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In April 1993, Mr. Del Bosque became ill and was diagnosed
with cardiomyopathy. He was hospitalized in a coronary intensive
care unit for 9 days.
On June 23, 1993, a five-count criminal information was
filed in the U.S. District Court for the District of Minnesota
(the criminal tax proceeding) naming petitioners codefendants.
Counts I, II, and III charged Mr. Del Bosque with tax evasion for
1987, 1988, and 1989 in violation of section 7201. Counts IV and
V charged Mr. Jacobsen with tax evasion for 1987 and 1988 in
violation of section 7201.
Petitioners entered into plea agreements by which
they agreed to plead guilty to tax evasion in 1987 as set forth
in counts I and IV, and the Government agreed to move for
dismissal of counts II, III, and V. Mr. Del Bosque also entered
into a plea agreement in his drug case in which he agreed to
plead guilty to conspiring to import anabolic steroids.
In the criminal tax proceeding, Mr. Del Bosque acknowledged
that his steroid arrest and his illness were contributing factors
in his decision to plead guilty to the tax evasion charge and
that his medical condition was such that he could not withstand a
trial.
Mr. Del Bosque’s plea agreement set forth the factual basis
upon which the agreement was reached. The agreement stated that
(1) from January 1, 1987, through December 31, 1989, Mr. Del
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