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July 3, 2003
The United States Attorney's Office for the Northern District of California announced that Sandra Mascarenhas, 48, was sentenced yesterday for one count of corruptly endeavoring to obstruct or impede the due administration of the Internal Revenue laws, in violation of 26 U.S.C. § 7212(a).
Ms. Mascarenhas, a resident of Menlo Park, California, along with her co-defendant and former husband, David Gainer, were indicted by a federal grand jury on March 26, 2001, with three counts of making and subscribing false tax returns for taxable years 1994, 1995 and 1996, in violation of 26 U.S.C. § 7206(1). Mr. Gainer pled guilty to these counts on May 1, 2002. A Superseding Information was filed against Ms. Mascarenhas on March 3, 2003, charging her with a violation of 26 U.S.C. § 7212(a). Under the plea agreement, Ms. Mascarenhas pled guilty to the charge contained in the Superseding Information.
In pleading guilty, Ms. Mascarenhas admitted that during the year 1995, she was married to David Gainer who owned and operated a telemarketing fund raising business, June-Berry, Inc., located in various peninsula cities. This business entered into contracts with various charities to raise funds for the charities using telemarketing. During this year, David Gainer received income from the operation of the telemarketing fund raising business. For taxable year 1995, Ms. Mascarenhas caused to be prepared, through their tax return preparer, and filed with the Internal Revenue Service, a joint U.S. Individual Income Tax Returns for such year. Specifically, on or about April 17, 1998, she willfully made and subscribed a joint U.S. Individual Income Tax Return for tax year 1995, which was verified by a written declaration that it was made under the penalties of perjury. She forged the signature of David Gainer on this return and caused the return containing the forged signature to be filed with the Internal Revenue Service, when she then and there well knew and believed that the return was not true and correct as to every material matter, in that she forged the signature of David Gainer on that return. In making and subscribing such false return, Ms. Mascarenhas acted wilfully.
Ms. Mascarenhas was sentenced by the Honorable Maxine M. Chesney to a term of imprisonment of 5 and a half months, one year of supervised release with the conditions that 5 and a half months be served on home detention, 150 hours of community service, and $3,000 restitution.
The prosecution is the result of a lengthy investigation by the United States Attorney's Office and agents of the IRS Criminal Investigation Division. Emily J. Kingston is the Assistant U.S. Attorney who is prosecuting the case, with the assistance of Kathy Tat and Stefania Chin.
All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.
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