ORIGINAL

FILED IN OPEN COURT U.S.D.C. - Atlanta MAY 14 2009 JAMES N. HATTEN, Clerk By: /s/                   Deputy Clerk

UNITED STATES OF AMERICA,                       v. MELISSA DEATON TESVICH,                   Defendant.

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Criminal No.: 1:09-CR-0232-RWS Filed: 5/14/2009 Violation: 26 U.S.C. § 7206(1)

The United States of America, through its attorneys, charges that:

DEFENDANT MELISSA DEATON TESVICH (hereinafter "DEFENDANT TESVICH"), residing in the Northern District of Georgia, Atlanta Division:

1. had and received taxable income in calendar year 2005 in the approximate sum of $1,073,683.67 and upon said taxable income there were taxes due and owing to the United States of America in the approximate amount of $386,997;
2. did willfully make and subscribe, on or about May 22, 2006, a joint United States Individual Tax Return for calendar year 2005 in the name of Melissa D. Tesvich, which was verified by a written declaration that it was made under the penalties of perjury and which DEFENDANT TESVICH did not believe to be true and correct as to every material matter; and
3. thereafter filed said income tax return on or about June 4, 2006, with the Director, Internal Revenue Service Center, in Atlanta, Georgia, which stated that it was true, correct, and complete when DEFENDANT TESVICH well knew and believed that she had not reported taxable income in the amount of approximately $1,073,683.67, which would have resulted in additional tax payable of approximately $386,997, which was in addition to the amounts stated on her return.

ALL IN VIOLATION OF TITLE 26, UNITED STATES CODE, SECTION 7206(1).

Dated this 14^th day of May, 2009.

DAVID E. NAHMIAS UNITED STATES ATTORNEY GENERAL _______________/s/________________ RUSSELL PHILLIPS ASSISTANT U.S. ATTORNEY Georgia Bar No. 576335 75 Spring Street, S.W. Suite 600 Atlanta, Georgia 30303 (404) 581-6000 (404) 581-6181 (fax)

SCOTT D. HAMMOND ACTING ASSISTANT ATTORNEY ANTITRUST DIVISION U.S. DEPARTMENT OF JUSTICE _______________/s/________________ NEZIDA S. DAVIS CHIEF, ATLANTA FIELD OFFICE _______________/s/________________ JOHN R. FITZPATRICK TRIAL ATTORNEY Georgia Bar No. 262360 _______________/s/________________ BARBARA W. CASH TRIAL ATTORNEY Georgia Bar No. 743460 75 Spring Street, S.W. Suite 1176 Atlanta, Georgia 30303 (404) 331-7119 (404) 331-7110 (fax)