Trucking Company Owner Indicted For Failing To Pay FICA Taxes

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Trucking Company Owner Indicted For Failing To Pay FICA Taxes

The following press release was published by the U.S. Department of Justice, Office of the United States Attorneys on June 4, 2013. It is reproduced in full below.

MINNEAPOLIS-Earlier today in federal court in St. Paul, the owner of Dahl Trucking in Elmore, Minnesota, was indicted for avoiding payment of Federal Insurance Contribution Act (“FICA") taxes on the wages of his employees from 2007 through 2010. Marlin Dahl was specifically charged with 13 counts of failure to collect and pay over FICA taxes.

The indictment alleges that from Jan. 1, 2007, through March 31, 2010, Dahl executed a scheme to avoid paying FICA taxes to the Internal Revenue Service (“IRS"). As the owner of Dahl Trucking, Dahl had a duty to collect, account for, and pay over certain federal employment taxes, including both the employees’ and employer’s share of FICA taxes. Instead, he allegedly issued payroll checks that did not have any FICA withholdings deducted. Dahl also reportedly caused wages to be recorded in the company books at Dahl Trucking, also known as Elmore Truck and Trailer, as “road expense" reimbursements. In total, Dahl failed to pay to the IRS an estimated $168,219 in employees’ share of FICA tax.

If convicted, Dahl faces a potential maximum penalty of five years in prison on each count. Any sentence would be determined by a federal district court judge. This case is the result of an investigation by IRS-Criminal Investigation, the Minnesota Department of Employment and Economic Development, and the Minnesota Financial Crimes Task Force. It is being prosecuted by Assistant United States Attorney Jeffrey S. Paulsen.

The Financial Crimes Task Force was established pursuant to state law and is comprised of local, state, and federal law enforcement investigators dedicated to combating the growing problem of cross-jurisdictional financial crimes. The task force, overseen by an advisory board also created under state law, serves the entire District of Minnesota, presenting its cases to county or federal prosecutors, as appropriate.

An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial. Per U.S. Department of Justice policy, the U.S. Attorney’s Office is not allowed to provide the age and city of residence for defendants charged in criminal tax cases.

Source: U.S. Department of Justice, Office of the United States Attorneys

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