- Print Text
- Main Office
One Hogan Place
New York, NY 10013
212-335-9000 - Click for More Contact Info
|
|
|
|
FOR IMMEDIATE RELEASE |
CONTACT: Erin Duggan |
DISTRICT ATTORNEY VANCE ANNOUNCES ARREST OF LAWYER FOR TAX EVASION |
|
| Manhattan District Attorney Cyrus R. Vance, Jr. today announced the arrest and filing of a criminal complaint against a lawyer for committing personal income tax evasion over a 6-year period. According to the complaint, MARC A. BERNSTEIN, 55, formerly a named partner of Bernstein & Bernstein, LLP, in Manhattan, evaded $220,492 in personal income tax alone [1]. The defendant failed to file his 2003 through 2007 New York personal income tax returns and filed a false and fraudulent 2008 tax return on which he understated his gross and taxable income. For more than half a decade he had no tax withheld and made no estimated payments. The crimes charged in the felony complaint occurred between April 15, 2004 and October 26, 2009. “The repetitive failure to file personal income tax returns over a prolonged period of time is a pervasive problem,” said District Attorney Vance. “This Office continues to investigate numerous individuals from myriad professions and occupations whose delinquency in filing returns and paying taxes contributes to the City and State’s fiscal shortfall. With the application of the new criminal tax fraud statutes, the consequences for such criminal conduct have become more severe.” There are two pending indictments charging the defendant with stealing a total of $2.2 million in settlement monies from 16 of his personal injury and medical malpractice clients. BERNSTEIN has been charged with three counts of Repeated Failure to File, Personal Income and Earnings Taxes, pursuant to former Tax Law §1802(a), a class E felony; one count of Offering as False Instrument for Filing in the First Degree, pursuant to Penal Law §175.35, a class E felony; and one count of Criminal Tax Fraud in the Second Degree, pursuant to the new Tax Law §1805, a class C felony. A class C felony is punishable by up to 5 to 15 years in prison, and a class E felony is punishable by up to 1⅓ to 4 years in prison. BERNSTEIN was admitted to the New York Bar by the First Judicial Department in 1982. The Supreme Court, Appellate Division, First Department, issued that order of suspension on April 23, 2009. The investigation is continuing. In another non-filing case, on January 7, 2010, LEWIS G. MAHARAM, 54, a Manhattan sports doctor, pleaded guilty to one count of former Tax Law §1801(a) (failure to file a return or report; supply information; or supplying false information), a class A misdemeanor, relating to his 2007 New York personal income tax. A class A misdemeanor is punishable by up to 1 year in a New York City correctional institution. MAHARAM’s plea exposes him to 1-year incarceration if he does not comply with all terms and conditions of the plea agreement. In addition, MAHARAM will be required to pay a $1,000 criminal fine and perform 100 hours of community service. MAHARAM has agreed to arrange a payment schedule with the New York State Department of Taxation and Finance to pay $179,924 in personal income tax liability, which includes tax, accrued interest and penalties, for the years 2001 through 2008. MAHARAM has now filed delinquent federal and New York personal income tax returns. District Attorney Vance thanked New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward and her staff, including the Manhattan and Brooklyn Special Investigations Units and auditors Mel Calimlim and Elias Del Rosario, who assisted in these investigations. Mr. Vance also thanked the District Attorney’s Office (NYPD) Office Squad supervised by Capt. Ronald Haas for its assistance in the investigation, particularly Detective Robert Mistretta. These investigations were handled by Assistant District Attorney Gilda I. Mariani, Chief of the Money Laundering and Tax Crimes Unit, and Assistant District Attorney Maurice Mathis of that Unit. Defendant Information: MARC A. BERNSTEIN (55), 10/8/1954 LEWIS G. MAHARAM (54), 02/02/55
[1] The charges contained in the indictments are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
### Additional news available at: www.manhattanda.org |
|
