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Internet Problem 20-1 (continued) of employment taxes from at least 36 PDS clients by falsely representing that he would pay the funds to the IRS on the companies’ behalf. Rather than remitting the employment taxes to the IRS, Richley used the money for other purposes, including buying multiple luxury vehicles, spending $360,000 in hotels and casinos in Las Vegas, and buying a residence in Lawrenceburg, Indiana. Richley also filed false employment tax returns on behalf of his clients, and false personal income tax returns, in an effort to conceal his embezzlement scheme.” d. In addition to the case involving Payroll Data Services Inc. noted in c above (in the 2009 report), one case in fiscal 2009 and one case in fiscal 2010 involved a payroll service or other benefits provider: Ex-Benefits Firm CFO Sentenced for Tax Fraud On September 9, 2009, in Raleigh, N.C., James McLamb was sentenced to 30 months in prison and ordered to pay nearly $8 million in restitution for tax fraud. McLamb, CFO for the Castleton Group, administered payroll and benefits for about 100 small and mid-size companies in North Carolina’s Triangle area. According to court documents, McLamb collected federal withholding taxes from employees of the Castleton's clients and then provided the IRS with phony information so Castleton could keep the money. North Carolina’s Department of Insurance determined the company never paid at least $8 million in payroll taxes from client companies to the IRS. Castleton shut down suddenly in December 2007 amid state and federal investigations into its finances. The closure left about 3,500 area employees, whose health benefits Castleton handled, without insurance coverage and left the companies that contracted with Castleton liable for the unpaid taxes. Owner of Defunct Payroll Services Company Sentenced for Embezzlement of $2.65 Million in FICA Taxes March 12, 2010, in Trenton, N.J., Joshua Schechter, owner of a defunct payroll services company in San Antonio, Texas, was sentenced to 30 months in prison for embezzling $2.65 million in FICA taxes that client companies owed to the Internal Revenue Service (IRS). Schechter pleaded guilty in October 2008, to a two-count Information charging him with filing false tax returns. Robert Stockton, Schechter’s business partner, was previously sentenced to 18 months in prison for his role. At his plea hearing, Stockton stated that in 1985 he established a business called The Business Office to provide payroll services to client businesses. In August 2003, Stockton reached an agreement to sell his business to Online Business Services (OBS) based in San Antonio, Texas. OBS was owned and operated by Joshua Schechter and was also in the payroll services business. According to court document, from 2003 through 2005, the two firms contracted with business clients to provide payrolls services. Schechter, along with Stockton and others, intentionally filed and cause to be filed numerous false IRS Form 941s which indicated that the victim clients were responsible for paying only a fraction of the tax actually due. Both defendants admitted that they did not forward to the IRS the actual amount of payroll tax for each victim and instead kept the money in OBS accounts to be used for illegal purposes. (Note: Internet problems address current issues using Internet sources. Because internet sites are subject to change, Internet problems and solutions may change. Current information on Internet problems is available at www.pearsonhighered.com/arens.)
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