Can criminal charges result from the Trust Fund Penalty?

A business owner who has not paid the payroll taxes of his employees will have the trust fund penalty assessed against him.  Most trust fund cases are not criminal because the IRS recognizes that the employer failed to pay the taxes simply because he did not have enough income to pay all the bills.  However, if the IRS determines that the owner, or any other responsible person, willfully chose not to pay the taxes (e.g. to convert the money to his own use) then IRC Sec. 7202 makes such action a felony with criminal penalties.  The business owner can still be prosecuted even if he later pays the taxes after the IRS files the charges.  Anyone in this situation needs to be proactive before the situation goes any further.