Drasco Man Indicted for Failing to Pay Over Employment Tax

LITTLE ROCK—Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Tamera Cantu, Special Agent in Charge of the IRS-Criminal Investigation Dallas Field Office, announced today the indictment of Chris Michael Guidry, 44, of Drasco, for allegedly failing to pay over employment tax.

Guidry appeared today before United States Magistrate Judge Jerome T. Kearney, and was released on bond. Trial is set for May 13, 2019.

Guidry was the sole member and owner of Top Drive Solutions, LLC, and the sole officer of TDS Corp., which were oil and gas consulting businesses. Guidry exercised control over every aspect of Top Drive Solutions’ and TDS Corp’s business affairs and had the responsibility to collect, truthfully account for, and pay over their payroll taxes to the Internal Revenue Service.

Guidry was required to withhold from the wages of his employees the employees’ share of FICA taxes and income taxes, to account for the taxes, and to pay the withheld amounts over to the United States.

The indictment, which was returned by a grand jury on April 3, 2019, charges Guidry with 11 felony counts of willful failure to pay over tax. According to the indictment, throughout the calendar years 2012, 2013, 2014, 2015, and 2016, Top Drive Solutions and TDS Corp. withheld taxes from its employees’ paychecks, including federal income taxes, Medicare, and Social Security taxes, but failed to pay those withheld taxes to the IRS.

It is alleged that Guidry then caused Top Drive Solutions and TDS Corp. to make thousands of dollars of expenditures for his own personal benefit while, at the same time, failing to pay over to the IRS at least $663,872.41 in payroll taxes withheld from his employees’ paychecks.

The investigation was conducted by IRS Criminal Investigation. This case is being prosecuted by Assistant United States Attorney Chris Givens from the Eastern District of Arkansas.

An indictment only contains allegations. A defendant is presumed innocent unless and until proven guilty.

This news release, as well as additional information about the office of the United States Attorney for the Eastern District of Arkansas, is available on-line at

https://www.justice.gov/usao-edar

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