Robert Baños, 46, of Red River, N.M., is behind bars after a federal judge sentenced him to 15 months in prison for filing a false tax return, capping a years-long scheme to cheat the IRS out of more than $180,000. The Taos County businessman, owner of Old Tymer’s Café and Bighorn Sports and Rental, admitted to systematically underreporting income across five tax years, but was convicted specifically for his 2013 return.
Bañós stood before the court in Albuquerque late yesterday and accepted responsibility for the crime, receiving an additional one year of supervised release following his prison term. Federal prosecutors secured a restitution order of $182,771—covering the full scope of unreported income tied to the investigation, not just the single count of conviction. The money must be paid back to the IRS.
The case traces back to April 12, 2016, when a federal grand jury indicted Baños on five counts of filing false tax returns for the years 2009 through 2013. Each year, he claimed a negative income on his individual returns—a red flag to investigators. In reality, his businesses were generating substantial revenue, which he deliberately concealed from both his tax preparer and the IRS.
On March 3, 2017, Baños pled guilty to Count 5 of the indictment, which charged him with making and subscribing a false return for tax year 2013. During his plea, he admitted to feeding falsified financial data to his return preparer, knowing it would be used to file inaccurate returns. He also signed each return under penalty of perjury, fully aware they contained material falsehoods designed to dodge federal taxes.
The investigation was led by the Albuquerque office of IRS-Criminal Investigation, a division known for cracking down on high-profile tax cheats and underground economy operators. Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division, emphasized the message: “Tax evasion isn’t victimless. It shifts the burden to honest taxpayers and undermines the system.”
Assistant U.S. Attorney Margaret M. Vierbuchen prosecuted the case, securing a conviction that reflects both the seriousness of financial fraud and the reach of federal enforcement. Baños now begins his sentence, while the IRS begins the long process of recouping every dollar he tried to hide.
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Key Facts
- State: New Mexico
- Agency: DOJ USAO
- Category: Fraud & Financial Crimes
- Source: Official Source ↗
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