PHOENIX (LAWFUEL) – Carlin Grant Bartschi, M.D., 60, of Gilbert, Ariz., was found guilty by a federal jury on June 24, 2008, of 18 felony counts relating to Attempted Evasion of Assessment and Payment of Tax, Submission of Fictitious Obligations, and Mail Fraud. After the verdicts, Bartschi was permitted to remain on pretrial release pending sentencing on September 8, 2008, at 11:30 a.m. by U.S. District Court Judge Roslyn O. Silver. Bartschi also continues to work as an emergency room physician in Globe, Ariz.
The evidence during the 4-day trial showed that Bartschi attempted to evade the assessment and calculation of federal income tax owed by him and his wife for tax years 1999 through 2002. He also attempted to evade the payment of federal income tax, interest and penalties for tax years 1993, 1995 through 1997, and 2000 through 2003. In addition, the evidence showed that Bartschi had created and presented five different fictitious financial obligations for payment of federal tax assessments. The fictitious obligations were prepared to appear as if they were drawn upon a nonexistent account at the U.S. Department of Treasury. In submitting the fictitious obligations to the IRS and the District Court, Bartschi was found to have used the U.S. Mail in attempting to execute a scheme to defraud.
Each conviction for Attempted Evasion of Assessment and Payment of Tax carries a maximum penalty of five years in federal prison, a $100,000 fine or both. Each conviction for Submission of a Fictitious Obligation carries a maximum penalty of 25 years in prison and each conviction for Mail Fraud carries a maximum penalty of 20 years in prison. These offenses also carry maximum fines of $250,000 for each count. In determining an actual sentence, Judge Silver will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
The investigation leading to the guilty verdict was conducted by Internal Revenue Service – Criminal Investigation. The prosecution was handled by Peter Sexton and Frederick A. Battista, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-06-349-PHX-ROS
RELEASE NUMBER: 2008-169(Bartschi)