ERIE — The federal tax evasion case against Smethport man Brian Gustafson, filed in 2020, remains ongoing in federal court in Erie, and his most recent attorney was just suspended from the practice of law.

Gustafson, 51, was charged by indictment in August 2020 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 on June 8, 2022.

The attorney who took over the case from there was James P. Miller, now of White Oak, who, in a ruling last week from the state Supreme Court Disciplinary Office, was suspended from practicing law for two years.

The last docket entry indicated a status conference was held by telephone on May 22 with Judge Susan Paradise Baxter, who ordered counsel to file a motion for extension of time to file pretrial motions, along with a motion to withdraw from counsel, by June 2.

There was nothing on the docket as of Friday to indicate what the next step would be regarding an attorney in the matter.

Under the law, the maximum penalties for the allegations against Gustafson include a total sentence of 11 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.