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Colorado Man Sentenced for Failure to Pay Over $1.3 Million to the IRS and Theft from 401(k) Plan.

On April 4, 2012, in Denver, Colo., John C. Walshe was sentenced to 46 months in prison, three years of supervised release, and ordered to pay $1,330,333 in restitution to the Internal Revenue Service (IRS). Walshe was convicted by trial jury on November 14, 2011, for failure to pay taxes and theft from an employee benefit plan. According to court records, as well as evidence presented at trial, Walshe was the owner and principal officer of Finzer Business Systems of Colorado, Inc., dba Finzer Imaging Systems, located in Denver. Walshe was required to withhold from payroll checks issued to his employees federal income taxes on their taxable wages and salaries, Social Security taxes and Medicare taxes. Walshe and his company, Finzer, were required to pay the employer's matching portion of Social Security and Medicare taxes which he failed to pay to the IRS. During the period of quarters ending June 30, 2005, through December 31, 2007, Walshe deducted and collected from Finzer employees, federal income taxes, Social Security taxes, and Medicare taxes totaling over $900,000. However, Walshe willfully failed to pay the IRS the money due to the federal government. Furthermore, Walshe did unlawfully and willfully abstract and convert to his own use money in the approximate amount of $18,853 of Finzer Business Systems of Colorado, Inc. 401(k) Plan and a fund connected with such plan. Specifically, from June 15, 2006 through December 31, 2006, Walshe withheld money from employees' pay checks that the employees elected to be paid to their 401(k) plan; however, Walshe failed to pay this money over to the plan.