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Date: 01-14-2021

Case Style:

United States of America v. Aleksandar Sreckovic

Case Number: 3:21-cr-00018-CAB

Judge: Cathy Ann Bencivengo

Court: United States District Court for the District of Southern District of California (San Diego County)

Plaintiff's Attorney: United States District Attorney’s Office, San Diego, California

Defendant's Attorney:

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Description: San Diego, California tax fraud charge criminal defense lawyer represented Aleksandar Sreckovic, who was charged with employment tax fraud.

According to court documents and statements made in court, Aleksandar Sreckovic was a manager for San Diego Home Cooking, a restaurant group with over 110 employees and five restaurants in the San Diego area, including Café 56 & Bar and Mission Valley Café & Bar in San Diego, Lake Murray Café in La Mesa, Lakeside Café in Lakeside, and Centre City Café in Escondido. Sreckovic had significant control over the finances of the company and had a duty to account for and pay over the employment taxes on behalf of the company’s employees to the IRS.

In November 2014, Sreckovic directed an outside payroll company to stop making employment-tax payments. From the last quarter of 2014 through 2017, Sreckovic did not file employment tax returns nor pay employment taxes for San Diego Home Cooking. In total, Sreckovic caused a tax loss of over $1.5 million. Instead of paying employment taxes, Sreckovic paid other creditors and his own personal expenses. Sreckovic has agreed to pay over $2.2 million in restitution, interest, and penalties to the IRS.

U.S. District Judge Cathy Ann Bencivengo scheduled sentencing for April 2, 2021. At sentencing, Sreckovic faces a maximum sentence of five years in prison. He also faces a period of supervised release and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Brewer commended the special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Andrew Galvin and Trial Attorney Matthew Hoffman, who are prosecuting the case.

26:7202 Failing to Account for and to Pay Over Employment Tax

01/13/2021 1 INFORMATION as to Aleksandar Sreckovic (1) count(s) 1. (tkl) (Entered: 01/13/2021)
01/13/2021 Surrender of Aleksandar Sreckovic (no document attached) (tkl) (Entered: 01/13/2021)
01/13/2021 2 Joint MOTION to schedule Felony Plea Hearing as to Aleksandar Sreckovic. (tkl) (Entered: 01/13/2021)
01/13/2021 3 ORDER granting 2 Motion for Felony Plea Hearing as to Aleksandar Sreckovic (1). Signed by Judge Cathy Ann Bencivengo on 1/13/21.(tkl) (Entered: 01/13/2021)
01/13/2021 4 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Defendant consents to proceed via Zoom. Initial Appearance as to Aleksandar Sreckovic held on 1/13/2021. Attorney Richard A Carpenter, Retained for Aleksandar Sreckovic. Bond set as to Aleksandar Sreckovic (1) $10,000 P/S secured by own signature and co signature of 1 FRA. Arraignment on Information as to Aleksandar Sreckovic (1) Count 1 held on 1/13/2021. Defendant waived Indictment in open court. Change of Plea Hearing as to Aleksandar Sreckovic held on 1/13/2021. Plea Tendered by Aleksandar Sreckovic Guilty on count 1 of the Information. Excludable(s) started as to Aleksandar Sreckovic: XK 1/13/21 - 4/2/21. PSR Ordered. All pending motions withdrawn; Pending hearing dates vacated. Any objections to Findings due within 14 days Sentence With PSR set for 4/2/2021 09:00 AM before Judge Cathy Ann Bencivengo. Consent, Findings and Plea Agreement filed. Abstract issued to USM. Defendant must be fingerprinted by 1/20/2021.

As required by Rule 5(f), the US is ordered to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland and its progeny. Not doing so in a timely manner may result in sanctions, including exclusion of evidence, adverse jury instructions, dismissal of charges and contempt proceedings.(CD# 1/13/2021 9:27-9:58). (Plaintiff Attorney Andreq Galvin, AUSA). (Defendant Attorney Richard Carpenter, Retained). (tkl) (Entered: 01/13/2021)
01/13/2021 5 ORDER Setting Conditions of Release. Bond set for Aleksandar Sreckovic (1) $10,000 P/S secured by co signature of 1 FRA.. Signed by Magistrate Judge Allison H. Goddard on 1/13/21. (tkl) (Entered: 01/13/2021)
01/13/2021 6 ABSTRACT OF ORDER Releasing Aleksandar Sreckovic. (Attachments: # 1 Receipt) (tkl) (Entered: 01/13/2021)
01/13/2021 7 ORDER as to Aleksandar Sreckovic: The Court orders the United States to comply with the continuing duty to disclose evidence which is favorable to the defendant as required by Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. Upon finding that the government has failed to comply with this order, the Court may, as appropriate, order the production of such information, grant a continuance, impose evidentiary sanctions, or, in extreme cases, dismiss charges.. Signed by Magistrate Judge Allison H. Goddard on 1/13/2021. (anh) (Entered: 01/13/2021)
01/13/2021 8 Appearance Bond Filed as to Aleksandar Sreckovic in amount of $ $10,000 P/S, (Document applicable to USA, Aleksandar Sreckovic.) (anh) (Entered: 01/13/2021)

Outcome: 01/13/2021 10 PLEA AGREEMENT as to Aleksandar Sreckovic (anh) (Entered: 01/13/2021)
01/13/2021 11 FINDINGS AND RECOMMENDATION of the Magistrate Judge upon a Tendered Plea of Guilty as to Aleksandar Sreckovic: Recommending that the district judge accept the defendant's plea of guilty. Signed by Judge Cathy Ann Bencivengo on 1/13/2021. (anh) (Entered: 01/13/2021)

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