A New York man pleaded guilty today to failing to collect and pay over employment taxes from wages of his company’s employees.

According to court documents and statements made in court, between 2015 and 2021, Nicholas Arcuri, of Staten Island — owner and president of Capri Upholstery Custom Furnishing LLC — paid approximately $2.6 million in off-the-books cash payroll to employees, from which he did not withhold from his employees’ wages any Social Security, Medicare or income taxes or pay over those taxes to the IRS. Arcuri concealed the cash payroll from his return preparer, knowing that he was required to pay taxes. 

In total, Arcuri caused a tax loss to the IRS of $486,753.

Arcuri is scheduled to be sentenced on Jan. 23, 2025. He faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Richard J. Kelley and Jeffrey A. McLellan of the Tax Division are prosecuting the case.