February 27, 2002

OFFICE OF THE UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF CALIFORNIA
San Diego, California

United States Attorney
Patrick K. O'Toole

For Immediate Release

NEWS RELEASE SUMMARY

Patrick K. O'Toole, United States Attorney for the Southern District of California, and Eileen J. O'Connor, Assistant Attorney General of the Tax Division of the Department of Justice, announced today that Robert J. Zabierek Sr. pled guilty before the Honorable Louisa S. Porter to one count of Title 26, United States Code Section 7206(1), filing a false and fraudulent income tax return for the year 1998. Robert Zabierek is the owner of Abby's Air Conditioning and Heating in La Mesa, California.

In statements made during the court proceeding, Zabierek admitted he earned income from his business, Abby's Air Conditioning and Heating, which he failed to report on his returns during the years 1997 and 1998. Zabierek further admitted that he knowingly failed to report on his returns gross receipts from his business totaling more than $339,000. Zabierek's intentional understatements of gross income on his 1997 and 1998 income tax returns resulted in additional tax due and owing to the government of more than $65,000.

"Most taxpayers choose to report the income they receive and file correct returns," said Denise L. Rubin, IRS Criminal Investigation Special Agent in Charge for San Diego. "At this time of year when the American public is focusing on filing their tax returns, those taxpayers who choose to do the right thing should be confident that the tax system works. IRS Criminal Investigation serves the public by actively investigating those that do not pay their fair share and report all of their income as indicated in this case."

DEFENDANT

Name:
Robert J. Zabierek Sr.

Business:
Abby's Air Conditioning and Heating
La Mesa, CA

SUMMARY OF CHARGES

Title 26, United States Code, Section 7206(1): Filing a False and Fraudulent 1998 Federal Income Tax Return

Maximum Sentence of 3 years in prison and fine not to exceed $250,000.

AGENCY

Internal Revenue Service, Criminal Investigation
San Diego, California