Chief US District Judge James K. Bredar sentenced Harshe Shende, age 57, of Hanover, Maryland, to 15 months in federal prison, followed by two years of supervised release, for willful failure to pay over employment taxes. Chief Judge Bredar also found that Shende failed to pay to the IRS a total of $1,690,000 in federal employment and employer taxes and ordered Shende to pay restitution in that amount to the IRS. According to his guilty plea, Shende was the sole owner and resident agent of Progressive Rehab Services, LLC, which employed physical and occupational therapists who went to nursing homes to render services to patients. Shende was the sole signatory on two bank accounts he opened for the corporation at separate banks in 2008 and 2013, respectively. Shende accrued large liabilities for Progressive Rehab by filing forms with the IRS which showed the amount of income tax withholding he collected from Progressive Rehab’s employees and their Medicare and Social Security withholding (collectively employment taxes) but by failing to pay the employment taxes to IRS. Shende also failed to pay the employers’ portion of employment taxes to the IRS. The IRS pursued collection activities against Progressive Rehab.
As detailed in his plea agreement, on March 16, 2006, Shende and his then wife incorporated Progressive Health Group, Inc., (“Progressive Health”) in Maryland, with the stated purpose to provide rehab to nursing homes, hospitals, assistive living and home health. Shende was listed as Executive Director on two bank accounts he opened for the corporation at separate banks in 2008 and 2012, respectively. Shende listed the same address in Columbia, Maryland, for Progressive Health as he did for Progressive Rehab. Shende admitted that he caused Progressive Rehab’s employees to perform the same work but billed for their work using the name Progressive Health and paid their salaries using Progressive Health’s bank account. Progressive Health withheld payroll taxes from its employees’ paychecks, including federal income taxes, Medicare and social security (“FICA”) taxes. As he did with Progressive Rehab, Shende filed forms with the IRS for Progressive Health showing the amount of employment taxes withheld. However, as he did with Progressive Rehab, Shende willfully chose not to pay the taxes withheld from Progressive Health’s employees’ wages to the IRS, nor did he pay the employer’s portion of the employment taxes.
