- 5 - The $248,524 Omission Medico made salary payments to Mr. Oria by check. Mr. Oria signed those checks for Medico. Mr. Loeser advised Mr. Oria that, whenever, on Medico’s behalf, he wrote a salary check to himself, he should write a second check on Medico’s behalf to cover applicable withholding and employment taxes. Mr. Loeser or a member of his staff would record salary payments to Mr. Oria in the general ledger in one of two ways. Generally, if a corresponding tax deposit had been made, the payment would be recorded as a salary expense (i.e., debited to an account labeled “Officer Salaries”). If Medico lacked sufficient funds both to pay Mr. Oria’s salary and to make the necessary tax deposit, the payment would be recorded as an amount due from Mr. Oria (i.e., debited to an account labeled “Due from Officer” (sometimes, Mr. Oria’s drawing account)). The amounts debited to Mr. Oria’s drawing account were not true loans, but were only classified as due from him to give cover to Medico’s failure to make adequate tax deposits. The expectation was that, when sufficient funds became available, and Medico made the delinquent tax deposits, the improper classification would be corrected; i.e., the Due from Officer account would be credited, and the Officer Salaries Account would be debited, to properly reflect all of the payments to Mr. Oria as salary. No such corrections were made, however. Bayliwix, Inc. (Bayliwix), is a corporation owned by Mr. Loeser. The following are unincorporated businesses or tradePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007