Fresno business owner indicted on additional tax evasion and Social Security charges | USAO-EDCA

A federal grand jury returned a four-count indictment Thursday against Marcus Asay, 66, of Fresno, accusing him of making false tax returns and concealing a matter for the purpose of fraudulently obtaining Social Security disability benefits, U.S. Attorney Phillip A. Talbert said. .

According to court documents, from 2016 to 2018, Asay reported very little taxable income despite knowing his taxable income was over $50,000. As president of the American Labor Alliance (ALA), Asay charged the organization hundreds of thousands of dollars in personal expenses, including more than $50,000 for dating and escort sites and $120,000 $ rent for Asay’s personal residences.

Asay also received Social Security disability benefits beginning in 2010. Benefits are available to people who cannot perform full-time work due to an eligible disability. Around 2015, Asay began working full time as President of ALA. From 2016 to 2019, Asay worked full time and was ineligible to collect benefits, but he hid this fact from the Social Security Administration. Meanwhile, the Social Security Administration paid Asay and a dependent more than $90,000.

This case is the result of an investigation by the IRS Criminal Investigation, the Social Security Administration Office of the Inspector General, the US Department of Labor and the Federal Bureau of Investigation. Assistant U.S. Attorneys Michael G. Tierney, Stephanie M. Stokman, and Alexander M. Dempsey are prosecuting the case.

If convicted of filing a false tax return, Asay faces a maximum legal sentence of three years in prison and a fine of up to $100,000 on each count. If convicted of concealing and failing to disclose a matter related to Social Security benefits, Asay faces a maximum legal sentence of five years in prison and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after considering all applicable statutory factors and the Federal Sentencing Guidelines, which consider a number of variables. Accusations are only allegations; the accused is presumed innocent until proven guilty and unless proven beyond a reasonable doubt.

Asay is also charged with fraud and money laundering offenses in a separate case, United States v. Agricultural Contract Services Association et al., 1:19-cr-003-DAD. This case is due for trial in November 2022. According to court documents, between March 2016 and March 2017, ALA, Asay, and Antonio Gastelum, of Fresno, implemented a program to provide workers’ compensation coverage to customers and have issued liability certificates. to customers who understood the names of insurers and fake policy numbers. The ALA reportedly collected at least $2.8 million in workers’ compensation premiums. If convicted, the defendants face a maximum sentence of 20 years in prison and a fine of up to $250,000. Accusations are only allegations; defendants are presumed innocent until and unless their guilt is proven beyond a reasonable doubt.

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