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Darryl J. Gutierrez, Obstructing IRS, New Mexico 2017

Grimy Times

A federal jury in Albuquerque, New Mexico, delivered a guilty verdict against Darryl J. Gutierrez, a 61-year-old electrical engineer from Santa Fe, for obstructing the IRS and filing false tax returns.

The jury found Gutierrez guilty on all 11 counts of the indictment, including one count of obstructing and impeding the administration of the internal revenue laws and 10 counts of making and subscribing false tax returns.

Gutierrez, who worked at Los Alamos National Laboratory for nearly 30 years, earning an annual salary ranging from $80,000 to $115,000 between 2000 and 2009, stopped complying with federal tax laws and began engaging in a pattern of obstructive conduct to prevent the IRS from assessing and collecting his taxes.

The evidence at trial showed that Gutierrez’s obstructive tactics included sending frivolous correspondence to the IRS and submitting false tax information to his employer and the IRS under penalty of perjury.

Between November 2010 and January 2011, Gutierrez filed 10 false federal income tax returns for tax years 2000 to 2009, seeking a refund when he actually owed the IRS approximately $125,000.

Acting U.S. Attorney James D. Tierney stated, ‘Our tax system depends on each one of us truthfully reporting our income to the IRS. Anybody can make an honest mistake, but deliberate lies on an income tax return are a crime.’

Gutierrez faces a statutory maximum penalty of three years of imprisonment on each of the 11 charges on which he was convicted and was ordered to post a $200,000 bond pending sentencing.

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