ALBUQUERQUE – Darryl J. Gutierrez, 60, of Santa Fe, N.M., was arraigned yesterday on an eleven-count indictment alleging federal tax charges, announced U.S. Attorney Damon P. Martinez and Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Gutierrez was arrested on Dec. 2, 2015, on the indictment which was filed on Nov. 5, 2015. Gutierrez made his initial appearance in federal court in Albuquerque, N.M., yesterday. During those proceedings, Gutierrez entered a not guilty plea and was released on conditions of release and under pretrial supervision pending trial.
Count 1 of the indictment charges Gutierrez with evading his federal tax obligations during tax years 2000 through 2009 by falsely claiming tax refunds totaling $173,526.00, when he was not entitled any tax refunds but instead owed approximately $125,624.00 in income taxes. According to the indictment, Gutierrez’s alleged tax liability increased the amount of his false claims to approximately $299,150.00, exclusive of interest and penalties. Counts 2 through 11 of the indictment allege that Gutierrez subscribed and filed individual tax returns for calendar years 2000 through 2009 that were materially false. Each of the charges alleges that Gutierrez’s tax returns falsely reported wages earned and other income during those calendar years.
If convicted, Gutierrez faces a statutory maximum penalty of five years in federal prison on the tax evasion charge and a statutory maximum penalty of three years in federal prison on the subscribing false tax returns charges. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.