Plax Tax Lax: Former New York Giant Indicted for Failed IRS Payment

Former professional football player Plaxico Burress is in trouble again.

The former New York Giants wide receiver was indicted under a new statute that makes a failed electronic funds transfer (EFT) the same as a bad check, Acting Mercer County Prosecutor Angelo J. Onofri said Thursday morning.

Burress, 37, of Totowa, was indicted on one count of issuing a bad check or electronic funds transfer, and one count of willful failure to pay state tax. Both are third-degree crimes.

Burress allegedly owed $47,903 in taxes for 2013. He allegedly submitted his payment on Sept. 20 electronically, but the transfer failed.

The New Jersey Division of Taxation and the Department of the Treasury’s Office of Criminal Investigation (OCI) notified Burress that his payment failed multiple times, and requested he resubmit.

The OCI also contacted Burress’s tax preparer and asked him to contact Burress and inform him about the seriousness of the situation.

Burress allegedly didn’t respond to any attempt to contact him.

On Feb. 4, OCI filed a criminal complaint charging Burress with one count of issuing a bad EFT and one count of willful failure to pay tax. He was indicted on April 22.

The indictment comes about two months after Burress announced his intent to join self-proclaimed penny stock mogul Timothy Sykes to help current and former pro football players learn about the stock market.

Burees spent 11 years in the NFL with the New York Giants, the New York Jets and the Pittsburgh Steelers. He won Super Bowl 42 with the Giants following the 2007 season.

He previously spent spent 20 months in prison for carrying an unregistered gun to a club and accidentally shooting himself.

Burress is the first person to be indicted under a new statue that took effect on Sept. 20 of last year.

On Sept. 11, Gov. Chris Christie signed a bill into law to fix a longstanding discrepancy that treated bounced paper checks and insufficient electronic payments differently. Both are now treated the same under the law.

A failed electronic payment occurs when a taxpayer filing online designates a financial institution that either doesn’t exist or has insufficient funds as the institution from which to draw the payment.

Third-degree crimes carry a maximum penalty of five years in state prison and a $15,000 fine.