SAN FRANCISCO - Brendan McGrath aka Benny McGrath, of San Francisco, was sentenced yesterday to four months in prison and a $10,000 fine, United States Attorney Melinda Haag announced.

McGrath pleaded guilty on June 4, 2012, to filing a false federal income tax return for the 2006 tax year. According to the plea agreement, McGrath admitted to owning and operating a business, McGrath Construction, Benny McGrath Construction, and Kelly Construction, located in San Francisco, during 2006 and 2007, through which he provided general contracting services throughout the San Francisco Bay area.

Under the plea agreement, McGrath admitted he received $272,900 in gross receipts from his construction business during 2006, that he did not provide his income tax return preparer with accurate and complete information to prepare his 2006 tax return and that he knew his tax return was false when he signed and filed it with the Internal Revenue Service because it did not report his construction business or the gross receipts he derived from that business.

McGrath, 32, of San Francisco, was indicted by a federal Grand Jury on March 17, 2011. McGrath was charged with two counts of failure to file federal income tax returns for the 2004 and 2005 tax years in violation of 26 U.S.C. §7203 and two counts of filing a false federal income tax return for 2006 and 2007 in violation of 26 U.S.C. §7206(1).

The sentence was handed down by U.S. District Court Judge Jeffrey White following a guilty plea on one count in violation of 26 U.S.C. §7206(1). Judge White told Mr. McGrath that “there is a cost beyond paying back taxes you owe.” Judge White also sentenced the defendant to a one-year period of supervised release and a $10,000 fine. The defendant is scheduled to begin serving the sentence on January 2, 2013.

Cynthia Stier is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Kathy Tat. The prosecution is the result of an investigation by the Internal Revenue Service.

 

 

 

 

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