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May 11, 2009


(HOUSTON) – Lee L. Funderburgh Jr., the manager of a local franchise of Jackson-Hewitt, a national income tax preparation firm, has been sentenced to prison for preparing false U.S. income tax returns, acting United States Attorney Tim Johnson announced today.

At a hearing today, United States District Court Judge David Hittner sentenced Funderburgh to 30 months in federal prison without parole on each of 13 counts of conviction which are to be served concurrently. In addition, the court ordered Funderburgh to serve a one-year-term of supervised release during which he must pay $39,191 in restitution to the United States.

A federal jury convicted Funderburgh of 13 of 18 counts of willfully preparing false U.S. income tax returns following a week-long trial in December 2008. Evidence at trial proved that while managing a local franchise of Jackson-Hewitt, Funderburgh aided, abetted and assisted in the preparation of 13 false returns which included falsified information on Form 1040 Schedule A (Itemized Deductions) and/or Form 1040 Schedule C (Profit or Loss from Business) which reduced the reported adjusted gross income of the taxpayers with a concomitant reduction in taxes owed by the tax payers and a loss of $39,191 in revenue to the United States.  

The investigation leading to the charges was conducted by the Houston office of the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorneys Charles J. Escher, James R. Buchanan and Judy A. Robbins prosecuted the case.



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