|
|
|
||
|
|
|
|
May 6, 2002 The United States Attorney's Office for the Northern District of California announced that David Gainer, 59, pled guilty on May 1, 2002 to three counts of making and subscribing false tax returns, in violation of 26 U.S.C. § 7206(1). Mr. Gainer, 60, a resident of the Northern District of California, along with his co-defendant and wife, Sandra Mascarenhas, were indicted by a federal grand jury on March 26, 2001, with three counts of making and subscribing false tax returns for 1994, 1995 and 1995. In pleading guilty, Mr. Gainer admitted that during 1994, 1995, and 1996, he and Ms. Mascarenhas operated two telemarketing fund raising businesses, June-Berry, Inc., and Fi-Pol, Inc., that entered into contracts with various charities to raise funds. During these years, Mr. Gainer and Ms. Mascarenhas received income from the operation of the businesses that they did not report on their income tax returns. Mr. Gainer admitted that in making and subscribing their tax returns for these years, they willfully omitted some of the income they received from their operation of the telemarketing fund raising businesses, and did not report the correct amount of taxes due, rendering their tax returns knowingly false. Gainer admitted that their actions resulted in a total tax loss of $230,340.00. Gainer is scheduled to be sentenced on August 14, 2002. The maximum statutory penalty for each of the three counts in violation of 26 U.S.C. § 7206(1) is 3 years imprisonment and a fine of $250,000. Pursuant to the Plea Agreement, the parties have agreed that the appropriate disposition of the case is a 15 month sentence of imprisonment, one year supervised release, a $3,000 fine, and a special assessment. However, any sentence following conviction would be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and would be imposed in the discretion of the Court. Ms. Mascarenhas is scheduled to appear before the Court on May 22, 2002, to set a trial date. The prosecution was the result of a lengthy investigation by special agents of the Criminal Investigation Division of the Internal Revenue Service and the United States Attorney's Office. Emily J. Kingston was the Assistant U.S. Attorney who prosecuted the case, with the assistance of Kathy Tat and Stefania Chin. A copy of this press release may also be found on the U.S. Attorney's Office website at http://www.usdoj.gov/usao/can All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.
|
|||
