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April 3, 2003 The United States Attorney's Office for the Northern District of California announced today that in the United States District Court in San Francisco, California, Ralph Lee McGaughran pled guilty to one count of failing to file an individual income tax return, in violation of 26 U.S.C. § 7203. Mr. McGaughran, age 48 and a resident of Redwood City, California, was charged by the United States Attorney in an Information filed on March 19, 2002, with three counts of willful failure to file an individual income tax return in violation of Title 26 U.S.C. § 7203. Under the plea agreement, Mr. McGaughran admitted that he had in excess of $484,000 in income from his roofing business in 1996 and that he was aware that he had a legal duty to file a tax return for that year. He filed an extension of time form with the IRS, but still failed to file any tax return for 1996. Under the plea agreement, Mr. McGaughran will be fined $20,000 and will pay restitution of $146,798, plus accruing statutory interest, to the United States of America. The sentencing of Mr. McGaughran is scheduled for July 7, 2003, before United States Magistrate Judge Larson in San Francisco. The maximum statutory penalty for violation of Title 26 USC Section 7203 is one year in prison and a fine of $100,000. However, the actual sentence will be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and will be imposed in the discretion of the Court. The prosecution is the result of a lengthy investigation by special agents of the IRS Criminal Investigation division. Thomas Moore is the Assistant U.S. Attorney who prosecuted the case with the assistance of Kathy Tat. A copy of this press release may be found on the U.S. Attorney's Office's website at 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.
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