News and Press Releases


October 17, 2011

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), announce today’s sentencing of defendant David J. O’Brien, of Indian River County. At today’s hearing, U.S. District Judge Donald L. Graham sentenced O’Brien sentenced to six months in prison, to be followed by six months of house arrest. O’Brien had previously pled guilty to filing a false 2005 U.S. Individual Income Tax Return, Form 1040, in violation of Title 26, United States Code, Section 7206(1).

According to court documents and statements, David J. O’Brien was a practicing ophthalmologist with an office in Vero Beach, Florida, and was employed by and a shareholder at the Florida Eye Institute (FEI). According to statements made in court, the defendant had agreed to have various personal expenses paid by FEI prior to any calculation of his income, thereby reducing his reported taxable income. O’Brien under reported approximately $54,000 of income for 2005. In a plea agreement filed with the Court on June 16, 2011, O’Brien agreed that approximately $58,000 in additional tax payments are due, excluding interest and penalties, for tax years 2004, 2005 and 2006.

Mr. Ferrer commended the investigative efforts of the Internal Revenue Service, Criminal Investigation Division. This case is being prosecuted by Assistant U.S. Attorney Kerry S. Baron.

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A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at Related court documents and information may be found on the website of the District Court for the Southern District of Florida at or on

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