The United States Attorney’s Office for the Middle District of Pennsylvania and the Internal Revenue Service, Philadelphia Field Division announced the filing of a criminal Information charging two individuals in connection with the filing of fraudulent tax return claims.

     According to United States Attorney Peter J. Smith, Andre Lamar Henderson, age 37, formerly of York, Pennsylvania, and Theresa Toby, age 44, of York, Pennsylvania, are charged with conspiring to submit approximately 43 false claims for income tax returns to the Internal Revenue Service between December 2007 and August 2008. Henderson is also charged with three counts of submitting false claims to the Internal Revenue Service.

     At the time the claims were submitted, Henderson was an inmate in the Pennsylvania state prison system.

     Smith noted that the Internal Revenue Service and his office will investigate and prosecute vigorously suspected violations of federal tax laws.

     If convicted, both face a maximum sentence of 10 years’ imprisonment on the conspiracy offense. The maximum penalty for each of the three counts of submitting false claims is five years.

     This case was investigated by Internal Revenue Service Criminal Investigations and assigned to Assistant United States Attorney Christy H. Fawcett.

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An Indictment or Information is not evidence of guilt but simply a description of the charge made by the Grand Jury and/or United States Attorney against a defendant. A charged Defendant is presumed innocent until a jury returns a unanimous finding that the United States has proven the defendant’s guilt beyond a reasonable doubt or until the defendant has pled guilty to the charges.

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