Amy Cornell, Public Information Officer   CONTACT PERSON:
Amy Cornell, Public Information Officer
(408) 792-2997   For release on October 21, 2009   ACCOUNTS RECEIVABLE CLERK CHARGED WITH EMBEZZLING OVER $1.3 MILLION FROM EMPLOYER   Following an investigation by the San Jose Police Department and the California Franchise Tax Board, the Santa Clara County District Attorney’s Office has issued a criminal complaint charging Desiree and Ruben Herrera of San Jose with 14 counts of Grand Theft, Money Laundering, and filing False Income Tax Returns.   Between 2002 and 2009, Desiree Herrera worked as the Accounts Receivable Clerk for County Building Materials, dba Payless Hardware and Rockery in San Jose.  It is alleged that during that period, she embezzled over $1.3 million in cash receipts from the business.  She and her husband, Ruben Herrera, are then alleged to have laundered part of the stolen money through a bank account.   In addition, it is alleged that Desiree and Ruben Herrera failed to report the income they earned from embezzlement on their jointly filed 2006 -2008 state income tax returns. All income is taxable, including income from illegal sources.  It is estimated that the Herreras owe the Franchise Tax Board more than $182,600 in unpaid tax, penalties and interest.  Underreporting income and overstating deductions are part of the $6.5 billion tax gap California faces each year, defined as the difference between the tax that is owed and the tax that is paid.   Anyone with information about this crime is asked to call Sergeant Dean Ackemann of the San Jose Police Department at (408) 277-4521.   ###  

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