Fremont Business Owner Pleads Guilty To Crimes In Scheme To Avoid Millions Of Dollars In Income Taxes

SAN JOSE –Roger Chi Quan, pleaded guilty to crimes related to a scheme to underreport his 2017 business income by over $4 million, announced United States Attorney Ismail J. Ramsey and Kareem Carter, Acting Special Agent in Charge of the IRS - Criminal Investigation Washington D.C. Field Office. The guilty plea was accepted by the Honorable Edward J. Davila, United States District Court.

Quan, 55, of Milpitas, Calif., owned and operated QXQ, Inc. (“QXQ”), a manufacturer of circuit board test fixtures based in Fremont, Calif. QXQ shipped its products to customers in the United States and Asia. According to his plea agreement, Quan admitted that since before 2014, QXQ maintained two sets of QuickBooks bookkeeping files. One set of books recorded sales to customers in the United States and all QXQ’s expenses. The second set of books recorded sales to customers in Asia. Quan directed QXQ’s customers in Asia to wire transfer their payments to QXQ’s bank accounts in New Zealand. Quan admitted that he retained an income tax preparer but provided the preparer only with the QuickBooks bookkeeping file that recorded QXQ’s sales to customers in the United States and all of its expenses. Further, Quan acknowledged he knowingly did not provide his income tax return preparer with, or disclose to the tax preparer the existence of, the bookkeeping file that recorded QXQ’s sales to customers in Asia or the statements from his and QXQ’s foreign bank accounts. Quan agreed his actions caused his 2017 federal income taxes to be underreported by $1,783,339. 

The plea agreement contains further details of the scheme. For example, Quan admitted that he had signature authority over at least eleven foreign bank accounts in 2017. One of these accounts held a balance of at least $12,137,288.50 on April 15, 2018. Quan admitted that he knowingly did not report the existence of these accounts as required. For example, Quan was required to report the existence of the accounts on FinCEN Form 114, Report of Foreign Bank and Financial Accounts. Quan also did not report the interest earned in foreign bank accounts to his tax return preparer.

On March 27, 2023, Quan was charged by felony information with one count each of willfully aiding and assisting in the preparation of a false tax return, in violation of 26 U.S.C. § 7206(2), and willfully violating foreign bank account reporting requirements, in violation of 31 U.S.C. §§ 5314 and 5322(a). Quan pleaded guilty to both counts.

Judge Davila scheduled Quan’s sentencing for September 25, 2023. The maximum penalty for willfully violating foreign bank account reporting requirements, in violation of Title 31 U.S.C. §§ 5314 and 5322(a), is five years in prison and a fine of $250,000. The maximum penalty for filing a false tax return, in violation of Title 26 U.S.C. § 7206(2), is three years in prison and a fine of $250,000. Quan agreed to pay $8,167,733 of restitution to the Internal Revenue Service for the tax years 2014 through 2018.

Assistant U.S. Attorney Colin Sampson is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service – Criminal Investigation International Tax and Financial Crimes (ITFC), a group dedicated to investigating international tax crimes.