Saratoga Entrepreneur Sentenced To 48 Months In Prison For Crimes Committed In Connection With Boulder Creek Hotel Construction Project
Defendant also ordered to pay $4,208,565.36 in restitution to his victim.
SAN JOSE—Sanjiv Kakkar was sentenced today to 48 months in prison and ordered to pay $4,208,565.36 in restitution to the victim for wire fraud and making misstatements to a bank announced U.S. Attorney Brian J. Stretch and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder. The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge, after a twelve-day jury trial ending with a guilty verdict on all counts.
The evidence at trial demonstrated Kakkar, 55, of Saratoga, presented false information to a bank in connection with refinancing a hotel property he owned in Boulder Creek, Calif. In November of 2008, Kakkar sought to secure a $6 million loan to refinance the Brookdale Inn and Spa. In connection with the loan, he submitted bogus documents to a bank, including falsified income information and tax returns, which overstated his business income. Kakkar also did not comply with his continuing obligation under the terms of the loan to provide the bank with updated financial records and further tax documents. Further, between January and June 2009, Kakkar submitted false and fraudulent documents to an escrow company. Kakkar induced the escrow company to advance hundreds of thousands of dollars in wire progress payments that were earmarked for reimbursement of construction costs.
A federal grand jury issued a superseding indictment against Kakkar on June 2, 2016, charging him with one count of making misstatements to a bank, in violation of 18 U.S.C. § 1014, and six counts of wire fraud, in violation of 18 U.S.C. § 1343. On November 8, 2016, a jury found Kakkar guilty of all the charges presented in the superseding indictment.
In addition to the prison term, and restitution, Judge Davila ordered Kakkar to pay a $20,000 fine and to serve three years of supervised release. Kakkar currently is released on bond and has been ordered to surrender on or before June 22, 2017, to begin serving his sentence.
Assistant U.S. Attorneys Amie Rooney and Maia Perez are prosecuting the case with assistance from Nina Burney and Elise Etter. The case is the result of an investigation by the ATF.