Robert Eugene Hybertson, Tax Evasion and Social Security Disability Insurance Fraud, Colorado 2023

Robert Eugene Hybertson, 61, of Brighton, Colorado, was sentenced to time served, approximately 20 months' imprisonment, for failure to file a tax return and for fraudulently concealing facts relevant to Social Security Disability payments.

The defendant will serve 3 years of supervised release. Hybertson also agreed to pay restitution to the Social Security Administration (SSA) in the amount of $146,484, file accurate tax returns for all years in which returns are pending, and pay all taxes owed to the IRS as determined by a subsequent civil IRS proceeding.

According to the stipulated facts in the plea agreement, Hybertson received a gross income of $887,000 in 2012 but willfully failed to file the required income tax return for that year. The defendant also failed to file tax returns for his income for the years 2010, 2011, and 2013, when he had approximate gross incomes of $241,000, $566,000, and $117,000, respectively.

The estimated tax loss for those four years is $828,000, or $1.7 million if penalties and interest are included.

Also, in May 2001, Hybertson began receiving Social Security Disability Insurance (SSDI) benefits. As part of this application, the defendant agreed to notify SSA if the defendant's medical condition improved enough that he was able to return to work.

Starting around 2010, however, Hybertson concealed from SSA the fact that he was receiving the income described above, including by making false statements that he was not working. As a result of his concealment, Hybertson received $146,484 in SSDI benefits to which he was not entitled.

“The defendant avoided paying hundreds of thousands of dollars in taxes and at the same time lied to get money he did not deserve from Social Security Disability Insurance,” said U.S. Attorney Jason Dunn.

The sentencing hearing was before U.S. District Court Judge R. Brook Jackson. The case was investigated by IRS-Criminal Investigation and the Social Security Office of the Inspector General. The defendant was prosecuted by Assistant U.S. Attorneys Rebecca Weber, Emily Treaster, Kelly Churnet, and First Assistant U.S. Attorney Matthew Kirsch.

Source: https://www.justice.gov/usao-co/pr/brighton-man-sentenced-failure-file-tax-return-and-fraudulently-concealing-facts-relevant