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March 5, 2003 The United States Attorney's Office for the Northern District of California announced that Sandra Mascarenhas, 48, pled guilty today to one count of corruptly endeavoring to obstruct or impede the due administration of the Internal Revenue laws, in violation of 26 U.S.C. § 7212(a). Ms. Mascarenhas, a resident of Menlo Park, California, along with her co-defendant and former husband, David Gainer, were indicted by a federal grand jury on March 26, 2001, with three counts of making and subscribing false tax returns for taxable years 1994, 1995 and 1996, in violation of 26 U.S.C. § 7206(1). Mr. Gainer pled guilty to these counts on May 1, 2002. A Superseding Information was filed against Ms. Mascarenhas on March 3, 2003, charging her with a violation of 26 U.S.C. § 7212(a). Under the plea agreement, Ms. Mascarenhas pled guilty to the charge contained in the Superseding Information. In pleading guilty, Ms. Mascarenhas admitted that during the year 1995, she was married to David Gainer who owned and operated a telemarketing fund raising business, June-Berry, Inc., located in various peninsula cities. This business entered into contracts with various charities to raise funds for the charities using telemarketing. During this year, Mr. Gainer received income from the operation of the telemarketing fund raising business. For taxable year 1995, Ms. Mascarenhas caused to be prepared, through their tax return preparer, and filed with the Internal Revenue Service, a joint U.S. Individual Income Tax Return. Specifically, on April 17, 1998, she made a joint U.S. Individual Income Tax Return which was verified by a written declaration that it was made under the penalties of perjury. She forged the signature of David Gainer on this return and caused the return containing the forged signature to be filed with the Internal Revenue Service, when she knew that the return was not true and correct, in that she forged the signature of David Gainer on that return. The maximum statutory penalty for a count in violation of 26 U.S.C. § 7212(a) is 5 years imprisonment and a fine of $250,000. 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 be sentenced on June 11, 2003. The prosecution is the result of a lengthy investigation by the United States Attorney's Office and agents of the IRS Criminal Investigation Division. Emily J. Kingston is the Assistant U.S. Attorney who is prosecuting the case, with the assistance of Kathy Tat and Stefania Chin. A copy of this press release may be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can. Related court documents and information may be found on the District Court website at www.cand.uscourts.gov or on http://pacer.cand.uscourts/gov. 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.
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