Former Buffalo Board of Education Member Pleads Guilty for Non-Filing of State Income Taxes

ALBANY, NY (03/05/2010)(readMedia)-- New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward today announced that Donald Van Every, a former member of the Buffalo Board of Education, pled guilty to one misdemeanor count for failing to file his state personal income tax return for tax year 2007.

Van Every, 58, a social welfare examiner with the Erie County Department of Social Services, who resides at 7090 Ward Road, Orchard Park, was sentenced today before Buffalo City Court Judge Joseph A. Fiorella to a one-year conditional discharge, fined $500 and ordered to serve 200 hours of community service. Van Every was also ordered to file and pay all of his taxes going forward.

Van Every could have faced a possible year in jail.

According to court papers, Van Every failed to file personal income tax returns for eight consecutive years – from 2000 to 2007 – during which he earned $698,644. By his guilty plea, Van Every admitted that he had failed to file his 2007 return.

During today's proceedings, Van Every tendered a check for $3,189 to the Department of Taxation and Finance for the outstanding penalty and interest. Prior to his court appearance, Van Every had paid the underlying tax liability.

The investigation against Van Every was part of a statewide crackdown by the Tax Department and District Attorneys across the state on those who evade their income tax liabilities by failing to file their tax returns. In the past several months, more than 60 prosecutions have been initiated against non-filers across the state and more arrests are anticipated.

Acting Commissioner Woodward said, "Failing to file a state income tax return is a serious crime that hurts all New Yorkers. Each year, the State loses hundreds of millions in owed taxes as a result of this type of evasion and the Department is determined to work with local prosecutors like Erie County District Attorney Frank Sedita to make sure those who try to avoid their obligation will be held responsible for their actions. We commend District Attorney Sedita and Assistant District Attorney Susan H. Sadinsky for their aggressive prosecution of this case."

Acting Commissioner Woodward added, "The Department offers programs such as the Voluntary Disclosure and Compliance Program to encourage delinquent taxpayers to become compliant without facing criminal prosecution or civil penalty. It is hoped that this case and others will encourage taxpayers to come forward and satisfy their tax obligation. For more information about these programs, go to the Department's website at www.nystax.gov."

The investigation was conducted by staff from the Tax Department's Special Investigations Unit in Buffalo and the Erie County District Attorney's Office.

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