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Former Lawyer Sentenced on Tax Charges
Following a One-Week Trial, Kevin Witasick was Found Guilty in February 2009

U.S. Attorney’s Office May 18, 2010
  • Western District of Virginia (540) 857-2250

DANVILLE, VA—A former Arizona attorney and current Woolwich Township, New Jersey resident who was found guilty on a variety of tax charges in February 2009, was sentenced today in the United States District Court for the Western District of Virginia.

Kevin J. Witasick, 52, a former resident of Stanleytown, Virginia, was sentenced today to 15 months of federal incarceration and two years of supervised release thereafter. He was also ordered to co-operate with the Internal Revenue Service in paying back taxes, interest and penalties and will be required to pay for the cost of his prosecution, approximately $12,000.

Witasick and his wife, Whitney Scott Witasick, 45, were indicted in October 2007, and charged with a multitude of tax charges. Following a seven-day trial in February 2009, Kevin Witasick was found guilty of two counts of tax evasion, two counts of perjury on his tax returns and one count of failing to file taxes for fiscal year 2001. Whitney Witasick was acquitted of all charges leveled against her.

Witasick was indicted in 2007 and charged with lying on his tax returns regarding the use of the couple’s Stanleytown home, known as Stoneleigh. On his tax returns, Kevin Witasick had claimed that 100 percent of the 51-acre property was being used for his law practice. However, evidence and testimony presented at trial by Assistant United States Attorneys C. Patrick Hogeboom III and Charlene R. Day, proved that just 11 percent of the property was being used for business purposes.

In addition to filing false tax returns in 1999 and 2000 regarding the business use of Stoneleigh, it was established at trial that Kevin Witasick failed to file any tax returns at all for fiscal year 2001.

The investigation of the case was conducted by the Internal Revenue Service, the United States Postal Inspection Service and the Federal Bureau of Investigation. Assistant United States Attorneys C. Patrick Hogeboom III and Charlene R. Day prosecuted the case for the United States.

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