Ocean County asphalt company owner sentenced to prison on employment tax charges


Date: June 3, 2021

Contact: newsroom@ci.irs.gov

Trenton, NJ  — The owner and operator of an asphalt and concrete maintenance company was sentenced today to one year and one day in prison on employment tax charges.

Donato DiPasquale, a resident of Brick, New Jersey, was sentenced in Trenton federal court before U. S. District Judge Peter G. Sheridan. DiPasquale was also ordered to serve three years on supervised release and pay restitution in the amount of $435,270.58 minus $307,404.79 which he has already paid.

"Investigating and prosecuting business owners who intentionally fail to pay their employment tax obligations is a priority for IRS-Criminal Investigation," stated Michael Montanez, Special Agent in Charge, IRS-Criminal Investigation, Newark Field Office. "Today's sentencing is a reflection of just how serious the courts view these crimes and Mr. DiPasquale is now a convicted felon with a prison term to serve."

According to court documents and statements made in court:

DiPasquale owned and operated Stars-N-Stripes Asphalt Maintenance, located in Brick, N.J. As the owner and operator of Stars-N-Stripes, DiPasquale was responsible for collecting, accounting for and paying over payroll taxes for his employees. DiPasquale was also responsible for filing with the IRS Form 941, Employer's Quarterly Federal Tax Returns, reflecting the employment taxes that the business had withheld and paid to the Internal Revenue Service each quarter.

DiPasquale admitted that for the third quarter of 2015, he failed to file a Form 941. DiPasquale admitted he paid seven of his employees $112,446.51 in wages for work they performed on behalf of Stars-N-Stripes during the third quarter of 2015. In doing so, DiPasquale failed to pay over $26,633.36 in payroll taxes on behalf of his employees.

In total, for tax years 2010 through 2015, DiPasquale failed to pay over approximately $435,270.58 in employment taxes.

The investigation was conducted by IRS-Criminal Investigation, Newark Field Office, under the direction of Special Agent in Charge Michael Montanez and the U.S. Attorney's Office, under the direction of Acting U.S. Attorney Rachel A. Honig.

The Government is represented by Assistant U.S. Attorney R. Joseph Gribko.