New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward today announced that 14 individuals have been arrested on tax evasion charges in statewide coordinated enforcement actions with district attorneys. 

The defendants have been charged with evading hundreds of thousands of dollars in state income taxes on millions in earnings by not filing tax returns over multiple years. Among those arrested are a trustee from the village of Lake Success in Nassau County, three tax preparers, a mortgage broker and five Verizon employees. Some of the charged Verizon employees had claimed a large number of allowances, and as a result, taxes were not withheld in appropriate amounts from their wages.

The arrests mark the continuation of the Department’s enforcement initiative targeting individuals who evade their tax obligations by failing to file their state returns. Including these recent cases, more than 50 non-filers have been arrested statewide in connection with this initiative. 

“Tax evasion by non-filers continues to be a major problem that costs the state hundreds of millions in tax revenues each year,” said Acting Commissioner Woodward.  “Non-filers should be aware that the Department is determined to investigate and prosecute this misconduct.  Using enhanced technology and beefed-up enforcement resources, we will continue to pursue those who do not meet their obligations.

“Those 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 this program, 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. Acting Commissioner Woodward thanks Brooklyn District Attorney Charles J. Hynes, Erie County District Attorney Frank A. Sedita, III, Nassau County District Attorney Kathleen Rice, Queens District Attorney Richard A. Brown, Niagara County District Attorney Michael J. Violante and Suffolk County District Attorney Thomas J. Spota for their assistance in the prosecution of these cases. 
 
All of the defendants in these cases are presumed to be innocent unless and until proven guilty. 

What follows is a list by region of those charged for failing to file New York State personal income taxes.

Nassau County Cases:

Dimitri Petrovsky, 40, of Howard Beach, a mortgage broker and sole shareholder of Ameritrust Mortgage Bankers and New York Financial Lending in New Hyde Park is charged with one class E felony for Repeated Failure to File Personal Income Tax returns for years 2003 through 2006.  During that time he earned $901,061 and failed to pay $62,247 in New York State income taxes.  If found guilty, Petrovsky faces up to four years in state prison.

Leonard Kornfeld, 70, a tax preparer from Far Rockaway, failed to file tax returns for a period of seven years. He is charged with Repeated Failure to File Personal Income Tax returns, a class E felony, for years 2002 through 2007. He is also charged with felony Criminal Tax Fraud in the Fourth Degree for failing to file his tax return in 2008. During that time he earned $630,894 and failed to pay $36,583 in New York State income taxes.  If found guilty, Kornfeld faces up to four years in state prison.

Adam Kolodny, 47, and his wife, Adrienne Kolodny, 47, of 3 School House Lane, Lake Success, were charged with one felony count of Repeated Failure to File Personal Income Tax returns, a class E felony.  Adam Kolodny is a member of the Board of Trustees of the Village of Lake Success and is currently the Director of Finance at MITEQ Inc. in Hauppauge.  The couple failed to file returns for the years 2002 through 2006 during which they had income of over $2 million and failed to pay approximately $82,000 in New York State income taxes. If convicted, they each face up to four years in state prison. They will return to Nassau County First District Court on April 29.

Queens County Cases:

Ronnie Flemming, 42, a Verizon Technician from the Arverne section of Queens, is charged with one class E felony for Repeated Failure to File Personal Income Tax returns from 2005 through 2007.  During that time, Flemming earned $223,759 and failed to pay $14,316 in New York State income taxes.  He is also charged with two misdemeanor counts of failure to file and two misdemeanor counts of failure to pay his state personal income taxes for tax years 2005 through 2007.  If convicted, Flemming faces up to four years in state prison.

Carol R. Gayle, 46, a Verizon Technician from the Arvene section of Queens, is charged with two counts of Criminal Tax Fraud in the Fourth Degree, a class E felony, and two counts of Criminal Tax Fraud in the Fifth Degree, a misdemeanor for failure to pay state income tax for 2008.  She is also charged with one misdemeanor count of failure to file and one misdemeanor count of failure to pay state income tax for 2007.  During that time Gayle earned $160,055 and failed to pay $8,405 in New York State income taxes.  If convicted, Gayle faces up to four years in state prison.

Daniel J. Milmore, 51, of Rockaway Park, Queens, a Verizon Field Technician, is charged with two class E felony counts for Failing to File Personal Income Tax returns for tax years 2004 through 2007.  He is also charged with four misdemeanors for failing to file and pay his New York State personal income taxes for tax years 2006 and 2007.  If found guilty, Milmore faces up to four years in state prison.

Joseph Maiolo, 44, of Bayside, Queens, a Verizon Field Technician, is charged with three class E felony counts for Failing to File Personal Income Tax returns for tax years 2003 through 2008.  He is also charged with four misdemeanors for failing to file and pay his New York State personal income taxes for tax years 2006 and 2007.   During that time, Maiolo earned $548,662 and he failed to pay $34,217 in New York State income taxes.  If found guilty, Maiolo faces up to four years in state prison.

Western New York Cases:

Cynthia Guzik, a/k/a Cynthia Battaglia, a/k/a Cynthia Anderluh, 61, of Niagara Falls, an advertising sales representative for the Buffalo News, is charged with two separate counts of Repeated Failure to File Personal Income taxes, a class E felony.  One count is for tax years 2004 through 2006 and the second count is for tax years 2005 through 2007.  Further charges include:  one count of Criminal Tax Fraud in the Fourth Degree for tax year 2008, a class E felony; two counts of failure to file for tax years 2006 and 2007, a class A misdemeanor; and, one count of Offering a False Instrument for Filing in the First Degree, a class E felony, for presenting a false 2004 return.  Her income during the years of non-filing, 2004 through 2008, was $452,171 and her total estimated tax liability is $26,698.  She faces a maximum of four years in state prison if found guilty.

Kathleen Lowe, 53, a home health care nurse from Buffalo, pled guilty to Failure to File, a class A misdemeanor.  She will be sentenced on August 19. Her plea is related to her failing to file a New York State income tax return in 2007 with a liability of $7,184.

Suffolk County Cases:

Maria Alcasid Escano, 70, of Holbrook, a doctor with offices in Riverhead, is charged with one count of Failing to File Personal Income taxes, a class E felony. Escano failed to file tax returns for the years 2004 through 2008.  During this five-year period, she had income of approximately $1.3 million and failed to pay $48,000 in New York State income taxes. If convicted, Escano faces up to four years in state prison.

Adam Greene, 46, of Melville, a CPA and a partner in Greene & Co. LLP, in Melville is charged with one felony count of Failing to File Personal Income taxes, a class E felony.  Greene failed to file returns for the years 2002 through 2007.  During this six-year period, he had income of approximately $700,000 and failed to pay $33,000 in New York State income taxes. If convicted, Greene faces up to four years in state prison.

Ivan Brodzansky, 49, of Commack, a CPA, is charged with one felony count of Failing to File Personal Income taxes, a class E felony.  Brodzansky failed to file returns for the years 2005 through 2008, during which he had income of over $450,000 and failed to pay $20,000 in New York State income taxes. If convicted, Brodzansky faces up to four years in state prison.

Kings County Case:

Melissa Perry-Beloti, 38, of Brooklyn, a supervisor for Verizon, is charged with one class E felony count of Repeated Failure to File Personal Income Tax returns for tax years 2003 through 2007 and four misdemeanor counts of Criminal Tax Fraud in the Fifth Degree for failing to file a tax return for tax years 2003 through 2007 and pay over $32,165 in New York State income taxes due.  A department investigation determined that Perry-Beloti’s income totaled $446,084 for the delinquent years. She was arraigned in the Criminal Court of Kings County on January 21.  If convicted, Perry-Beloti faces up to four years in state prison.