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Press Release

San Antonio Doctor Found Guilty of Failure to Pay Withholding Taxes and Tax Evasion

For Immediate Release
U.S. Attorney's Office, Western District of Texas

Fifty-nine-year old Anthony P. Sertich, Jr., faces up to 55-years in federal prison after a jury in San Antonio convicted him today of ten counts of failure to truthfully account for and pay withholding taxes and one count of tax evasion, announced United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.

According to court documents, Sertich was a medical doctor who was the Member, Director and President of Advanced Artistic Facial Plastic Surgery of Texas, PA (hereinafter AAFPST) and South Texas Otorhinolaryngology, PA (hereinafter STO).  During the calendar years 2008 through 2010, Sertich failed to pay over $226,000.78 to the Internal Revenue Service in payroll taxes withheld from AAFPST’s employees’ paychecks. 

In addition, Sertich was found guilty of tax evasion.  Between 2002 and 2010, Sertich accrued $2,927,366.45 in unpaid payroll taxes penalties and interest for AAFPST and STO.  Sertich evaded paying the taxes by withholding and keeping money, which should have been paid to the IRS, and by repeatedly filing bankruptcy to take unfair advantage of the automatic stay of creditors.

Instead of paying the payroll taxes, Sertich paid himself millions of dollars in salary, which in turn paid for personal expenses such as a large mortgage and interest payments, real estate tax payments and alimony payments.  Sertich also filed four personal and one corporate bankruptcy petitions, all but one of which was subsequently dismissed by the court.

“Dr. Anthony P. Sertich, Jr., deliberately evaded paying federal payroll taxes for over eight years, cheating the tax system and ultimately, all other taxpayers.  He withheld money from his employees’ pay, which he applied to his own use, and abused the bankruptcy process to defeat possible collection efforts.  Today’s verdict holds him accountable for his criminal conduct,” said U.S. Attorney Durbin.  

 “The jury’s guilty verdict of Dr. Anthony P. Sertich Jr. represents IRS Criminal Investigation's continued commitment to identifying and prosecuting those individuals who evade the tax laws,” said Special Agent in Charge William Cotter of the Internal Revenue Service - Criminal Investigation, San Antonio.  “The tax law is very clear – every employer is responsible for withholding employment taxes from the salaries of their employees. Those employers who do not withhold employment taxes are breaking the law.”

Sertich remains on bond pending sentencing set for May 23, 2016.

This case was investigated by special agents with the Internal Revenue Service-Criminal Investigation.  Assistant United States Attorney William R. Harris prosecuted this case on behalf of the Government.


Updated March 1, 2016