New York man sentenced for failing to pay federal payroll taxes

 

Date: Feb. 9, 2024

Contact: newsroom@ci.irs.gov

RAPID CITY — United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Nanuet, New York, man convicted of Failure to Withhold, Properly Account For, and Pay Over Tax. The sentencing took place on Feb. 7, 2024.

Asher Wagh was sentenced to 14 months in federal prison, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $273,766.98 in restitution to the Internal Revenue Service.

Wagh was indicted on ten counts of Failure to Withhold, Properly Account For, and Pay Over Tax by a federal grand jury in February of 2021. He pleaded guilty on Oct. 16, 2023.

Between 2015 and 2017, Wagh was a co-owner and the sole manager of Captech International LLC, an ammunition component manufacturing company located in Rapid City, South Dakota. As the sole manager, Wagh was responsible for withholding, accounting for, and paying over federal payroll taxes, including federal income tax, Social Security, and Medicare taxes. Between 2015 and 2017, Wagh withheld the payroll taxes from employees’ paychecks and then willingly failed to pay over the taxes to the Internal Revenue Service. Thereafter, Wagh used at least a portion of the withholdings for his own personal use. In total, Wagh failed to pay over to the IRS more than $273,000.00.

This case was investigated by the Internal Revenue Service Criminal Investigation (CI). Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

Wagh was immediately remanded to the custody of the U.S. Marshals Service. 

CI is the criminal investigative arm of the IRS, responsible for conducting financial crime investigations, including tax fraud, narcotics trafficking, money-laundering, public corruption, healthcare fraud, identity theft and more. CI special agents are the only federal law enforcement agents with investigative jurisdiction over violations of the Internal Revenue Code, obtaining a more than a 90 percent federal conviction rate. The agency has 20 field offices located across the U.S. and 12 attaché posts abroad.