News and Press Releases

Pittsburg Residents Charged With Conspiracy To File False Claim, Including False Claims for First-Time Home Buyer’s Credit

August 22, 2012

OAKLAND, Calif. – Three east bay residents were charged by a federal grand jury last week with conspiring to file false claims with the IRS, announced United States Attorney Melinda Haag and Internal Revenue Service Criminal Investigation Special Agent in Charge Marcus Williams.

According to the indictment Tonya Gilard, Edrick Harvey and Tierre Crummie, all residents of Pittsburg, Calif., conspired to file false federal income tax returns with the IRS. The defendants filed, or helped others file, false claims with the IRS requesting fraudulent tax refunds totaling $688,687. The false federal income tax returns included false and fictitious claims for the first-time home buyer’s tax credit. The returns filed by Gilard, Harvey and Crummie requested refunds from the IRS to which the taxpayers listed on the returns were not entitled.

On Aug. 21, 2012, Gilard and Harvey made their initial appearance in federal court in Oakland before Magistrate Judge Kandis A. Westmore. Crummie is scheduled to appear before Magistrate Judge Westmore on Aug. 23, 2012. All of the defendants are scheduled to appear before United States District Court Judge Yvonne Gonzalez Rogers in Oakland, on Sept. 6, 2012.

The maximum statutory penalty for conspiracy to file false claims, in violation of Title 18 U.S.C. § 286 is 10 years in prison and a $250,000 fine. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Charles Parker and Thomas Newman are the Assistant U.S. Attorneys who are prosecuting this case with the assistance of Kathy Tat. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.

Please note, an indictment contains only allegations against an individual and, as with all defendants, must be presumed innocent unless and until proven guilty.

(Gilard et al indictment )



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