Rice: Statewide Sweep Nabs Five Nassau Tax Schemers

Defendants collectively owe state more than $365K

MINEOLA, NY - Nassau County District Attorney Kathleen Rice announced today that five people, including three attorneys, an accountant, and a doctor, have been arrested in a statewide sweep targeting residents who have refused to file their state income taxes. The five defendants arrested today have cost the State of New York more than $365,000 in tax revenue.

The arrests came as part of a statewide sweep effort by the New York State Department of Taxation and Finance (NYSDTF) and local district attorneys.

“The five defendants arrested today have gotten rich by stealing hundreds of thousands of dollars from honest taxpayers across this state,” Rice said. “In addition to prosecuting them for their crimes, my office will work to ensure that every dime is repaid. I want to thank the State Department of Taxation and Finance for their tireless efforts in bringing these thefts to light.”

Arrested this morning was:

• David Mollon, 47, of Great Neck. Mollon, an attorney, has been charged with Criminal Tax Fraud in the Third Degree and Failure to File a Personal Income Tax Return for 2008. Mollon failed to file state tax returns from 2006 to 2008. During that time he earned more than $1.79 million and failed to pay more than $117,000 in taxes. He faces up to seven years in prison if convicted and is scheduled to be arraigned later today in First District Court, Hempstead. He is represented by Scott Fenstermaker, Esq.
• Kelly Talcott, 50, of Sea Cliff. Talcott, an attorney, has been charged with Criminal Tax Fraud in the Third Degree and Repeated Failure to File Personal Income Taxes. Talcott failed to file state tax returns from 2002 to 2005 and again in 2008. During that time he earned more than $2.68 million and failed to pay more than $111,000 in taxes. He faces up to seven years in prison if convicted and is scheduled to be arraigned later today in First District Court, Hempstead. He is represented by Edward Lieberman, Esq.
• Gerald Gartner, 53, of Lawrence. Gartner, a certified public accountant and chief financial officer for the AHRC-NYC Foundation, a fundraising and grant entity, has been charged with Criminal Tax Fraud in the Third Degree and Repeated Failure to File Personal Income Taxes. Gartner failed to file state tax returns from 2005 to 2008. During that time he earned more than $1.5 million and failed to pay more than $68,900 in taxes. He faces up to seven years in prison if convicted and is scheduled to be arraigned later today in First District Court, Hempstead. He is represented by Robert Fink, Esq.
• Avelino Rosales, 62, of Cedarhurst. Rosales, a physician, has been charged with Repeated Failure to File Personal Income Taxes. Rosales failed to file state tax returns from 2002 to 2006. During that time period he earned more than $1.179 million and failed to pay more than $44,000 in taxes. He faces up to four years in prison if convicted and is scheduled to be arraigned later today in First District Court, Hempstead. He is represented by Timothy Aldridge, Esq.
• Dennis O’Leary, 57, of Westbury. O’Leary, an attorney, has been charged with Repeated Failure to File Personal Income Taxes and Criminal Tax Fraud in the Fifth Degree. O’Leary failed to file state tax returns from 2004 to 2008. During that time O’Leary earned more than $763,000, and failed to pay more than $23,000 in taxes. He faces up to four years in prison if convicted and is scheduled to be arraigned later today in First District Court, Hempstead. He is represented by Cornell Bouse, Esq.

“Those who do not file their tax returns will be punished to the fullest extent of the law,” said NYSDTF Acting Commissioner Jamie Woodward. “We are arresting increasing numbers of tax cheats who simply do not file returns. We have many of these kinds of cases in the works, and that will result in more arrests in the coming weeks. People who ignore filing obligations should not expect to evade detection.”