Philadelphia Restaurateur Indicted for Employment Tax Fraud

PHILADELPHIA - U.S. Attorney David Metcalf announced that Charles Weiner, 79, of Penn Valley, Pennsylvania, was charged by indictment with one count of conspiracy to defraud the United States, 22 counts of willful failure to withhold and pay over employment taxes, and six counts of aiding and assisting the filing of false tax returns.

The indictment is part of the Department of Justice's first-ever National Tax Enforcement Surge, a month-long initiative involving the National Fraud Enforcement Division's Tax Section and U.S. Attorneys' Offices across the country. The surge of nationwide resources resulted in prosecutorial actions against 76 defendants whose alleged and proven crimes intended an estimated loss of revenue to the federal government of more than $490,000,000.

As detailed in the Weiner indictment, the defendant owned two restaurants, Max's Steaks & Eagle Bar and Clock Bar, both located on the same block of Germantown Avenue in Philadelphia. He controlled all financial matters related to the restaurants and was responsible for withholding Social Security, Medicare, and income taxes from employees' wages and paying those funds over to the IRS, as well as filing quarterly employment tax returns with the IRS.

The indictment alleges that, from the first quarter of 2019 through the first quarter of 2023, Weiner and two others working at his direction paid wages to employees of the restaurants all or partly in cash, with Weiner then providing the restaurants' accountant with only a part of the wages paid to employees. As a result, the restaurants' quarterly tax returns that the accountant filed with the IRS during this period were false.

The indictment further alleges that Weiner also supplied the accountant false information regarding the amount of food and drink supplies purchased for the restaurants. As a result, Weiner also caused the annual corporate tax returns filed for the restaurants to be false.

If convicted, the defendant faces a maximum penalty of five years in prison for conspiracy, five years in prison for each count of willful failure to withhold and pay over employment taxes, and three years in prison for each count of aiding and assisting the filing of false tax returns.

On April 7, 2026, the Department of Justice announced the creation of the National Fraud Enforcement Division. The core mission of the Fraud Division is to zealously investigate and prosecute those who steal or fraudulently misuse taxpayer dollars. Department of Justice efforts to combat fraud support President Trump's Task Force to Eliminate Fraud, a whole-of-government effort chaired by Vice President J.D. Vance to eliminate fraud, waste, and abuse within federal benefit programs.

This case was investigated by IRS Criminal Investigation and is being prosecuted by Assistant United States Attorney Eric D. Gill and Trial Attorney Michael C. Vasiliadis of the National Fraud Enforcement Division's Tax Section.

The charges and allegations contained in the indictment are merely accusations. Every defendant is presumed to be innocent unless and until proven guilty in court.