| FOR IMMEDIATE RELEASE December 13, 2007 WWW.USDOJ.GOV/USAO/CAN |
SAN FRANCISCO – United States Attorney Scott N. Schools and Special Agent in Charge of IRS Criminal Investigation, Scott O’Briant, announced that a federal grand jury in San Francisco indicted Richard Wayne Cutshall, formerly of Orinda, on three counts of tax evasion. These charges are the result of an investigation by the Internal Revenue Service Criminal Investigation.
According to the indictment, Mr. Cutshall received taxable income, computed on the community property basis, for the years 2001, 2002 and 2003. The defendant is alleged to have willfully attempted to evade and defeat the income tax due and owed by him by failing to make separate individual income tax returns or joint individual income tax returns to the IRS for any of the above stated years.
Mr. Cutshall was arrested on Wednesday, December 5, 2007. He made his initial appearance the same day before Judge Maria Elena James. His next court appearance is before the Honorable Martin J. Jenkins, United States District Court Judge, on January 10, 2008, at 2:00 p.m.
The maximum statutory penalty for each count of tax evasion, in violation of 26 U.S.C. § 7201 is five years in prison and a fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment contains only allegations against an individual and, as with all defendants, Mr. Cutshall must be presumed innocent unless and until proven guilty.
Thomas Moore 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 Criminal Investigation.
Further Information:
Case #: CR-07-762 MJJ
A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.
Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
All press inquiries to the U.S. Attorney’s Office should be directed to Joshua Eaton at (415) 436-6958 or by email at Josh.Eaton@usdoj.gov.