ROCHESTER, NY — U.S. Attorney James P. Kennedy, Jr. announced today that Robert Fitzgerald of Rochester, NY, who was convicted of failing to collect and pay over payroll taxes to the Internal Revenue Service, was sentenced to serve one year probation and ordered to pay $122,207.16 in restitution to the IRS by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant was the principal corporate officer of Fitzgerald Coaching Inc., a Western New York real estate listings referral company. Fitzgerald was required to collect and pay over Social Security and Medicare taxes to the Internal Revenue Service on behalf of the company. During the years 2010 through 2017, Fitzgerald Coaching Inc. failed to report wages that were subject to Social Security and Medicare taxes totaling $55,487.65. The employer portion of the Social Security and Medicare taxes not paid to the IRS was $66,720.11. The total due to the IRS for both employee and employer Social Security and Medicare taxes is $122,207.16.

The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.