ERIE — A resident of Smethport has been indicted by a federal grand jury in Erie on charges of violating federal tax laws, U.S. Attorney Scott W. Brady announced on Tuesday.
The three-count Indictment named Brian L. Gustafson, 48, as the sole defendant.
According to the indictment, when the IRS sought to bring Gustafson into compliance with regulations on filing and payment requirements, Gustafson “engaged in several acts of evasion.”
The prosecutor alleged Gustafson closed a bank account the IRS knew about, and replaced it with an account that was not disclosed. He allegedly failed to disclose personal and corporate bank accounts to the IRS on Form 433-A, and when the account was discovered, Gustafson lied to an IRS revenue agent about his use of the account and “withdrew significant cash from the undisclosed account,” according to the prosecutor.
The indictment was not made publicly available on Tuesday, and the information released from the prosecutor’s office did not indicate what corporate accounts were allegedly involved.
According to a prior federal court filing, B.L. Gustafson LLC has done business under the following names: Priority Care Ambulance, Gus’s Guns, B.L. Gustafson Excavation, Brynwood Farm and Brian Gustafson Rentals.
The law provides for a maximum total sentence of 11 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Internal Revenue Service, Criminal Investigation Division conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.