The federal tax evasion case against Smethport man Brian Gustafson has been continued until March 4, and a new attorney is representing him.
The case was filed in 2020, charging Gustafson, 51, with tax evasion, filing a false income tax return and obstruction of IRS laws.
The indictment alleged Gustafson opened a bank account without disclosing it to the IRS or bankruptcy court, filed a false form to the IRS about his assets and financial conditions, lied to the IRS about his use of the hidden account and made “significant cash withdrawals” from the account.
Gustafson at one time was a member of Smethport Borough Council, a police officer within Smethport Borough, owner of the allegedly now defunct Priority Care Ambulance, and other businesses in the Smethport area.
There have been more than a dozen continuances throughout the course of the case. Gustafson was first represented by Erie attorney Philip Friedman, who was terminated as counsel June 8, 2022.
The attorney who took over the case from there was James P. Miller, now of White Oak, who has been suspended from practicing law for four years. Most recently, he is represented by attorney D. Robert Marion Jr., who had been a law clerk in McKean County before joining the Erie County District Attorney’s office. He also is an associate in the firm of Charlton Law in Butler County.
According to the most recent motion for extension of time, Gustafson’s counsel and the prosecution are involved in plea negotiations. The motion noted that the extension had been discussed with prosecutor Christian Trabold, who did not object.
Judge Susan Paradise Baxter granted the motion, saying the time is necessary to allow for effective preparation in the matter.