Top Twin Cities real estate agent charged with failing to pay nearly $400,000 in taxes

An alleged lengthy pattern of knowingly failing to file and pay taxes has led to 10 felony charges against a Twin Cities real estate agent who has closed more than $100 million in sales of high-end properties since 2021.

Kevin Mullen, 42, of Wayzata faces five counts of failing to file his taxes and five counts of failing to pay his taxes. The charges, filed in Hennepin County District Court, allege that Mullen accrued a tax deficiency of $397,647 from 2019-2023, without accounting for penalties and interest. Minnesota’s statute of limitations means that Mullen can only be prosecuted for tax crimes dating back to 2019, but the charges indicate his tax evasion stretches back to 2008.

The Minnesota Department of Revenue made Mullen aware of its investigation in December 2024 and in February he filed his tax returns for the years in question.

Hennepin County Attorney Mary Moriarty said in a statement that criminal charges are a necessary deterrent because of the planning and thought that goes into committing white collar crime.

“Prosecution deters tax fraud and makes clear that the victim of tax fraud is not the government — our communities pay the price,” Moriarty said.

Mullen’s attorney, Tom Brever, said the charges are serious and his client is waiting to receive more information on the allegations at a first appearance in November. He said Mullen came to him a year ago to help get his taxes in order.

The Hennepin County Attorney’s Office alleges that Mullen’s filed returns closely matched evidence gathered by the Department of Revenue through subpoenas for Mullen’s bank records, and real estate and mortgage lending documents. A tax specialist reviewed the returns and found Mullen’s annual income ranged from a low of $182,000 to a high of $2.4 million from 2019-2023.

Last year, he was listed as one of the top 100 real estate agents in Minnesota, according to RealTrends, which ranks agents nationwide based on voluntarily reported sales numbers. His website currently features three listings over $1.6 million and notes that his clients describe him as “uniquely informed about the complex markets he serves ... and always thinking ahead.” It adds that “leaders in the Twin Cities business world” describe him as the most discreet agent they know.

The Department of Revenue began investigating Mullen after learning he had not filed income tax returns since 2012. The charges allege Mullen was aware he needed to file his taxes and made calls to the Department of Revenue in 2012, 2013 and 2017 regarding his tax liability. In 2017, he said he was in the process of filing for tax years 2008-2011 and 2013-2016. The charges allege that “None of the returns for those years have been filed.”

Investigators also reviewed records related to a mortgage loan Mullen and his wife signed in 2021 for the purchase of a Wayzata home. Public records show the home sold for $1.76 million and the Mullens received a $1.5 million loan.

The mortgage file included two “comfort letters” that indicated they were written by “the CPA for Kevin Mullen.” In the past, comfort letters have been written by a certified public accountant for small-business owners needing to verify self-employment status. They have become less common after the subprime mortgage lending crisis in the United States from 2007-2010.

The CPA told investigators that Mullen was a business associate and believed he had a verbal agreement to be Mullen’s CPA but never did tax work for Mullen. The accountant acknowledged that he drafted one of the comfort letters but did not recall drafting the second letter. Text messages supplied to the Department of Revenue showed that Mullen messaged in September 2021 that he was excited to work with the accountant. In October 2021, Mullen said he was planning to send documents over, but the CPA didn’t hear from Mullen again.