William A. Hirst, Pleasanton, California, was charged on March 17, 2011, with two counts of making false statements to the Internal Revenue Service.
According to the indictment, Hirst first made false statements to agents of the Internal Revenue Service during a civil estate tax audit concerning three deeds that he fabricated. The indictment asserts that sometime between December 2004 and Feb. 15, 2005, Hirst fabricated three of eleven real property deeds that he caused to be filed with county recorder offices. The indictment asserts that Hirst signed and dated the three fabricated deeds in the name of an individual who was deceased at the time he fabricated the deeds. According to the indictment, Hirst falsely claimed that he notarized the fabricated deeds on Feb. 12, 2004; that the signature on the deeds was that of the decedent; that he did not sign the decedent’s signature to the deeds; that he did not remember why the deeds were filed fourteen months after Feb. 12, 2004; that he discovered the deeds had not been filed with the county recorder when he ran across them in a file; and that the signatures on the deeds were not his writing.
The indictment also asserts that on or about Aug. 5, 2008, during a criminal investigation, Hirst told IRS special agents that the reason the three deeds were recorded more than a year after the other eight deeds was because they were lost, when Hirst knew the reason the three deeds were recorded on April 4, 2005, was because those deeds were not fabricated by him until sometime between December 2004 and Feb. 15, 2005.
The maximum statutory penalty for making a false statement in violation of 18 U.S.C. 1001 is five years in prison followed by three years of supervised release and a fine of $250,000. 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.
United States Attorney Melinda Haag and Special Agent in Charge, IRS Criminal Investigation, Scott O Briant announced the indictment.
David Countryman and Thomas Moore are the Assistant U.S. Attorneys who are prosecuting this case with the assistance of Kathy Tat. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Please note, an indictment contains only allegations against an individual and, as with all defendants, William A. Hirst must be presumed innocent unless and until proven guilty.