Former Police Officer And Wife Plead Guilty In Tax Fraud Scheme

OAKLAND – Former Antioch police officer Gary Bostick and his wife, Ana Bostick, pleaded guilty to their respective roles in a scheme to illegally obtain money from the United States announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. 

Gary Bostick, 39, and Ana Bostick, 37, both of Pittsburg, pleaded guilty to their respective roles in a conspiracy to commit theft of public money and related charges.  The Honorable Jeffery S. White, United States District Judge, accepted Ana Bostick’s guilty plea on Tuesday, June 13, 2017, and accepted Gary Bostick’s guilty plea this morning. 

According to the Bosticks’ plea agreements, between January and April of 2015, the conspiracy involved filing false federal income tax returns in order to obtain fraudulent federal income tax refunds and cashing stolen U.S. Treasury checks at Walmart stores throughout the United States.  Specifically, Gary Bostick admitted that in January 2015, he assisted in filing false tax returns with the IRS in the names of deceased individuals.  The defendants obtained names, dates of birth, and Social Security numbers from websites such as www.rootsweb.ancestry.com and www.ssnvalidator.com.  In order to receive payment, the conspirators directed the IRS to mail the fraudulently obtained U.S. Treasury checks to addresses he and his co-conspirators could access.  The conspirators cashed the U.S. Treasury checks at various Walmart stores. 

Ana Bostick admitted that she aided her co-conspirators by, among other things, cashing two U.S. Treasury checks.  Ana Bostick admitted she requested another co-conspirator to send her photos of the two U.S. Treasury checks so that she could use the information on the checks to obtain fake identification that matched the names.  After obtaining the fake identifications, Ana Bostick cashed the two checks and kept the corresponding funds. 

Gary Bostick’s participation in the scheme included traveling with two co-conspirators to Los Angeles to obtain stolen U.S. Treasury checks and then to Walmart stores in various areas, including Kentucky, to cash the checks.  The former police officer acknowledged that he supervised other individuals in the scheme, including managers and runners, who were responsible for cashing the fraudulent or stolen U.S. Treasury checks.  In sum, the conspiracy involved $720,530.40 in stolen U.S. Treasury checks.   

On November 15, 2015, a federal grand jury indicted Gary Bostick, Ana Bostick, and their co-conspirators.  For her part in the scheme, Ana Bostick was charged with conspiracy to commit theft of public money, in violation of 18 U.S.C. § 371; two counts of theft of public money, in violation of 18 U.S.C. § 641; and two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A.  She pleaded guilty to all charges.  For his part in the scheme, Gary Bostick was charged with conspiracy to commit theft of public money, in violation of 18 U.S.C. § 371; four counts of wire fraud, in violation of 18 U.S.C. § 1343; and four counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A.  He pleaded guilty to the conspiracy charge and to the wire fraud charges.  Pursuant to the plea agreement, the identity theft charges were dismissed.  

Judge White scheduled Gary Bostick’s sentencing for September 19, 2017, and Ana Bostick’s sentencing for November 14, 2017.  The maximum sentence for conspiracy to commit theft of public money is five years in prison and a fine of $250,000.  The maximum sentence for theft of public money is ten years in prison and a fine of $250,000.  The maximum sentence for wire fraud is 20 years in prison and a fine of $250,000.  The maximum sentence for aggravated identity theft is a mandatory minimum of two years in prison and a fine of $250,000.  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. 

Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera and Trial Attorney Gregory Bernstein are prosecuting this case with assistance from Jonathan Deville of the Tax Division.  The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.