Couple sentenced for failure to pay withheld payroll taxes


Date: March 22, 2023


United States Attorney Steven Russell announced that William H. White and Sarah A. White, husband and wife, formerly of Roca, Nebraska, were sentenced on March 21, 2023, by the Senior United States District Judge John M. Gerrard for Failure to Pay Over Employment Tax that had been withheld from employees' paychecks. William White was sentenced to one year and one day imprisonment, to be followed by three years of supervised release. Sarah White was sentenced to three years of probation and a fine of $10,000. Each was ordered to pay $426,047.75 restitution but was credited for payments they had made previously totaling that same amount.

William and Sarah White owned two businesses that operated in tandem -- B&B Midwest Trucking (B&B) and 419, LLC (419). During portions of 2015 to 2018, B&B and 419 withheld federal income taxes and FICA taxes (Social Security and Medicare) from employees' paychecks but failed to account for those taxes on time and to pay them over to the Internal Revenue Service. The withheld employee payroll taxes totaled $144,220.31 for B&B, and $281,827.44 for 419. Each business had sufficient funds available to pay the payroll taxes when due. William and Sarah White were aware of the obligation to account for and pay the payroll taxes and were responsible to pay them, but instead used the funds withheld from employees' paychecks to pay other business creditors and to pay for personal expenses. The businesses had further failed to pay over the employer's share of payroll taxes to the IRS, but the Whites paid those amounts as well prior to sentencing.

"Business owners have a significant duty to collect and turn over all IRS withholding taxes," said Thomas F. Murdock, Special Agent in Charge, IRS Criminal Investigation, St. Louis Field Office. "Those who fail to do so gain an unfair competitive advantage. The failure to abide by IRS laws will not be tolerated, and those criminals will be prosecuted to the fullest extent of the law."

This case was investigated by the Internal Revenue Service.