Technology Employee Charged with Mail Fraud and Filing False Tax Return

United States Attorney Karen P. Hewitt announced that Brett Bardsley, a former employee of two large corporations with offices in San Diego County, was sentenced today in U.S. District Court in San Diego by the Honorable M. James Lorenz to serve 41 months in federal custody for mail fraud and filing a false tax return. In addition to the custodial sentence, Judge Lorenz ordered that Bardsley serve a three-year term of supervised release following his release from prison and pay $861,757 in restitution to Koch Membrane Systems and BEI Technology.

According to Assistant United States Attorney John Owens, who prosecuted the case, defendant Bardsley worked as a materials/purchasing manager at Koch Membrane Systems. Prior to Koch, he held a similar position at BEI Technology in Vista and San Marcos. At Koch and BEI, defendant had the power to purchase goods and services and also enter them as received into inventory.

According to court documents, Bardsley set up shell companies and then billed over $580,000 for goods and services from Koch that, in reality, were not provided. Also as part of his scheme, defendant Bardsley similarly embezzled more than $200,000 from BEI Technology, his previous employer. Additionally, as part of his plea, Bardsley admitted that he submitted and signed a tax return for the year 2005 that he knew contained false information as to a material matter, namely the fact that his taxable income was greater than what he listed on his return. Bardsley admitted that he willfully filed this false tax return to avoid reporting any of the funds that he had embezzled from Koch. Between 2004 and 2007, Bardsley failed to report $557,623.03 in taxable income to the IRS, resulting in a tax loss of $199,034.45.

United States Attorney Hewitt said, “We will continue working with our law enforcement partners to ensure that white collar crimes—like embezzlement and filing false tax returns—are aggressively investigated and prosecuted in our district.”

FBI Special Agent in Charge Keith Slotter commented, “Today's sentencing is a reflection of the extent to which Mr. Bardsley's greed became an element in his employment. The FBI aggressively pursues those who choose nefarious criminal behavior above workplace integrity.”

Case No. 09-CR-2250-L

DEFENDANT
Brett Bardsley Fallbrook, California Age: 43

SUMMARY OF CHARGES
One Count—Title 18, United States Code, Section 1341 - Mail Fraud
One Count—Title 26, United States Code, Section 7206(1) - Filing a False Tax Return

PARTICIPATING AGENCIES
Federal Bureau of Investigation
Internal Revenue Service, Criminal Investigation