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Date: 07-19-2023

Case Style:

United States of America v. Gabriel Ferrari

Case Number: 2:21-cr-00231

Judge: Stanley R. Chesler

Court: United States District Court for the District of New Jersey (Essex County)

Plaintiff's Attorney: United States Attorney’s Office in Newark

Defendant's Attorney: Kristen Santillo

Description: Newark, New Jersey criminal defense lawyer represented Defendant charged with filing a false corporate income tax return with the IRS.

Gabriel Ferrari of Edison, New Jersey, owned and operated Buses and Trucks, Inc., an automotive repair business located in Linden, New Jersey. In 2011, Ferrari used business funds to pay for personal items, including gambling on horse races. Ferrari concealed this diversion of business income by not disclosing it to his return preparer, thus causing the preparation and filing of a false corporate tax return. Furthermore, Ferrari did not pay employment taxes in the amount of $291,600 based on an unreported cash payroll.

In addition to the term of imprisonment, U.S. District Judge Stanley R. Chesler ordered Ferrari to serve one year of supervised release and to pay approximately $87,926 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Philip R. Sellinger for the District of New Jersey made the announcement.

IRS-Criminal Investigation investigated the case.

Trial Attorney Ann M. Cherry of the Justice Department’s Tax Division and Assistant U.S. Attorney Andrew M. Trombley of the District of New Jersey prosecuted the case.

26:7206(1) MAKING AND SUBSCRIBING FALSE TAX RETURNS (dOF-12/19/2014- 1/25/2016

Outcome: SENTENCE: 1 YEAR and 1 DAY on Count 4 of the INDICTMENT SUPERVISED RELEASE: 1 YEAR on Count 4 of the INDICTMENT Based on information presented, you are excused from the mandatory drug testing provision; however, you may be requested to submit to drug testing during the period of supervision if the probation officer determines a risk of substance abuse. SPECIAL CONDITIONS: COOPERATION WITH THE INTERNAL REVENUE SERVICE FINANCIAL DISCLOSURE NEW DEBT RESTRICTIONS RESTRICTIONS FROM ENTERING GAMBLING ESTABLISHMENTS GAMBLING RESTRICTIONS AND REGISTRATION ON EXCLUSION LISTS SELF-EMPLOYMENT/BUSINESS DISCLOSURE RESTITUTION: $87,926. FINE: $7,500. SPECIAL ASSESSMENT: $100, which is due immediately. VOLUNTARILY SURRENDER within 90 days; the Court recommends that the defendant shall be designated to either USP Otisville, NY or USP Canaan, PA RIGHT TO APPEAL: COUNTS TO BE DISMISSED: 1-3 AND 5-10 OF THE INDICTMENT BE AND ARE HEREBY DISMISSED.

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