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Department of Justice Logo 

U.S. Department of Justice

United States Attorney
Northern District of California

 

11th Floor, Federal Building
450 Golden Gate Avenue, Box 36055
San Francisco, California  94102

FOR IMMEDIATE RELEASE
 

 

Tel: (415) 436-7200
Fax: (415) 436-7234

 

January 13, 2004

The United States Attorney's Office for the Northern District of California announced that Memory X, a San Jose corporation, pleaded guilty yesterday on January 12, 2004, in federal court in San Jose to one count of mail fraud in violation of 18 U.S.C. § 1341.  The sentencing took place immediately after the guilty pleaThe court sentenced Memory X to a fine of $36,000 and ordered Memory X to forfeit over $800,000 of its funds.

According to the Plea Agreement, from January 1998 to January 1999, Memory X, a company in San Jose, California, engaged in the business of selling computer components to purchasers in the United Kingdom, participated in a scheme to defraud Customs Officials of the U.K.  The scheme involved Memory X issuing "double invoices" for merchandise ordered and shipped to the U.K.  One invoice, quoting a falsely low value for the goods, was created and shipped with the goods to fraudulently lower the assessed value of the goods, for which a Value Added Tax ("VAT") of 17.50% was to be paid by the U.K. purchaser.  A second invoice, reflecting the true value of such goods, was sent to the purchaser separately for full payment.

In pleading guilty, Memory X admitted that it assisted its U.K. purchasers in VAT evasion of an estimated $5.2 million.  A number of the purchasers were prosecuted and convicted in the United Kingdom.  Memory X's conviction follows the 2002 conviction of another San Jose company, Advance Computer Link that participated in the same scheme.

The prosecutions are the results of a joint investigation between agents of Immigration and Customs Enforcement (ICE) and the authorities of the United Kingdom.   Scott Tsui, a Santa Clara County Deputy District Attorney appointed as a Special Assistant U.S. Attorney, prosecuted this case.  

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.


mattmed