.
Accordingly, the Vacchiano judgment should not be characterized as a merits determination that every allegation involving The Alps was false.
It is nevertheless part of the judicial history surrounding substantially overlapping events and provides relevant context when evaluating the Alexander litigation.
Readers conducting due diligence are encouraged to review both proceedings.
[View the Vacchiano Judgment and Order]
Allegations, Civil Proceedings and Criminal Convictions Are Different
Legal distinctions matter.
An allegation in a lawsuit, a government inquiry, a civil court finding, and a criminal conviction are not the same thing and should not be presented as interchangeable.
Because criminal terminology has appeared repeatedly in online material concerning Kevin Wessell, the following fact is relevant:
Kevin Wessell has never been convicted of any crime.
This includes fraud, tax evasion, wire fraud, theft, racketeering, and perjury.
References to potential criminal statutes, reports to government agencies, civil allegations, or investigations do not themselves establish that a crime occurred or that a person was convicted of one.
Purpose of This Page
This page is not intended to provide a comprehensive response to every allegation published online.
Its purpose is to make important primary-source documents and procedural outcomes readily available to readers.
Anyone conducting due diligence concerning Kevin Wessell or affiliated organizations is encouraged to review the original court records and distinguish between:
- allegations and adjudicated facts;
- civil proceedings and criminal proceedings;
- interim filings and final dispositions; and
- characterizations of a case and the underlying court documents themselves.
Review the Primary Sources
Readers are encouraged to review the records directly, including:
- the September 13, 2022 Joint Stipulation dismissing the IRS proceeding with prejudice;
- the Alexander decision; and
- the Vacchiano judgment and memorandum.
The underlying records provide the best basis for evaluating the matters discussed above.
Important Notice
This page provides factual and procedural information concerning disputed allegations and litigation involving Kevin Wessell and affiliated organizations. Allegations contained in lawsuits, publications, investigations, or other proceedings remain allegations unless established through the applicable legal process. Readers are encouraged to review original court records and other primary-source materials when conducting due diligence.