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New York State Department of Taxation and Finance
518-45-PRESS (518-457-7377) geoffrey.gloak@tax.ny.gov
September 30, 2013
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NYS Tax Department Arrests Dunkirk Man for Filing False NY Tax ReturnsIRS says he also filed 122 bogus Federal tax returns |
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New
York State Department of Taxation and Finance Commissioner Thomas H.
Mattox announced that a Dunkirk, NY man under investigation for tax
fraud was arrested today for filing fraudulent income tax returns - in
the names of deceased individuals.
John
Berry, 42, of 65 N. Ermine Street, was charged with Offering a False
Instrument in the First Degree, a class E felony and Attempted Grand
Larceny in the Fourth Degree, a class A misdemeanor. He was arraigned
in Dunkirk City Court before the Hon. Walter Drag. He was released on
his own recognizance. His next court appearance is scheduled for
October 15.
The
Tax Department’s investigation found a number of the withholding
statements (W-2s) used fraudulently by Berry claimed wages from a
not-for-profit entity located in Chautauqua County. The investigation
revealed that the persons listed on the W-2s were dead. Berry filed 40
New York State income tax returns between 2008 and 2009 claiming
fraudulent refunds of $25,194.
Working
with the Internal Revenue Service, the Department also learned that,
for the same years of 2008 and 2009, Berry sought $200,000 in illegal
refunds by filing 122 Federal returns, again using the social security
numbers of dead people. Berry has pled guilty to the charges brought
by the IRS and is expected to be sentenced on those charges in October.
“This
is a case in which the State, leveraging information from the Federal
government, was able to identify multiple instances of stolen identity,
and bring them to an end,” said Commissioner Mattox. “It appears the
defendant clearly set out to steal on a regular basis from the State,
and by doing so, cheat all the taxpayers of New York who pay their fair
share. Such criminal activity won’t be tolerated.”
The
arrest was made and the case investigated by the Criminal
Investigations Division (CID) of the New York State Tax Department. In
addition, a CID officer has been appointed as the Special Assistant
District Attorney to prosecute the case. CID is comprised of
attorneys, criminal investigators and auditors tasked with uncovering
violations of the State Tax Law.
In
New York State, 96% of taxes are paid by businesses and individuals who
voluntarily meet their tax responsibilities. The remaining 4% is
collected through the Tax Department's audit, collections and criminal
investigations programs. Through its enforcement programs, the
Department ensures fair tax administration for all New Yorkers.
A criminal complaint is merely an accusation and the defendant is presumed innocent until proven guilty.
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