May 13, 2010

FORMER RESIDENT OF SAN PABLO CHARGED WITH TAX FRAUD, ATTEMPTING TO INTERFERE WITH IRS LAWS AND UNLAWFULLY OBTAINING NATURALIZATION AND CITIZENSHIP

SAN FRANCISCO – Harjit Bhambra made his initial appearance in federal court Friday on charges that include filing false tax returns, false statements, unlawfully obtaining naturalization and citizenship, and impeding the administration of Internal Revenue laws, United States Attorney Joseph P. Russoniello and Special Agent in Charge, IRS Criminal Investigation, Scott O’Briant announced.

According to a superseding indictment filed May 4, 2010, Harjit Bhambra, of Hercules, Calif., willfully omitted gross receipts for Bay Area Transportation on Schedule C of his 2003 and 2004 federal income tax returns. The defendant knew and believed that the gross receipts for Bay Area Transportation were greater than the amounts he reported on his tax returns. The indictment also alleges that Harjit Bhambra willfully assisted and advised in the false and fraudulent preparation of the 2003 and 2004 federal income tax returns for Naranjan Bhambra. Naranjan Bhambra’s 2003 and 2004 federal income tax returns reported gross receipts for Bay Area Transportation when in fact, as Harjit Bhambra knew, there should not have been any gross receipts for Bay Area Transportation reported on Naranjan Bhambra’s federal income tax returns because it was not a sole proprietorship belonging to her.

According to the superseding indictment, on Jan. 30, 2008, Harjit Bhambra knowingly made false and fraudulent statements in connection with his application for naturalization (Forms N-400), which he signed and affirmed under penalty of perjury. The false statements included that he had never been convicted of a crime or offense when Harjit Bhambra knew he had been convicted on or about Sept. 13, 2007, of a state felony violation of the Vehicle Code of the State of California.

The superseding indictment alleges that on March 25, 2008, Harjit Bhambra knowingly made a false and fraudulent statement in connection with his Notice of Naturalization Oath Ceremony (Form N-445), which was signed and affirmed under penalty of perjury on that same day. In his false and fraudulent statement, Harjit Bhambra declared that he had not been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance, including traffic violations, when he knew that he had been arraigned on Feb. 21, 2007, convicted by a jury on Sept. 13, 2007, and sentenced and placed on probation on Feb. 26, 2008, for a state felony violation of Section 4463(a)(2) of the Vehicle Code of the State of California.

Harjit Bhambra was also charged with corruptly endeavouring to obstruct or impede the due administration of the internal revenue laws. The superseding indictment alleges that Harjit Bhambra made false and/or misleading statements to an IRS revenue agent during a civil audit, made false statements to an IRS special agent during the criminal investigation, created fake invoices, made false accusations about the revenue agent and IRS special agents involved in the investigation and threatened to file a lawsuit against the IRS and IRS special agents for $12 billion based on false allegations that he made against IRS special agents.

Harjit Bhambra is not in custody. He has been released on his own recognizance. The defendant’s next scheduled court appearance is at 11 a.m. on May 14, 2010, for trial setting before Judge Susan Illston.

The charges of filing a false tax return and aiding and assisting in the preparation of a false tax return each carry a maximum penalty of three years in prison and a $250,000 fine. The charge of false statements has a maximum penalty of five years in prison and a $40,000 fine. The charge of unlawfully obtaining naturalization and citizenship has a maximum penalty of 10 years in prison and a $10,000 fine. The charge of attempting to interfere with the IRS laws has a maximum penalty of three years in prison and a $5,000 fine. 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.

Cynthia Stier 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 IRS Criminal Investigation.

Please note, an indictment contains only allegations against an individual and, as with all defendants, Harjit Bhambra must be presumed innocent unless and until proven guilty.

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