By: WISCONSIN LAW JOURNAL STAFF//April 5, 2013//
Tax evasion – Indictment
An indictment that identified the years for which taxes were evaded is sufficient.
“Scheuneman has not demonstrated a material variance between the relevant dates associated with the charges in the indictment and the government’s proof at trial. Counts 1 and 2 accurately identified 2003 and 2004 as the years in which Scheuneman incurred tax obligations, specified the amount of his taxable income in each of these years, and alleged that he evaded the tax by failing to report his income on his tax return for 2003 and 2004. At trial, the government presented its case in a manner entirely consistent with these critical temporal allegations and presented an overwhelming volume of evidence to establish his guilt on these bases. These consistencies prevent Scheuneman from succeeding on his variance claim.”
Affirmed.
11-1554 U.S. v. Scheuneman
Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Williams, J.