Pair Of Charlotte Businessmen Convicted Failing To Account For And Pay Over Trust Fund Taxes Are Sentenced

Source: Office of United States Attorneys

CHARLOTTE, N.C. – A pair of Charlotte businessmen were sentenced today in federal court for failing to account for and pay over to the Internal Revenue Service (IRS) more than $150,000 in trust fund taxes over five quarters in 2016 and 2017, announced Lawrence J. Cameron, Acting U.S. Attorney for the Western District of North Carolina.

Donald “Trey” Eakins, Special Agent in Charge of the IRS, Criminal Investigation (IRS-CI), Charlotte Field Office, joins Acting U.S. Attorney Cameron in making todays’ announcement.

Richard Brasser, 58, and Gregory Gentner, 54, were sentenced to 12 months and 1 day in prison, respectively, followed by a one-year term of supervised release. In March 2024, a federal jury found Brasser and Gentner guilty of multiple counts of failing to account for and pay over trust funds taxes.

According to today’s sentencing hearing, evidence presented at trial, and other court documents, rFactr was a company with offices in Charlotte, that sold software that leveraged social media for sales platforms. Brasser was rFactr’s Chief Executive Officer and Gentner the Chief Operating Officer. Trial evidence established that from 2015 through 2017, Brasser and Gentner caused rFactr to collect more than $600,000 in trust fund taxes from the wages of its employees but did not account for the taxes by filing Forms 941 with the IRS. Moreover, the defendants did not pay over the withheld taxes to the IRS in a timely manner.

According to trial evidence, Brasser and Gentner had a history of noncompliance with rFactr’s employment tax obligations. Specifically, between 2013 and 2017, Brasser and Gentner failed to comply with rFactr’s employment tax obligations by failing to timely file rFactr’s employment tax returns and failing to timely pay over to the IRS rFactr’s employment taxes. In total, between 2015 and 2017, Brasser and Gentner caused rFactr to owe more than $1.1 million in employment taxes.

In making today’s announcement, Acting U.S. Attorney Cameron commended IRS-Criminal Investigation for their investigation of the case.

Assistant U.S. Attorney Caryn Finley and Special Assistant U.S. Attorney Eric Frick of the U.S. Attorney’s Office in Charlotte prosecuted the case.

Pair Of Charlotte Businessmen Convicted Failing To Account For And Pay Over Trust Fund Taxes Are Sentenced

Source: Office of United States Attorneys

CHARLOTTE, N.C. – A pair of Charlotte businessmen were sentenced today in federal court for failing to account for and pay over to the Internal Revenue Service (IRS) more than $150,000 in trust fund taxes over five quarters in 2016 and 2017, announced Lawrence J. Cameron, Acting U.S. Attorney for the Western District of North Carolina.

Donald “Trey” Eakins, Special Agent in Charge of the IRS, Criminal Investigation (IRS-CI), Charlotte Field Office, joins Acting U.S. Attorney Cameron in making todays’ announcement.

Richard Brasser, 58, and Gregory Gentner, 54, were sentenced to 12 months and 1 day in prison, respectively, followed by a one-year term of supervised release. In March 2024, a federal jury found Brasser and Gentner guilty of multiple counts of failing to account for and pay over trust funds taxes.

According to today’s sentencing hearing, evidence presented at trial, and other court documents, rFactr was a company with offices in Charlotte, that sold software that leveraged social media for sales platforms. Brasser was rFactr’s Chief Executive Officer and Gentner the Chief Operating Officer. Trial evidence established that from 2015 through 2017, Brasser and Gentner caused rFactr to collect more than $600,000 in trust fund taxes from the wages of its employees but did not account for the taxes by filing Forms 941 with the IRS. Moreover, the defendants did not pay over the withheld taxes to the IRS in a timely manner.

According to trial evidence, Brasser and Gentner had a history of noncompliance with rFactr’s employment tax obligations. Specifically, between 2013 and 2017, Brasser and Gentner failed to comply with rFactr’s employment tax obligations by failing to timely file rFactr’s employment tax returns and failing to timely pay over to the IRS rFactr’s employment taxes. In total, between 2015 and 2017, Brasser and Gentner caused rFactr to owe more than $1.1 million in employment taxes.

In making today’s announcement, Acting U.S. Attorney Cameron commended IRS-Criminal Investigation for their investigation of the case.

Assistant U.S. Attorney Caryn Finley and Special Assistant U.S. Attorney Eric Frick of the U.S. Attorney’s Office in Charlotte prosecuted the case.