Hubert B. Aguirre Sr., 57, of Parker, pled guilty on Nov. 29 to making a false statement under oath in relation to a bankruptcy case, U.S. Attorney John F. Walsh, IRS Criminal Investigation Special Agent in Charge Sean P. Sowards, and Social Security Administration Office of the Inspector General Special Agent in Charge Wilbert M. Craig announced.
Aguirre Sr. entered his guilty plea before Chief U.S. District Court Judge Wiley Y. Daniel. The defendant is scheduled to be sentenced by Chief Judge Daniel on March 26, 2012 at 1:30 p.m. The Chief Judge deferred acceptance of the plea agreement until the sentencing hearing.
Aguirre Sr. was charged by information on Oct. 4. Aguirre Sr.’s son, Hubert B. Aguirre, Jr. was charged by Information on April 14 for similar charges in making a false statement under oath in relation to bankruptcy case. Aguirre, Jr. pled guilty on Aug. 24 and was sentenced on Nov. 23 to serve 5 years probation by U.S. District Court Judge John L. Kane.
According to the stipulated facts contained in the plea agreements, in 1993, Hubert B. Aguirre, Sr., applied for and was awarded Supplemental Security Income benefits from the Social Security Administration based on a diagnosis of affective and mood disorders. Eligibility for SSI benefits is determined in part by the recipient’s financial resources. When Aguirre first applied for SSI benefits, he lived in a mobile home located in Walsenburg, Colorado, and was not employed or otherwise receiving income.
By October 2005, Aguirre Sr. was concealing from the SSA the fact that he had moved from the mobile home in Walsenburg to a house purchased for him by his son and located in Parker. Aguirre Sr. also concealed from the SSA the fact that his son was paying him or giving him access to additional money and benefits in return for assistance Aguirre Sr. was providing at his son’s business, H & H Trees and Landscaping, a nursery and landscaping business in Parker.
Aguirre Sr. sometimes received cash from his son (Aguirre Jr.), received the use of a vehicle, and also had and exercised signatory authority over multiple bank accounts in the business’s name. These facts, had they been known, would have prevented Aguirre, Sr. from retaining his eligibility to receive SSI benefits. Aguirre knew that he was required to report changes in his financial status to the SSA but he did not.
During the course of two different bankruptcy proceedings filed in the District of Colorado, Aguirre Sr. repeatedly made false statements in pleadings and while testifying under oath about his residence and his receipt of money from H & H Trees and Landscaping. In particular, on June 25, 2007, while testifying under oath at a Section 341 meeting of creditors, Aguirre Sr. falsely testified, “I live at 3157 Highway 10, Walsenburg, Colorado.” Also, in response to the question, “Have you ever been paid any money by H & H Trees?,” Aguirre falsely answered, “Nope.” These answers were materially false because they helped to disguise income and assets relevant to the bankruptcy court’s determination of the status of assets, both in Aguirre’s and in his son’s pending bankruptcy proceedings.
On May 9, 2006, Aguirre Jr. was questioned under oath during a 2004 examination and falsely testified, “My father, he would be at the business to visit me, to — to advise me, but he never worked for H & H.” This answer was materially false because it helped disguise his father’s receipt of income related to his work at H & H.
Aguirre Sr. faces not more than 5 years imprisonment, and up to a $250,000 fine for making a false oath and account in relation to a bankruptcy case.
This case was investigated by IRS Criminal Investigation and Social Security Administration Office of the Inspector General.
The case was prosecuted by Assistant U.S. Attorney Matthew Kirsch and Special Assistant U.S. Attorney Michele Kelley.