Brandon M. Ferguson, 33, and Lacey G. Swartz, 31, married, both of Woodbury, were charged in Dakota County District Court Feb. 10 with six counts of felony failure to file tax returns with willful evasion.

Information from a local government employee pertaining to Ferguson was received by the Minnesota Department of Revenue. The information was related to complaints about the work of Ferguson’s asphalt business, Community Blacktop, LLC, a local Hastings business.

According to the complaint, “Investigators located several other unregistered businesses that Ferguson used to conduct business both in Minnesota and in other states.”

A check of Ferguson’s tax records showed that he failed to file individual income tax returns for tax years 2016 through 2021. In further investigation, it was determined that his wife, Swartz, had also not filed individual income tax returns since 2014.

The complaint states, “In addition to the income received through the asphalt businesses, both Ferguson and Swartz were also issued federal gambling winning tax forms, W-2G’s” between the years of 2017–2020.

In 2020, Ferguson was encouraged to file his taxes during a phone conversation with MDOR that was for an unrelated circumstance.

Investigators requested an interview concerning these allegations with Ferguson and Swartz through the mail. In December 2022, phone contact was made with Ferguson who stated that he wanted to “clear this up.” A court summons has been issued.