South Bay CEO Sentenced For Employment Tax Crimes

SAN JOSE - A California man was sentenced today to a year and a day in prison for a decade-long scheme to avoid paying over employment taxes to the IRS.

The following is according to court documents and statements made in court: John Comeau, of Santa Clara, was the CEO of Vivid Inc., a company that provided metal coating services to industrial customers in California and elsewhere. Vivid Inc. employed as many as 40 employees at any given time.

Comeau was responsible for withholding Social Security, Medicare, and federal income taxes from the wages of Vivid's employees and then paying those funds over to the IRS each quarter. The timely payment of these taxes is critical to the functioning of the U.S. government, because, for example, they are the primary source of funding for Social Security and Medicare. The federal income taxes that are withheld from employees' wages also account for a significant portion of all federal income taxes collected each year.

From the first quarter of 2010 through the fourth quarter of 2019, Vivid Inc. paid its employee a total of over $8.8 million in wages. During this period, Comeau collected and withheld taxes from the wages of Vivid's employees but did not pay over all the taxes owed to the IRS. He also caused false quarterly employment tax returns to be filed with the IRS, underreporting Vivid's wages by more than $5 million.

To conceal his scheme, Comeau caused accurate tax forms to be issued to certain employees. These tax forms reported higher wages than the amounts Vivid had reported to the IRS. Comeau also issued tax forms, such as Wage and Tax Statement, Form W-2, to other Vivid employees that underreported their wages. When an employer underreports wages paid to their employees, it may negatively impact those employees' Social Security benefits, as those forms are used by the Social Security Administration to compute benefits owed to an employee.

Instead of paying his taxes, Comeau used some of the funds to maintain a comfortable lifestyle that included a $3 million home and luxury cars.

In total, Comeau caused a tax loss to the United States of more than $1.1 million.

In addition to the prison sentence, U.S. District Judge P. Casey Pitts ordered Comeau to serve three years of supervised release and pay $1,153,948 in restitution to the IRS.

United States Attorney Craig H. Missakian, Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department's Tax Division, and IRS Criminal Investigation (IRS-CI) Oakland Field Office Special Agent in Charge Linda Nguyen made the announcement.

IRS-CI investigated the case.

Assistant U.S. Attorney Ilham Hosseini and Trial Attorney Mahana Weidler of the Tax Division prosecuted the case.