California Man Pleads Guilty to Employment Tax Violations

A California man pleaded guilty today to failing to pay over employment taxes withheld from the wages of his company’s employees.

According to court documents and statements made in court, Shane Brightpath Mike owned and was the president and chief operating officer of Excel Behavioral Services Inc., a business located in Campbell, California, that provided home care to persons with disabilities. Mike was responsible for withholding Social Security, Medicare and income taxes from his employees’ wages and paying those funds to the IRS.

For the fourth quarter of 2014 through the third quarter of 2015, Mike did not pay any of the withheld taxes to the IRS. And for the third quarter of 2014, Mike only paid part of the funds withheld. In total, Mike did not pay more than $1 million in taxes to the IRS during these five quarters. During the same time, Mike used Excel’s funds to pay his personal expenses.

Mike also filed false personal income tax returns for tax years 2014 and 2015. On those returns, Mike falsely claimed credit for federal tax withholdings from wages he received from Excel, knowing that such had not been paid over to the IRS.

In total, Mike caused a tax loss to the IRS of $1,177,947.

Mike is scheduled to be sentenced on Sept. 24 and 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 and U.S. Attorney Ismail J. Ramsey for the Northern District of California made the announcement.

IRS Criminal Investigation is investigating the case.

Assistant Chief Matthew J. Kluge of the Justice Department’s Tax Division and Assistant U.S. Attorney Sarah E. Griswold for the Northern District of California are prosecuting the case.