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Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of California

FOR IMMEDIATE RELEASE
Tuesday, March 31, 2015

Former eBAY Manager Sentenced To 30 Months For Stealing More Than $200,000 In IRS Refunds

SAN JOSE, Calif. – Sanjeev Bais was sentenced to 30 months imprisonment and ordered to pay restitution of $247,541 for theft of government property, United States Attorney Melinda Haag and Special Agent in Charge José M. Martinez announced.

Bais, 41, of San Jose, pleaded guilty on December 8, 2014.  According to the plea agreement, between February 2009 and April 2010, Bais and his partner stole $224,792 in IRS refunds by filing false tax returns. Bais, an eBay, Inc. manager at that time, had an email list consisting of employees of San Jose based technology companies. Using that email list, Bais sent an email soliciting tax return preparation services by a Certified Public Accountant named “Raj Malhotra.”

Bais admitted that while operating under the alias “Raj Malhotra,” he asked these victims for personal information, including copies of their driver’s licenses, Forms W-2, Forms 1099 and 1098, and other tax related documents. He also instructed these people to pay for the tax returns by submitting payments to his PayPal account. Bais and his partner prepared tax returns showing false Schedule C business losses, false “Other” losses, and false Schedule A items. Additionally, instead of sending the victims copies of the tax returns filed with the IRS, Bais and his partner sent fake copies that accurately reflected the individual tax liability of the victims.  Bais and his partner submitted the tax returns to the IRS using Intuit, Turbo Tax, and by submitting paper tax returns. To further conceal his crimes, Bais and his partner deposited cash into the victims’ real bank accounts in amounts that matched the refunds shown on the fake tax returns that he sent to them. Bais used the fraudulently obtained money to pay his mortgage on a property in Belmont and provided $27,000 to his partner to deposit into an account with the State Bank of India.

The sentence was handed down by the Honorable Edward J. Davila, following a guilty plea on 14 counts of theft of government property in violation of 18 U.S.C. § 641.  Judge Davila also sentenced the defendant to a one year period of supervised release.  The defendant was ordered to surrender on June 8, 2015.

Assistant U.S. Attorney Thomas Moore is prosecuting this case. The prosecution is the result of an investigation the IRS, Criminal Investigation.

Updated March 31, 2015