St. James Resident Pleads Guilty To Tax Fraud Ordered To Pay $450,567

The New York State Department of Taxation and Finance announced today that a Suffolk County businessman has pleaded guilty to sales tax fraud.

Michael Hall, 58, of Saint James, NY, is the owner of Motor Works Collision & Car Care Center, Inc., located at 1136 Suffolk Ave., Brentwood, NY.  He pleaded guilty before the Honorable Stephen Braslow in Suffolk County Court. 

Hall failed to remit to New York State $176,333 in sales tax he collected from customers on sales totaling $2,317,417. He collected the sales tax between February, 2009 and August, 2011.

Hall pleaded guilty and was ordered by the court to pay not only the sales tax he owed, but also penalty and interest, bringing the total in restitution to $450,567. 

“Collecting tax dollars from a customer, then putting those dollars in your own pocket instead of remitting them to the State, is a serious crime,” said Commissioner of Taxation and Finance Jerry Boone.  “We will continue to work closely with our local law enforcement partners to create a level playing field for honest business owners, and protect New Yorkers from paying the cost of tax evasion.”

The case was investigated by the Tax Department’s Criminal Investigations Division and prosecuted by the Suffolk County District Attorney’s office.

Each year, New York State businesses collect nearly $25 billion in sales tax from their customers. Businesses transmit the funds to the Tax Department for state programs and distribution to local governments.  The vast majority (96%) of sales tax is remitted voluntarily; the remaining 4% is collected through criminal investigations, audits and collection activities.   

Taxpayers who suspect a business is not remitting sales tax can report tax evasion and fraud online or by calling 518-457-0578. The information is kept confidential.

Commack SD Goes On Defense After NYS Audit

“As you may know, the NY State Comptroller’s office, by law, must periodically audit all municipalities including school districts. Commack UFSD was recently audited as a part of this routine process and received the final audit report late last week. First and foremost, we are happy to report that the audit did not find any instances of illegal activity or fraud of any kind.” Commack School District’s response to NYS Comptroller DiNapoli’s audit.

The above statement is part of an email blast sent out by the Commack School District Sunday, August 2, 2015. The email is a response to an audit performed by NYS Comptroller Tom DiNapoli’s office which resulted in a message from the auditor stating, “The Board and District officials need to improve oversight of the District’s budget process to adequately manage the District’s financial condition.” 

One of the problems mentioned in the auditor’s report is that District budgets were approved which overestimated expenditures. According to the report in the budget years 2011 - 2014 the district budgeted $24.8 million more than it spent. 

“The District’s practice of consistently planning operating deficits by appropriating unrestricted funds that were not needed to finance operations in effect caused the District to exceed the statutory limitation of unrestricted fund balance of no more than 4 percent of the ensuing year’s appropriations. As a result, the District retained significantly more than the amount of unrestricted funds allowed. Overestimating expenditures and unnecessarily appropriating fund balance caused available fund balance to appear to be within the legal limit. As a result, the Board and District officials have withheld significant funds from productive use and have not adequately presented the District’s financial condition to its residents.” NYS Office of Comptroller.

Calling it a philosophical difference in the budget process the District’s response denied wrongdoing, “Diligent cost-saving measures enacted by our District officials and staff have resulted in significant savings each year (see chart below). We go to great efforts not to spend the money the residents of this community entrust to us.  Further, the District returns every dollar not spent in the budget to the taxpayers to keep the tax levy as low as possible, and to continue to offer the multitude of programs and services that Commack is known for, and the community expects.” 

Amount Saved / Year                            $Returned to Taxpayers in Budgeting Process 

$5.7 million / 2011-12	$5.7 million / 2012-13
$9.677 million / 2012-13	$9.677 million / 2013-14
$8.332 milion / 2013-14	$8.332 million / 2014-15
The amount saved each year through strong budgeting practices and the District’s cost-saving actions is returned to the taxpayers the following year. None of the unspent money is retained or put into reserve funds by the District - all money is returned to the taxpayers. (From District’s email) In response to the audit, Dr. Donald A. James, Superintendent of Schools wrote, “As recommended, the District will review the expenditure budget areas and the variables affecting such discussed in the audit report (regular and special education instruction and employee benefits) in depth and detail to assure reasonable estimates are presented.” A Board of Education meeting will be held Thursday, August 6 at Commack HS.

Theater Review - "Othello"

THEATER REVIEW

Othello by William Shakespeare - Produced by: The Arena Players Repertory Company - Reviewed by: Jeb Ladouceur 

It’s a common misconception that all of William Shakespeare’s plays are magnificent works of art. Not so. Like the products of any prolific playwright, some of The Bard’s plays are better than others. Granted, Shakespeare far and away leads the pack of those who have written for the stage in the English language, but while some of his works smack of pure genius, others are only mediocre.

Othello fits somewhere in between. But what this lengthy, contrived play does offer is a platform for several individual virtuoso performances … and in particular, that of Iago, the hateful villain who reigns among Shakespearian anti-heroes as the most despicable in a long line of heavies. 

Let it be said at the outset that the Arena Players’ prodigy, Dean Schildkraut, expertly leads a cast of actors most of whom are surprisingly effective in this visually modernized version of Othello, the Moor of Venice (which title, director Frederic DeFeis has changed to ‘Othello, The Black of Angola,’ probably to accommodate the 20^th Century setting)

Dean Schildkraut Excels in OthelloBe that as it may, we all know what Othello is … the tragic tale of a dark-skinned General (Othello – Mark Swinson) … who secretly marries a white woman (Desdemona – Mary Caulfield) … and is provoked to jealousy-inspired murder by a vengeful underling (Iago – Dean Schildkraut) … who’s been passed over for promotion.

Of course, there’s more to Iago’s motivation than his merely being overlooked for advancement; indeed Shakespeare never clearly defined what drives the nasty conniver. And to the brilliant Schildkraut’s credit, the actor arranges for Iago to keep his own counsel in the matter, leaving the audience to wonder if indeed the evil character himself ever knew, what propelled him.

It’s hardly any wonder that the likes of Barrymore, Rathbone, Plummer … and my favorite, Michael MacLiammóir … all went to such lengths to be cast as Iago at one time or another in their storied careers. Because though the play might be titled Othello, it’s driven by Iago. The Moor could conceivably be played by a tree stump when being emotionally torn apart by his young (28-year-old) ensign … but without Iago’s keen insight into what makes a jealous individual tick, there simply would be no play.

Dean Schildkraut’s remarkable virtuosity notwithstanding, no one attending this unusual version of Othello during the next month should expect the same degree of thespian expertise from Mark Swinson. As the battle-tested General he is plainly in over his head. Swinson has no idea what to do with his hands … he substitutes swagger for regality … and his voice is thin to the point of inaudibility. Evan Donnellan, the duped Lieutenant who plays Cassio so convincingly, would have been a better choice to hold down the title role.

Mary Caulfield’s Desdemona is beautifully rendered (what a lovely singing voice the young woman has!) … and she and her maid, Emilia (JesAlmeida), play off one another as if the parts were written for them. The prostitute, Bianca (Luisa Bikowski) provides a nice touch with something I’d never seen in previous mountings of this play … a Salome-like dance that more than establishes her ‘professional’ credentials. Such a thing would have been impossible in Elizabethan England, of course, when female roles were filled by young boys.

The lovesick Roderigo (Tyler Williams), so essential in establishing Iago’s devious nature, interprets his part properly, thereby rounding-out the six principal players on whom the tragedy turns.

Prospective attendees heading to the Vanderbilt Museum’s breathtaking courtyard theater between now and August 30, should not be dissuaded by the failure of one player in a cast where so many excel. Several years ago I saw James Earl Jones virtually ruin a production of Othello, but it was Christopher Plummer’s sterling Iago that I remember most vividly when recalling that night at the Winter Garden Theatre in 1982.

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Award-winning writer, Jeb Ladouceur is the author of ten novels, and his theater and book reviews appear in several major L.I. publications. Ladouceur’s newest thriller THE QUANTUM SYNDROME is patterned on the Atlanta child murders of the 80s. His eleventh book, THE SEQUEL, will explore the odd relationship between Harper Lee and Truman Capote.

Op-ED - When Did We All Stop Expecting Integrity From Politicians

By Larry Vetter

When did we all stop expecting integrity from our politicians?

I belong to a number of networking groups for my business. Networking groups consist primarily of entrepreneurs and management employees that are looking for ways to expand business. Networking is a way of marketing that gives you an opportunity to not only understand other business, their needs and issues, but also the individuals themselves. After a time, networking partners become personal friends.

In one such networking group, there is a young man struggling to build his own company that I had befriended. In the meetings we often discuss our unique selling points, how they work and how others may adapt them. I have always felt and stressed that integrity and honesty were the cornerstone of my business and all those within my networking groups have come to know me for that.

Shortly after I was nominated to run for the Town Council position, I mentioned this fact to all my networking groups. After one such meeting, the young man approached me wished me luck and said, “I understand that now you will have to say things that aren’t necessarily true”. I was somewhat taken aback and said that was absolutely not true and I am not changing the ways I live and I work to win a position. We quickly cleared up that misconception, however it did leave me pause to think.

Are we at a point where we expect that little of out public servants? Do we now just shrug our shoulders and expect the lie, expect the broken promises and expect the slipshod services. If I am to be honest with myself, I have to admit I have fallen into that line of reasoning. I often cynically realize that very little that is promised or guaranteed ever becomes reality.

Isn’t it time we hold our public servants to the same standards we expect from our vendors, from services we employ, from goods we purchase, from friends that we have made? Should we not choose individuals at the ballot box that we know are honorable and will fulfill their promises? Isn’t it time we vote for the best and not the lesser of evils? I sincerely hope that this year on Election Day, we begin the process of weeding out the dead wood and replacing with individuals that can deliver what they promise.

Larry Vetter is a Smithtown resident and a buisness owner. He is running for Smithtown Town Council on the Democratic line.

The Story That Was Not To Be - Candlelight Vigil

The Story That Was Not To Be - Candlelight Vigil Celebrating Four Precious Smithtown Girls

by Maureen Rossi

On Wednesday July 29th when I arrived at Smithtown West to attend the Candlelight Vigil for the four beautiful Smithtown girls we lost in the motor vehicle crash last week I saw various news trucks outside the perimeter.  I pulled up, identified myself as press and asked why they were outside the fence?   The response was simply, no press, families request.   I identified myself to them as press, parked my car and I went in.  In addition to being press I am also a Smithtown resident in mourning for these beautiful girls and for their families.   

I wept uncontrollably while taking copious notes in my burgundy reporter’s notebook.  Pages and pages of quotes are stained by my tears. Quotes that will never be written out of the respect for the families.

Well over six-hundred people walked quietly onto the Smithtown West grounds to gather for the celebration of Amy, Brittney, Lauren and Stephanie.  It was a celebration, we heard from many about these amazing young women and the things they had done and accomplished in their short lives.

Local politicians were present; Supervisor Vecchio, Assemblyman Fitzpatrick, Legislator Trotta, Congressman Zeldin, Councilwoman Nowick, County Comptroller Kennedy and Legislator Leslie Kennedy. However, there were no photo opportunities, no words from them,  like everyone else who gathered, they were there to pay their respects to and to celebrate our Smithtown girls who left this world too early.  Every elected official there last night is a parent. Vecchio, Fitzpatrick and the Kennedys are grandparents.  They were not there as politicians, they were there as mourners, they were there to pay respect for the girls from Smithtown. Their hearts were broken like every other heart present.

In remembering these young ladies in our prayers, we must not forget to include the girls inside that fated limo and the devastation they witnessed.  They too will need our continued prayers. 

The small battery-operated candles lit the field which held family members and friends of the girls and they also lit the bleachers where all the other mourners gathered.   Just as quietly as the hundreds entered the vigil, they left with equal reverence.