Jefferson County Business Owner Indicted for Felony Tax Fraud

Press Release

Barbara DeYear Charged with Failing to Pay Taxes Withheld from Employees' Paychecks

SYRACUSE, NEW YORK - Barbara DeYear, age 67, of Lorraine, New York, has been charged by indictment with 13 counts of tax fraud. United States Attorney Carla B. Freedman and Harry Chavis, Jr., Acting Special Agent in Charge of the New York Field Office, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.

The indictment alleges that DeYear is the co-owner and president of Independent Commercial Contractors, Inc., a Jefferson County-based corporation that does construction, demolition, and asbestos removal work, and that she withheld more than $135,000 in employment taxes from her employees' paychecks between 2019 and 2022 and failed to pay those withholdings to the IRS as required by law. The indictment further alleges that DeYear failed to file quarterly tax returns on behalf of Independent Commercial Contractors from 2015 through 2022 but that during the COVID-19 pandemic she applied for a federally backed Paycheck Protection Program (PPP) loan and submitted a fraudulent "file copy" of two tax returns purporting to show tax payments on behalf of the corporation, when neither the tax returns nor the payments were sent to the IRS.

The felony charges filed against DeYear carry a maximum sentence of 5 years in federal prison and a fine of up to $250,000 per count, and a term of supervised release of up to 3 years. A defendant's sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

DeYear was arraigned today in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric, and she was released pending a trial that will be scheduled later this year before Senior United States District Court Judge David N. Hurd in Utica, New York.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

IRS-CI is investigating the case, and Assistant U.S. Attorney Michael F. Perry is prosecuting the case.

Updated January 7, 2025