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Jose Santa Maria, Tax Evasion and Kickback Scheme, New Jersey 2023

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Defendant’s Tax Evasion and Kickback Scheme Uncovered

NEWARK, N.J. – A shocking case of tax evasion and kickback scheme has been uncovered in Passaic County, New Jersey. Jose Santa Maria, aka ‘Joe,’ a North Haledon, New Jersey resident, has been charged with five counts of tax evasion, one count of paying kickbacks related to an employee benefit plan, and one count of making false statements in relation to an employee benefit plan.

According to documents filed in this case and statements made in court, Santa Maria served as the plan administrator, through Company-1, for a health fund and a training fund related to a labor union. At the same time, Santa Maria was employed by Individual-1, who served as counsel for the two union funds. The president of Company-1 was related to Individual-1.

From 2013 through 2019, Santa Maria derived approximately $750,000 in income from Company-1, which was paid by the two union funds. He did not report any of the income to the IRS or pay the associated income taxes. Santa Maria also unlawfully paid at least $50,000 to Individual-1, through payments from Company-1 to Company-2, which was owned by Individual-1.

The counts of tax evasion each carry a maximum penalty of five years in prison and a $250,000 fine. The count of paying kickbacks related to an employee benefit plan carries a maximum penalty of three years in prison and a $250,000 fine. The count of making false statements related to an employee benefit plan carries a maximum penalty of five years imprisonment and a $250,000 fine.

Jose Santa Maria is scheduled to appear by videoconference this afternoon before U.S. Magistrate Judge James B. Clark III. The government is represented by Senior Litigation Counsel V. Grady O’Malley and Special Assistant U.S. Attorney Kendall Randolph of the U.S. Attorney’s Office’s Organized Crime and Gangs Unit in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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