United States Attorney for the Southern District of New York, Jay Clayton, alongside Harry T. Chavis, Jr., Special Agent in Charge of the New York Field Office of Internal Revenue Service-Criminal Investigation (IRS-CI), has announced charges against Nigel Kenneth Joseph. Joseph is accused of failing to pay employee payroll taxes and engaging in schemes to defraud a construction contractor and commit aggravated identity theft. He was arrested and presented before U.S. Magistrate Judge Ona T. Wang.
“As alleged, Nigel Joseph didn’t just shortchange his workers—he lied about it, falsified records, and pocketed the money for himself,” said U.S. Attorney Jay Clayton. “Then he allegedly defrauded the public by ducking millions in taxes.”
“When a person purportedly leases luxury vehicles, buys NBA tickets and travels to tropical islands instead of paying payroll taxes for his employees, it is the American people who are victimized,” stated IRS-CI Special Agent in Charge Harry T. Chavis, Jr.
Joseph founded BWK, a masonry subcontractor registered in the Bronx, New York, in 2019. Despite earning at least $10 million between 2019 and 2021 through construction work across New York, New Jersey, and Connecticut, he allegedly failed to pay approximately $2.9 million on behalf of his employees and around $750,000 owed as an employer.
According to interviews with employees and business partners conducted by IRS-CI agents, Joseph expressed a desire not to file taxes during the COVID-19 pandemic due to perceived leniency from tax authorities.
Joseph is also accused of directing the production of falsified certified payroll documents to obtain nearly $1.96 million under at least two construction contracts related to elementary school projects on Long Island.
The complaint includes allegations that Joseph conspired with others to create false documents listing non-existent hours worked and wages for about ten employees between October 2021 and June 2022.
Nigel Kenneth Joseph faces multiple charges including 11 counts of failure to account for and pay over payroll taxes each carrying a maximum sentence of five years; one count each of conspiracy to commit wire fraud and wire fraud itself both carrying maximum sentences of 20 years; plus one count of aggravated identity theft with a mandatory two-year sentence.
Jay Clayton commended IRS–CI’s investigative efforts on this case which is managed by Assistant U.S. Attorney Ryan T. Nees from the General Crimes Unit.
The accusations against Joseph remain allegations until proven guilty in court.
