In Second Wave Of Arrests, 18 Charged With Failing To File State Tax Returns

ALBANY, NY (01/07/2010)(readMedia)-- New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward today announced that 18 individuals across the state have been arrested on tax evasion charges in coordinated enforcement actions with six District Attorneys. Collectively, the defendants have been charged with evading hundreds of thousands of dollars in taxes on millions in earnings by not filing tax returns over multiple years. Those arrested include three attorneys, three doctors, an architect, a teacher, professionals in the financial, insurance and real estate industries and other self-employed businessmen.

The arrests are part of an ongoing statewide tax enforcement initiative targeting those who evade their tax obligations by not filing their state returns. Ten other non-filers were arrested in December and the department anticipates that dozens more will be arrested in the coming months.

"Tax evasion by non-filers is a major problem that costs the state hundreds of millions in tax revenues each year," said Acting Commissioner Woodward. "Non-filers should be warned that the department is determined to curb this misconduct. We have increased our ability to catch non-filers though enhanced technology and significantly beefed-up our enforcement resources. As today's cases demonstrate, we are working more closely with state prosecutors than ever before. Indeed, in the past two years the number of income tax prosecutions initiated by the department has increased more than 360%.

"People who purposely fail to pay their taxes force the rest of us to shoulder a greater burden," Acting Commissioner Woodward said. "Honest taxpayers can rest assured that the department is committed to seeing that the tax laws are equitably and impartially enforced and that all taxpayers pay their fair share.

"Delinquent taxpayers who are not yet under audit or investigation are encouraged to avoid penalties or criminal prosecution by participating in the department's Voluntary Disclosure and Compliance Program. For more information about these programs, go to the Department's website at www.nystax.gov. It is hoped that today's cases will encourage such taxpayers to come forward and satisfy their obligations."

Acting Commissioner Woodward emphasized that these cases would not have moved forward without the assistance of District Attorneys from around the state. She wished to thank Westchester County District Attorney Janet DiFiore, Rockland County District Attorney Thomas P. Zugibe, Dutchess County District Attorney William V. Grady, Onondaga County District Attorney William J. Fitzpatrick, Oneida County District Attorney Scott D. McNamara and Queens District Attorney Richard A. Brown for their aggressive prosecution of these cases.

"New Yorkers who do not pay their fair share of taxes shift the burden to the rest of us," said Queens District Attorney Richard A. Brown. "That is unacceptable at any time, and particularly during this severe economic downturn that has seriously affected our government. The alleged actions of the defendants in this case make victims of all New Yorkers - cheating the government and the public cannot be tolerated."

"We must take an aggressive stance against those tax cheats whose illegal activity forces law abiding citizens to shoulder more than their fair share," said Onondaga County District Attorney William J. Fitzpatrick. "It would be a disservice to the citizens of New York State not to pursue these criminal cases against those who cheat the system."

"Our tax system is based on each citizen's responsibility to comply with state law and file accurate and timely tax returns," said Rockland County District Attorney Thomas Zugibe. "These tax dodgers hurt honest New Yorkers who play by the rules and must now make up the difference. As the April 15th deadline approaches, these prosecutions should send the message that profiting at the expense of the law cannot and will not be tolerated. Failure to pay your taxes is a crime and will be aggressively investigated and prosecuted."

These cases were investigated by the Tax Department's Special Investigations Units in Westchester County, Albany, Suffolk County and New York City.

All of the defendants in these cases are presumed to be innocent unless and until proven guilty.

Below is a list by region of the 18 people charged for failing to file New York state taxes.

Those Charged in the Central New York Region Were:

John Dobbertin - 45, of 5212 Hook Circle, Jamesville, an insurance agent for The Lexington Financial Group. Dobbertin is charged with three class E felony counts of Repeated Failure to File Personal Income Tax returns for tax years 2003-07 and two counts of Criminal Tax Fraud in the Fourth Degree for failing to file a tax return for 2008 and pay over $3,000 in tax due. A department investigation determined that Dobbertin's income totaled $870,826 for the delinquent years and that he owed the state an estimated sum of more than $25,000 in back income taxes. After being notified of the department's investigation, Dobbertin filed some of the delinquent returns and paid more than $8,000 toward his tax liability. He is scheduled to be arraigned in the City Court of Syracuse on January 12. If convicted, Dobbertin faces up to four years in state prison.

J. Paul Kolodziej - 56, of 33 East State St., Gloversville, a lawyer with an office at 350 North Main St. in Gloversville. Kolodziej is charged with two counts of Criminal Tax Fraud in the Third Degree, class D felonies, for failing to file a personal income tax return for 2008 and pay over $10,000 in state taxes. He is also charged with four class E felony counts of Repeated Failure to File Timely Personal Income Tax Returns for tax years 2002-07. After being notified of the department's investigation, Kolodziej filed returns indicating that he earned $1,481,969 for tax years 2002-08 and owed the state $84,752 in back taxes. He also paid $58,509 toward his tax liability. Kolodziej will be arraigned in the City Court of Gloversville on January 20, 2010. If found guilty, Kolodziej faces up to seven years in state prison.

R. Robert Sossen Jr. - 62, and Adele W. Sossen, 61, of 30 Foxcroft Road, New Hartford, each are charged with four class E felony counts of Repeated Failure to File Personal Income Tax Returns for tax years 2002 through 2007 and two class E felony counts of Criminal Tax Fraud in the Fourth Degree for failing to file a personal income tax return for 2008 and pay over $3,000 in tax when due. R. Robert Sossen Jr. is a lawyer whose solo practice is located at 10 Steuben Park, Utica, and Adele Sossen is a teacher currently employed by the New Hartford Central School District. The investigation determined that the couple's income exceeded $2 million for the delinquent years and that they owed the state an estimated sum of $66,989 in income taxes. After being notified of the department's investigation, Mr. and Mrs. Sossen filed some of the delinquent returns. R. Robert and Adele Sossen are scheduled to be arraigned in the Village Court of Yorkville on January 11. If found guilty, they each face up to four years in state prison.

Those Charged in the Capital District:

Robert M. Angelo - 45, of 237 Coplon Road Schenectady, is charged with Failing to File a Personal Income Tax Return for the 2006 tax year, a misdemeanor. During 2006, Angelo earned approximately $71,000 from his business "Bob's Carpentry" on Kings Road in Schenectady, and failed to pay $3,800 in state income taxes. If convicted, Angelo faces up to a year in state prison.

Jeremiah Bagley - 31, of 3 Seventh Ave., Hudson Falls, is charged with four counts of Repeated Failure to File Personal Income Tax Returns, class E felonies, for failing to file personal income tax returns with the state for the 2002-07 tax years. During that time Bagley earned approximately $350,000 from his business Ameridack Floor Contractors, and failed to pay over $6,500 in state income taxes. Bagley was arraigned in the Hudson Falls Village Court. If convicted, Bagley faces up to four years in state prison.

David Power - 45, of 19 Hemstead Road, Petersburgh, is charged with one count of Repeated Failure to File Personal Income Tax Returns, a class E felony, and one count of Criminal Tax Fraud in the 5th Degree, a misdemeanor, for the failure to file personal income tax returns with New York State for the 2005-08 tax years. Power earned approximately $157,000 working as a self-employed logger, and failed to pay approximately $6,500 in state income taxes. If convicted, Power faces up to four years in state prison.

Charged on Long Island:

Kevin Ryan - 45, of 24 Avenue B, Northport, is charged with one count of Failing to File Personal Income Tax Returns, a class E felony. Ryan is a writer employed by Barrons Educational Series in Hauppauge. He failed to file tax returns for the years 2002-07. During this six-year period, he and his wife earned in excess of $800,000 and failed to pay $44,000 in state income taxes. If convicted, Ryan faces up to four years in state prison. Ryan was issued a Desk Appearance Ticket and will return to court in Central Islip, on March 3.

Joseph F. Garthaffner, 72, of 36 Shore Lane, Bay Shore, is charged with one count of Failing to File Personal Income Tax Returns, a class E felony and one count of criminal tax fraud in the fourth degree, a class E felony. Garthaffner is a professional engineer who operates an electrical design and consulting business from his home. He failed to file New York State personal Income tax returns for the years 2005-08 during which he and his wife earned approximately $800,000 and failed to pay $41,000 in taxes. Both charges carry a maximum sentence of four years. He will return to court on March 11 for arraignment.

Charged in New York City:

Mahmood A. Khan - 50, of Douglaston, is charged with one count of repeated failure to file personal income tax returns, a class E felony; two counts of Failure to File a Tax Return, and new Criminal Tax Fraud in the Third Degree a D felony. Khan is a Financial Services Representative with the Metlife company. He failed to file tax returns for the years 2004-08. During this time he earned $1,187,577 and he failed to pay $122,018 in state income taxes. If convicted, Khan faces up to seven years in state prison.

Richard Fasanello - 56, of Massapequa, a medical doctor with an office in Ozone Park. He is charged with one class E felony count of Repeated Failure to File A Personal Income Tax Return, a class E felony, misdemeanor count each of Failure to File A Tax Return and Failure To Pay A Personal Income Tax return. Fasanello is charged for failing to file tax returns for the years 2004-06. During this time he earned $570,004 and he failed to pay $17,845 in state income taxes. If convicted, Fasanello faces up to four years in state prison.

James Roubal - 51, of East Elmhurst, a real estate broker is charged with four class E felony counts of Repeated Failure to File a Personal Income Tax Return for 2002-07. During that time he earned $490,059 and failed to pay $11,220 in income taxes. Roubal is also charged with two misdemeanors for Criminal Tax Fraud in the 5th Degree, two misdemeanors for Failing to File a Personal Income Tax Return and two misdemeanors for Failure to File A Personal Income Tax Return for 2006 and 2007. If convicted, Roubal faces up to four years in state prison.

David Shaffer - 55, a podiatrist with an office in Flushing, Queens. He is charged with four class E felony counts of Repeated Failure to File A Personal Income Tax Return for 2002-07. During this time Shaffer earned $253,324 and he failed to pay $13,419 in state income taxes He is also charged with four misdemeanors for failing to file his state personal income tax returns for tax year 2006 and 2007. If convicted, Shaffer faces up to four years in state prison.

Charged in the Lower Hudson Valley:

David Bernfeld - 57, of 19 York Drive, New City, an attorney and shareholder of the Manhattan-based law firm of Bernfeld, DeMatteo & Bernfeld, L.L.P. He is charged with two class E felony counts of Repeated Failure to File Personal Income Tax Returns for tax years 2004-07. Documents show that in that time Bernfeld was paid taxable income of $1,047,5180. Bernfeld did not file state personal income tax returns reporting this income, nor did he pay New York State personal income taxes on those monies. Bernfeld was arraigned in a felony complaint filed in the Town of Clarkstown Court in Rockland County. The complaint states that Bernfeld has unpaid tax liability for those years totaling $72,715. Bernfeld is being prosecuted by the Rockland County District Attorney's Office. If found guilty, Bernfeld faces up to four years in state prison on each charge.

Ronald DiScenza - 59, of 59 Halley Drive, Village of Pomona, a medical doctor with an office in New City. He is charged with four class E felony counts of Repeated Failure to File Personal Income Tax Returns for tax years 2002-07. Documents show in the 2002-06 tax years DiScenza received $1,706,826 from his medical practice. DiScenza has unpaid tax liabilities for 2002-06 of $26,292. He is being prosecuted by the Rockland County District Attorney's Office. If found guilty, DiScenza faces up to four years in state prison on each charge. He is scheduled to appear in the Town of Clarkstown Court on March 3.

Subhash Kulkarni - 69, of 1507 Eagles Ridge Road, Brewster, is a medical doctor with an office in Hopewell Junction. Kulkarni has been charged in a felony complaint filed in the Town of East Fishkill Court, with Criminal Tax Fraud in the Third Degree, a class D felony, and Failure to File Personal Income Tax Returns, a misdemeanor. The charges stem from Kulkarni's failure to file New York State personal income tax returns for 2007 and 2008. In 2008 Kulkarni received $260,005 from his medical practice and had a New York State tax liability for that year of $17,092. In 2007 Kulkarni had an adjusted gross income of $609,028 which resulted in a New York State tax liability for that year of $38,953. The State Department of Taxation and Finance had previously filed civil tax warrants while attempting to collect $246,222 in tax which Kulkarni owed prior to 2007. With interest and penalties the amount owed by Kulkarni for which tax warrants have been issued now totals $714,629. Kulkarni is being prosecuted by the Dutchess County District Attorney's Office and faces up to four years in state prison if convicted.

William Thompson - 49, of 174 Wilbur Boulevard, Poughkeepsie, an orthopedic surgeon whose office is located in the Town of Poughkeepsie. He was charged with three E felony counts of Repeated Failure to File Personal Income Tax Returns for tax years 2003-07. It is alleged that in addition to not filing New York State personal income tax returns for those years, Thompson failed to remit over $100,000 in taxes. After he was advised that he was the subject of a criminal investigation for not filing New York State personal income tax returns he filed returns for tax years 2003-05. Those returns indicated that his income over that time was $970,645 and his state tax liabilities were $63,429. The felony complaint filed in the Town of Poughkeepsie Court states that he has an additional combined tax liability for 2006 and 2007 of $40,000. Thompson faces up to four years in state prison on each charge if convicted. Thompson was arraigned on January 6 in the Town of Poughkeepsie Justice Court and is being prosecuted by the Dutchess County District Attorney's Office. He is scheduled to be back in Court on January 25.

Juan Camacho - 48, of 4 Hotel Drive, White Plains, a self-employed real estate professional. He is charged with one class E felony count of Repeated Failure to File Personal Income Tax Returns for tax years 2003-2005. After being advised that he was under criminal investigation for failing to file New York State personal income tax Returns, Camacho presented previously unfiled returns for tax years 2003-05. The 2003 tax return that he provided on February 9, 2009, stated that he had an adjusted gross income of $659,019 and state income tax liability that year of $48,098. The 2004 tax return reflected that Camacho had an adjusted gross income of $552,786 and a personal income tax liability that year of $40,158. The 2005 tax return reflected that he had an adjusted gross income of $319,000 and personal income tax liability that year of $3,754. To date, Camacho has not paid any of the above-mentioned tax liabilities for taxable years 2003 through 2005 which total $92,010. Camacho was arraigned in the City of White Plains Court and is being prosecuted by the Westchester County District Attorney's Office. Camacho faces four years in prison if convicted. He will return to court February 2.

Lloyd Taft - 55, of 5 Boutonville Road, South Salem, a licensed architect, is charged with one E felony count of Repeated Failure to File Personal Income Tax Returns for tax years 2005-07. After Taft was advised that he was the subject of a criminal investigation concerning his failure to file state income tax returns, the defendant provided previously unfiled copies of returns for tax years 2005-07. The 2005 tax return showed that he had an adjusted gross income of $272,646, and a personal income tax liability of $16, 792. The 2006 tax return reflected that he had an adjusted gross income of $256,940, and income tax liability that year of $14,431, and the 2007 tax return he provided reflected that he had an adjusted gross income of $69,160, and personal income tax liability that year of $732. To date Taft has not paid any of the above-mentioned tax liabilities for 2005-07, which total $31,955. Taft was arraigned in the Town of Lewisboro Justice Court and is being prosecuted by the Westchester County District Attorney's Office. He will return to court on January 11.

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