CODE OF VIRGINIA FRAUDULENT ASSISTANCE; PENALTY (§ 58.1-348.1) Any income tax return preparer, as defined in § 58.1-302, who knowingly and willfully aids or assists in, counsels or advises the preparation or presentation of a return, affidavit, claim or other document required by this chapter that he knows is fraudulent or false as to any material matter, is guilty of a Class 6 felony. HISTORY: 2005, c. 48.