Home Atlanta Press Releases 2009 Man Charged with Identity Fraud and Filing False Tax Claims Arrested by Federal Authorities
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Man Charged with Identity Fraud and Filing False Tax Claims Arrested by Federal Authorities

U.S. Attorney’s Office May 20, 2009
  • Southern District of Georgia (912) 652-4422

AUGUSTA, GA—Edmund A. Booth, Jr., United States Attorney for the Southern District of Georgia, announced today that federal authorities arrested Anthony Davila, of Tampa Florida, who had been recently indicted by the federal grand jury sitting in Savannah for a violation of 18 U.S.C. § 286, Conspiracy; 11 counts of 18 U.S.C. § 287, false claims against the United States; 11 counts of 18 U.S.C. § 1341, mail fraud; and 11 counts of 18 U.S.C. § 1028A, aggravated identity theft.

Booth noted that the indictment alleges that Davila caused to be filed with the Internal Revenue Service more than 120 false income tax returns in other individuals’ names that together claimed over $630,000 in false, fictitious, or fraudulent refunds. Davila was alleged to have received from the United States Department of Treasury more than more than $423,000 in refunds as a result of these false returns. The indictment describes a scheme where Davila is alleged to have searched the website of the Florida Department of Corrections and the websites of other state prisons to identify inmates who were serving sentences which generally exceeded 15 years. Davila is alleged to have used fictitious W-2 forms and the fraudulently obtained data on the inmates to create fictitious 1040EZ tax forms on which he forged the signatures of the inmates and mailed said forms to the Internal Revenue Service.

Booth noted that, if convicted of conspiracy, Davila faces a maximum statutory penalty of 10 years’ imprisonment; a fine of $250,000.00; and three years’ supervised release. On each count of false claims, if convicted, Davila faces a maximum statutory penalty of five years’ imprisonment; a fine $250,000.00; and three years’ supervised release. For each count of mail fraud, if convicted, Davila faces a maximum statutory penalty of 20 years’ imprisonment; a fine of $250,000.00; and three years’ supervised release. As for each count of aggravated identity theft, if convicted, Davila faces a maximum statutory penalty of two years’ imprisonment to run consecutive to any sentence imposed on the mail fraud counts; a fine of $250,000.00; and three years’ supervised release.

Booth stated that the indictment was placed under seal pending Davila’s arrest. The indictment and arrest follow an investigation spanning several years. An arraignment date has not yet been scheduled.

Booth stressed that an indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The investigation was conducted by the Internal Revenue Service and the Federal Bureau of Investigation. The government is represented in this case by Assistant United States Attorney Patricia G. Rhodes.

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