Payroll Services Company Owner Sentenced to Prison

A Florida man was sentenced today to 50 months in prison for not paying taxes withheld from his employees’ wages and filing a false tax return.

The following is according to court documents and statements made in court: Matthew Brown, of Palm Beach Gardens, Florida, owned and operated multiple businesses in and around Martin County, Florida. One of these businesses was a payroll services company known as Elite Payroll. Elite Payroll provided payroll services to small businesses in and around St. Lucie, Martin, and Palm Beach Counties. Elite Payroll was hired by its clients to collect and pay over the Social Security, Medicare, and federal income taxes withheld from clients’ employees’ wages and to pay over those funds to the IRS each quarter. The timely payment of these taxes is critical to the functioning of the U.S. government, including because they are the primary source of funding for Social Security and Medicare. The federal income taxes that are withheld from employees’ wages also account for a significant portion of all federal income taxes collected each year.

Between 2014 and 2022, Brown did not pay over $20,000,000 in taxes withheld from the wages of employees of clients of Elite Payroll and from other businesses he controlled and instead enriched himself. To effectuate his scheme, Brown charged his clients the full amount of their tax liabilities but then filed false employment tax returns with the IRS that substantially underreported their liabilities, and pocketing the difference. For example, for one quarter in 2021, a client owed approximately $219,000 in taxes. Elite Payroll collected that amount from the client but filed a false tax return with the IRS claiming that the client only owed approximately $32,000, which Elite paid. Brown then kept the remaining approximately $190,000.

Instead of paying over the funds, Brown purchased commercial and residential real estate, including his multimillion-dollar home, a Valhalla 55 Sport Yacht, a Falcon 50 Aircraft, and a large collection of cars including Porsches, Rolls Royces, and 27 Ferraris.

In addition to his prison sentence, U.S. District Judge Aileen M. Cannon for the Southern District of Florida ordered Brown to serve two years of supervised release and to pay $22,401,585 in restitution, and a $200,000 fine to the United States.

Acting Deputy Assistant Attorney Karen E. Kelly of the Justice Department’s Tax Division and U.S. Attorney Hayden O’Bryne of the Southern District of Florida made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorney Andrew Ascencio of the Tax Division and Assistant U.S. Attorney Michael Porter for the Southern District of Florida prosecuted the case.