2003-09-23 -- Avila, Rene -- Guilty Plea -- News Release

Hudson County Publisher Admits Tax Evasion

NEWARK - The publisher of the Hudson County Spanish-language newspaper Avance, pleaded guilty today to tax evasion, U.S. Attorney Christopher J. Christie announced.

Rene Avila, 62, admitted before U.S. District Judge Katharine S. Hayden that he evaded taxes on approximately $59,000 of income attributable to Avance by failing to report the income on his 1998 federal income tax return. At the plea hearing, Avila admitted that he concealed income earned in connection with Avance by cashing business receipts at a check-cashing establishment instead of depositing the funds into Avance's business accounts.

Avila further admitted knowingly signing and submitting a false federal income tax return in connection with the tax scheme. The charges against Avila allege that he similarly evaded income taxes in 1997 and 1996, as acknowledged by Avila in the plea agreement he signed.

Avila pleaded guilty to Count Three of a three-count Information. In exchange for his plea of guilty, the government agreed to have the remaining two counts dismissed at sentencing. However, as part of the plea agreement the defendant agreed that, in addition to the tax loss for 1998, there was an additional tax loss of $29,105 for tax year 1997; a tax loss of $25,859 for tax year 1996, and a tax loss of $61,793 for tax year 1995 - all of which the government will ask Judge Hayden to take into consideration at sentencing.

Avila also agreed to file amended tax returns for tax years 1994 through 1999 and pay any back taxes.

Avance is a weekly, Spanish-language newspaper distributed primarily in Hudson County. Avila is a resident of Union City and resides periodically in Miami, Fla. as well.

Avila is scheduled to be sentenced on Jan. 21 at 10 a.m. Avila was released on a $25,000 personal recognizance bond pending sentencing.

The tax evasion charge to which Avila pleaded guilty carries a maximum sentence of five years in prison and a $100,000. As part of his plea agreement, Avila also agreed to pay all taxes owed, and, as part of his sentence, he may also be ordered to pay a fine.

Under U.S. Sentencing Guidelines, Judge Hayden will determine Avila's actual sentence based on a formula that takes into account the severity and characteristics of the offense and his criminal history, if any. Parole has been abolished in the federal system. Under the Sentencing Guidelines, defendants who are given custodial terms must serve nearly all that time.

Christie credited Special Agents of the Internal Revenue Service Criminal Investigation section, under the direction of Patricia J. Haynes, Special Agent in Charge, for their handling of the case.

The Government is represented in the case by Assistant U.S. Attorneys Carlos F. Ortiz and Matthew Boxer of the U.S. Attorney's Office.

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Defense attorney: Howard B. Brownstein, Esq., Union City