Johnson City Woman Charged With False Tax Refund Scheme

SYRACUSE, NEW YORK – Lavyette Garcia, age 39, of Johnson City, New York, was charged in an 11-count indictment alleging that she prepared and filed false federal income tax returns in an effort to fraudulently obtain refunds from the U.S. Treasury Department, announced Acting United States Attorney Grant C. Jaquith and James D.  Robnett, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (IRS-CI).

The defendant was arrested by Special Agents of the IRS-CI at her home on Friday November 17, 2017, was arraigned in Syracuse, New York, before United States Magistrate Judge Therese Wiley-Dancks, and released pending a trial before Senior United States District Judge Thomas J. McAvoy on January 16, 2018.

Five of the charges in the indictment allege that the defendant filed false claims in the form of federal income tax returns, and carries a maximum sentence of up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  Six other charges in the indictment allege that the defendant prepared federal income tax returns containing false and fraudulent information, and carries a maximum sentence of up to 3 years and a fine of up to $100,000.00.   A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by Internal Revenue Service-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.