A Florida construction company owner will serve 48 months in prison and forfeit more than $5.5 million as well numerous real properties and cash, and to pay over $55 million in restitution for conspiracy to commit wire fraud, conspiracy to defraud the United States and willful violation of a workplace standard that resulted in the death of an undocumented alien employee and other payroll tax, safety and other fraud.
According to court documents, Manual Domingos Pita owned and operated Domingos 54 Construction, a subcontracting business for the wood framing of new construction homes. Domingos 54 was a shell construction company that Pita used to provide workers, including undocumented aliens, with construction jobs. However, Pita failed to secure the required workers compensation insurance coverage for these employees by falsifying in worker’s compensation insurance applications the number of workers for which he sought coverage. In addition, Pita failed to pay any federal employment taxes on the wages that these workers earned during the course of the scheme between 2018 and 2022. As a result, Pita caused several worker’s compensation insurance companies to sustain a loss of over $22.7 million in premiums that they could have charged had they been aware of the number of workers which they had been manipulated into covering with their policies.
In addition, Pita failed to pay to the IRS over $33.7 million in federal employment taxes on those workers’ wages.
Between February and July 2019, investigators with the Occupational Safety and Health Administration (“OSHA”) issued six citations to Domingos 54 for failure to provide fall protection to workers. Even after being cited for these violations, Pita continued to ignore OSHA requirements. In March 2020, Pita assigned a worker and three other carpenters to install sheeting on the roof of a residential home in windy conditions without providing the required fall-protection gear or ensuring its use. As a result, one of the workers was blown off the roof and died from his injuries.
Pita pleaded guilty to the charges on July 9, 2024. The Federal District court sentenced him on February 20, 2025.
“The defendant in this case engaged in a deliberate scheme to defraud insurance companies, the government and evade taxes, resulting in huge losses to the U.S. Treasury, and to personally enrich himself,” said Acting U.S. Attorney for the Middle District of Florida Sara C. Sweeney. “In addition, flagrant violations of OSHA safety standards put workers at unacceptable risk, ultimately resulting in the death of an employee. My office is committed to federally prosecuting and holding accountable anyone who violates these laws and regulations.”
“Not only does this type of scheme give an illegal advantage over honest competitors, it intends to allow the use of illegal, undocumented labor to achieve that advantage,” said Special Agent in Charge Ron Loecker of IRS Criminal Investigation’s Tampa Field Office. “It’s a blatant form of cheating that undercuts fair competition, costs the government millions of dollars in tax revenue, and skirts our nation’s immigration laws. This case reaffirms our unwavering commitment to prosecuting those who engage in fraud at the expense of workers, taxpayers, and law-abiding businesses.”
The prosecution and conviction reminds construction and other business operators that the Justice Department and federal law enforcement agencies investigate and prosecute payroll tax, safety, worker’s compensation and other crimes by employers even when the impacted workers are undocumented aliens.
For Help With Investigations, Policy Updates Or Other Needs
If your organization would like to learn more about the concerns discussed in this update or seeks assistance auditing, updating, administering or defending its human resources, compensation, benefits, corporate ethics and compliance practices, or other work force or performance-related concerns, please contact management attorney and consultant Cynthia Marcotte Stamer.
An attorney Board-Certified in Labor and Employment Law by the Texas Board of Legal Specialization and American College of Employee Benefits Counsel Fellow, Ms. Stamer’s workforce and other management work, public policy leadership and advocacy, coaching, teachings, scholarship and thought leadership on helping organizations and leaders about manage their internal and external workforce, employee benefits and compensation, regulatory compliance and governmental affairs and other legal and operational practices and risk have earned her recognition as a Fellow in the American College of Employee Benefits Counsel, a “Top Woman Lawyer,” “Top Rated Lawyer,” and “LEGAL LEADER™” in Labor and Employment Law and Health Care Law; a “Best Lawyers” in “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” and numerous other honors.
For more than 35 years, Ms. Stamer’s work has advised businesses and business leaders about enhancing the effectiveness and defensibility of their operations using employment and other workforce and services management, employee benefits, compensation, performance management, contracting, Federal Sentencing Guideline and other compliance and risk management, investigations, and other legal and operational tools and solutions. While helping businesses define and manage the conduct and performance of their employees, contractors and vendors, she also assists employers and others with compliance with federal and state equal employment, compensation, health and other employee benefits, workplace safety, leave, employment tax, and other labor and employment, privacy and data security, and other laws: advises and assists management to monitor and reengineer workforce, employee benefits, compensation, safety and other policies and practices in response to regulatory, business, economic, and other developments; advises and defends businesses against labor and employment, employee benefit, wage and hour and other compensation, employment tax, fraud, Federal Sentencing Guideline and other regulatory compliance by the Department of Labor agencies, Department of Justice, Securities and Exchange Commission, Federal Trade Commission, Department of Justice, Office of Federal Contracts and Compliance, and other federal agencies; state Departments of Labor and other federal agencies; state workforce and labor, safety, workers’ compensation and other agencies; and employees, contractors, employee benefit plan participants and vendors, and others.
A former lead consultant to the Government of Bolivia on its social security privatization policy with decades of domestic and international government affairs and public policy experience, Ms. Stamer also has extensive experience providing advice to organizations, Congress and state legislators, federal and state regulators, and others about workforce, education, employee benefits, safety, health, insurance and other public policy concerns.
A prolific author and highly sought out thoughtleader, Ms. Stamer also speaks, coaches management and publishes extensively on these and other related matters.
For additional information about Ms. Stamer and her experience or to access other publications by Ms. Stamer see here or contact Ms. Stamer directly.
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