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William J. Ihlenfeld, II

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

April 10, 2012

Wheeling Resident Sentenced on Tax Charge

WHEELING, WEST VIRGINIA — The owner of a local roofing company was sentenced in federal court last week for the filing a false tax return. MARK MATTUCCI, 47 years old of Wheeling, was sentenced on April 4, 2012, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr. for Filing a False 941 Tax Return.

According to United States Attorney William J. Ihlenfeld, II, MATTUCCI paid the employees of his roofing company in cash and underpaid his taxes and worker’s compensation insurance premiums. MATTUCCI misrepresented these cash payments when he filed his 941 returns which led to the criminal charge being filed.

MATTUCCI made full restitution to the Internal Revenue Service in the amount of $188,449.77 and restitution of $54,522.60 to the State of West Virginia and to BrickStreet Mutual Insurance Company for past due workers’ compensation premiums. Penalties and interest are still being calculated by the I.R.S. and will be handled in a separate civil proceeding. In addition to making restitution, MATTUCCI must serve two years of federal probation as part of his sentence.

Federal law requires employers to withhold taxes from employees' paychecks. Each time wages are paid, employers must withhold — or take out of employees' paychecks — certain amounts for federal income tax, social security tax, and Medicare tax. Under the withholding system, taxes withheld from employees are credited to employees in payment of their tax liabilities. Federal law also requires employers to pay any liability for the employer's portion of social security and Medicare taxes. This portion of social security and Medicare taxes is not withheld from employees. Employers who withhold income taxes from wages or who must pay social security or Medicare tax, use Form 941 to report those taxes
This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the Internal Revenue Service-Criminal Investigations and the West Virginia State Insurance Commission.

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