Source: United States Attorneys General
A West Virginia man was sentenced yesterday to three years in prison for not paying the taxes withheld from employees’ wages at an ambulance service he operated and obstructing the IRS’ efforts to collect those taxes.
According to court documents and evidence presented in court, from 2012 through part of 2017, Christopher Jason Smyth operated Stat EMS LLC, an ambulance service located in Pineville. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.
At Stat EMS, Smyth was responsible for withholding Social Security, Medicare and income taxes from employees’ wages and paying them to the IRS. For years, however, Smyth did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.
Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those assessments from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.
Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.
IRS Criminal Investigation investigated the case.
Assistant Chief David Zisserson and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes for the Southern District of West Virginia, prosecuted the case.