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November 19, 2003
The United States Attorney's Office for the Northern District of California announced that Owen George Fiore, 69, an attorney practicing in San Jose, California, was indicted yesterday by a federal grand jury on four counts of income tax evasion in violation of 26 U.S.C. 7201.
According to the indictment, Mr. Fiore is alleged to have willfully attempted to evade income taxes due and owing for the calendar years 1996, 1997, 1998 and 1999. Mr. Fiore is alleged to have underreported his income tax liability in the amounts of $119,330, $150,497, $142,376 and $214,420, respectively, for the years 1996, 1997, 1998 and 1999. The total amount of taxes alleged to have been evaded is $626,623.
The maximum statutory penalty for each count in violation of 26 U.S.C. 7201 is 5 years and a fine of $250,000. However, any sentence following conviction would be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and would be imposed in the discretion of the Court. An indictment simply contains allegations against an individual and, as with all defendants, Mr. Fiore must be presumed innocent unless and until convicted.
According to IRS Criminal Investigation Special Agent in Charge Victor S. O. Song, "Tax evasion undermines the integrity of our system. Tax compliance should be equally shared among all of us, and that includes tax professionals."
Mr. Fiore is scheduled to make his initial appearance in federal court in San Francisco before United States Magistrate Judge Joseph C. Spero on December 10, 2003.
The prosecution is the result of a one year investigation by Special Agent Lisa Martin of the Internal Revenue Service. David Denier is the Assistant U.S. Attorney who is prosecuting the case with the assistance of legal technician Kathy Tat.
A copy of this press release may be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can. Related court documents and information may be found on the District Court website at www.cand.uscourts.gov or on http://pacer.cand.uscourts/gov.
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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