New York Man Pleads Guilty to Employment Tax Crimes

A New York man pleaded guilty to employment tax crimes for not collecting and paying over employment taxes from the wages of his company's employees.

According to court documents and statements made in court, Victor Aguayo, of Nassau County, was owner and president of Mabel Interior Design Inc., an interior painting business in Westbury, New York. Aguayo was responsible for withholding Social Security, Medicare and federal income taxes from his employees' wages, reporting those wages and withholdings to the IRS quarterly and paying those withheld taxes to the IRS quarterly as well.

Instead, Aguayo paid his employees approximately $3.6 million in cash wages but did not withhold or pay taxes from those wages. In addition, he caused false quarterly tax returns to be filed that did not report those cash wages. As a result, Aguayo caused a tax loss to the IRS of $545,743.

Aguayo is scheduled to be sentenced on April 21, 2025. He faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department's Tax Division made the announcement.

IRS Criminal Investigation is investigating the case.

Assistant Chief Sarah Ranney and Trial Attorney Joseph D. G. Castro of the Tax Division are prosecuting the case.