Operator of New Jersey Home Health Care Agency Sentenced to Prison for Not Paying Employment Taxes

A Manahawkin, New Jersey, business owner was sentenced to 12 months and one day in prison today for willfully failing to pay over employment taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Craig Carpenito for the District of New Jersey. Dale previously pleaded guilty to the charge in January 2019.

According to the information and other pleadings filed in the case, Richard Dale operated Advanced Pro Home Care Inc. (Home Care), a health care agency located in Brick, New Jersey.  As operator and payroll manager of Home Care, Dale was responsible for depositing and withdrawing money from Home Care’s business bank accounts, administering its accounts payable and receivable, and preparing payroll for its employees. Dale also was required to report and pay over employment taxes to the Internal Revenue Service (IRS). From 2012 through 2014, however, Dale did not pay to the IRS substantial employment taxes owed by Home Care, including employee federal income tax withholdings, Social Security taxes, and Medicare taxes, nor did he file the requisite employment tax forms. During this period Home Care amassed more than $500,000 in employment tax liabilities, but Dale only made a single payment of approximately $30,000.

In addition to the term of imprisonment, U.S. District Judge Peter G. Sheridan ordered defendant to serve three years of supervised release and to pay approximately $504,145 in restitution to the United States. 

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Carpenito thanked special agents of IRS-Criminal Investigation, who investigated the case, and Assistant U.S. Attorney Brian Lee Urbano and Trial Attorney Shawn Noud of the Tax Division, who prosecuted the case.