Four Honduran Nationals Indicted in Florida for Years-Long Off-the-Books Payroll Scheme

Last week, a federal grand jury in Orlando, Florida, returned an indictment charging four Honduran nationals with operating an illegal, off-the-books cash payroll system for construction workers to avoid paying employment taxes to the IRS and to defraud workers’ compensation insurance companies. Through the scheme, the conspirators facilitated the employment of undocumented aliens working illegally in the United States.

The defendants, Iris Villafranca, Mario Flores, Osman Zapata, and Cristofer Oseguera Giron, were charged with conspiracy to operate an unlicensed money transmitting business and conspiracy to defraud the United States. Villafranca was additionally charged with conspiracy to commit wire fraud and with filing false tax returns.

The following is according to the indictment: from 2015 to 2022, the defendants used a series of shell companies to run an unlicensed check cashing and cash courier service business that cashed approximately $89 million in checks from subcontractors in the construction industry. The subcontractors allegedly paid their workers using the cash. As a fee for their services, the defendants allegedly charged a percentage of the dollar amount of the checks they cashed. This scheme allegedly allowed construction contractors and subcontractors to pay their workers in cash without regard to required payroll taxes or whether the workers were legally authorized to work in the United States. Indeed, according to the indictment, the defendants caused the filing of false tax documents with the IRS to conceal the off-the-books payroll scheme and made only minimal employment tax deposits. As another aspect of the scheme, the defendants allegedly defrauded workers’ compensation insurance companies by leasing their certificates of insurance to contractors, and by providing false and fraudulent information to the insurers about, among other things, the number of workers covered by the insurance and the amount workers were paid.

The indictment also alleges that Villafranca filed false individual income tax returns for 2019 through 2022 that did not report all the income she earned from the scheme and also did not report rental income she earned from her real estate.

If convicted, Villafranca faces a maximum penalty of five years in prison for conspiracy to operate an unlicensed money transmitting business, a maximum penalty of 20 years in prison for conspiracy to commit wire fraud, and a maximum penalty of five years in prison for conspiracy to commit tax fraud. She additionally faces a maximum penalty of three years in prison for each count of filing false tax returns.

If convicted, Flores, Zapata, and Giron face a maximum penalty of five years in prison for conspiracy to operate an unlicensed money transmitting business, and a maximum penalty of five years in prison for conspiracy to commit tax fraud.

A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and U.S. Attorney Gregory W. Kehoe for the Middle District of Florida made the announcement.

IRS Criminal Investigation is investigating the case. Homeland Security Investigations assisted during the investigation.

Senior Litigation Counsel Sean Beaty and Trial Attorneys Kavitha Bondada and Rebecca A. Caruso of the Tax Division, and Assistant U.S. Attorney Amanda Daniels for the Middle District of Florida are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.