Statistikhengst
Diamond Member
- Banned
- #1
Rep. Michael Grimm (R, NY-11)
https://s3.amazonaws.com/s3.documen...he-inidctment-against-congressman-michael.pdf
(is available for public download)
The charges:
During the period in which GRIMM oversaw Healthalicious' day-today
operations, in order to increase the profitability of the restaurant, he engaged in schemes to fraudulently under-report the wages he paid his workers - many of whom did not have legal status in the United States - and fraudulently under-report the true amount of money the restaurant earned to both federal and New York State tax and insurance authorities...
...Specifically, GRIMM paid a significant portion of Healthalicious'
employees' wages in cash and did not report those cash wages to federal and state
authorities, thereby lowering the restaurant's payroll tax costs. GRIMM also under-reported the true amount of Healthalicious' payroll to the New York State Insurance Fund ("NYSIF"), allowing him to receive lower monthly workers' compensation insurance premiums. In addition, GRIMM substantially under-reported the amount of gross receipts Healthalicious earned to both the federal and state governments, thereby dramatically lowering the federal and state taxes the restaurant owed and paid. In total, GRIMM concealed over $1,000,000 in Healthalicious gross receipts alone, as well as hundreds of thousands of dollars of employees' wages, fraudulently depriving the federal and New York State governments of sales, income and payroll taxes.
In an attempt to conceal his schemes, in January 2013, while a member
of Congress, GRIMM lied under oath during a civil deposition about his role in operating the restaurant, including falsely denying that he had paid Healthalicious' workers in cash...
...In or about and between 2007 and 2010, GRIMM paid a significant
portion of Healthalicious' employees' wages in cash, with nearly all such employees having received cash wages. Many received approximately half of their weekly pay in cash and the other half by check or through direct deposit into a bank account, while other employees received their entire weekly pay in cash. GRIMM maintained electronic spreadsheets detailing the true payroll information pertaining to Healthalicious, which included cash wages (the "Second Set of Payroll Records"). GRIMM concealed the Second Set of Payroll Records from the Payroll Processing Companies, among others. In addition, GRIMM physically handed out cash payments to his employees on numerous occasions. Those cash payments were taken from the daily cash receipts of Healthalicious.
In addition, GRIMM knowingly hired and knowingly continued to employ workers who did not have legal residency status and accordingly did not have valid authorization to work inside the United States.
As part of the fraudulent scheme, GRIMM and subordinates acting at his direction did not report the cash wages paid to Healthalicious' employees (the "Off the Books Wages") to the Payroll Processing Companies. Indeed, the Payroll Processing Companies had no record of those employees who received the entirety of their pay in cash. By under-reporting employee hours and concealing the existence of some employees - and by concealing the Second Set of Payroll Records - GRIMM caused the Payroll Processing Companies to calculate and then report less than half of the wages Healthalicious actually paid its employees...
...In January 2013, GRIMM was deposed in a federal lawsuit brought in the United States District Court for the Southern District of New York by two former Healthalicious employees who alleged that GRIMM did not pay them minimum wage or overtime pursuant to the federal Fair Labor Standards Act and the New York State Labor Laws, among other claims. In an attempt to avoid disclosing to the plaintiffs the criminal schemes he perpetrated while operating Healthalicious, GRIMM lied while under oath during the deposition in response to questions concerning his actions at Healthalicious, including: (a) whether he paid employees in cash; (b) whether he interacted with the Payroll Processing Companies; ( c) whether he corresponded through email regarding Healthalicious business; and ( d) whether he still had access to such an email account.
COUNT ONE
(Obstructing and Impeding the Due Administration of the Internal Revenue Laws)
...
COUNT TWO
(Conspiracy to Defraud the United States)
...
COUNTS THREE THROUGH FIVE
(Aiding and Assisting in the Preparation of False and Fraudulent Tax Returns)
...
COUNT SIX
(Health Care Fraud)
...
COUNTS SEVEN THROUGH ELEVEN
(Wire Fraud)
...
COUNTS TWELVE THROUGH FOURTEEN
(Mail Fraud -- Eastern District of New York)
...
COUNTS FIFTEEN AND SIXTEEN
(Mail Fraud -- Southern District of New York)
...
COUNT SEVENTEEN
(Perjury)
...
COUNT SEVENTEEN
(Perjury)
...
COUNT NINETEEN
(Obstruction of Official Proceeding)
...
COUNT TWENTY
(Unlawful Employment of Aliens)
That's a lot of counts and some heavy stuff.
I want to point out that this indictment has nothing to do with another indictment that will be coming down the pike, namely about illegal campaign funding activities.
So, he kept double books at his company, underreported income to the IRS and a number of places, which makes for fraud. And then there is email and mail fraud and illegally employing Aliens, obstruction of justice and a number of counts of perjury.
Now, Congressman Grimm might be saying that his is all a witchhunt, but the Indictment has TWENTY counts on it and I bet the feds have done their homework to make sure that it is airtight as it can be.
Even if he is found guilty of just 3-4 of these counts, Mr. Grimm is likely going to go to jail for having broken the law. It's that simple. But we need to wait until the trial is over with.
I thought that since people are talking about Grimm, we might as well get the facts out there. The dude cheated, he lied, he bilked the system and he used illegal aliens to get the work done.
If convicted, he's toast.