ALAN VINEGRAD, United States Attorney for the Eastern
District of New York, PAUL L. MACHALEK, Special Agent-in-Charge,
Internal Revenue Service-Criminal Investigation, New York Field Office,
and RAYMOND CASEY, Chairman and Executive Director of
the New York City Trade Waste Commission, announced that CHARLES MANZO
and DONALD MANZO, brothers and co-owners of B. Manzo & Son, M. Manzo
& Company, Inc. ("B. Manzo & Son"), each pled guilty today to
conspiring to defraud the United States by obstructing the Internal Revenue
Service in the ascertainment, computation and collection of income tax,
in violation of Title 18, United States Code, Section 371. The guilty
pleas were entered before the Honorable Joan M. Azrack, United States
Magistrate Judge, at the United States Courthouse in Brooklyn.
B. Manzo &
Son, the largest private carter on Staten Island, is a waste removal and
disposal business with offices at 900 Hylan Boulevard, a waste transfer
station at 260 Meredith Avenue and a garage at 12 Prospect Street, each
located on Staten Island. According to the charge to which the defendants
pled guilty, B. Manzo & Son, among other services, provided commercial
and residential customers with large containers, known as roll-off containers,
for the collection of construction and other debris. These customers paid
B. Manzo & Son a flat fee, in cash or by check, for the use of the
containers.
The government
alleged that from 1995 to 1999, the defendants recorded a portion of their
income from their roll-off container business on bank deposit slips and
other documents, and deposited that income into B. Manzo & Son bank
accounts. The defendants also maintained separate notebooks in which they
recorded the balance of their income from their roll-off container business.
The latter income was not deposited into bank accounts, and it was not
disclosed to the accountants engaged by the defendants to prepare and
file the federal income tax returns for B. Manzo & Son.
The government
charged that between 1995 and 1999, the defendants earned more than $2
million in income from their roll-off container business, which they hid
from their accountants and failed to report to the Internal Revenue Service
on B. Manzo & Son's income tax returns.
As part of their
plea agreements with the government, prior to sentencing the defendants
will each file an affidavit with the New York City Trade Waste Commission
agreeing not to participate in any way in the affairs of any firm or business
involved in waste collection and carting, removal or disposal in New York
City. The New York City Trade Waste Commission was established in 1996
by former Mayor Rudolph Giuliani and the New York City Council to regulate
and oversee private carters in New York City and assure that those carters
operate in compliance with all applicable federal and state laws. The
Commission is comprised of, among others, officers of the New York City
Sanitation Police and detectives from the New York City Police Department's
Organized Crime Investigations Division.
In announcing
the guilty pleas, MR. VINEGRAD stated, "Today's guilty
pleas and the defendants' agreements to be barred from the city's trade
waste industry demonstrate the serious consequences awaiting those who
evade their tax reporting obligations."
MR.
MACHALEK stated, "This prosecution is a result of successful
team work and cooperation by the Internal Revenue Service-Criminal Investigation
and the New York City Trade Waste Commission. This investigation uncovered
another kind of abuse by unscrupulous carters --the failure to report
and pay taxes on business receipts. I thank the Trade Waste Commission
for the opportunity to work with them in the pursuit of our investigative
mission and for the opportunity to assist the Trade Waste Commission in
cleaning up the industry."
CHAIRMAN
CASEY stated, "I wish to commend the members of the Trade Waste
Commission, the Internal Revenue Service-Criminal Investigation, New York
Field Office, the New York City Sanitation Police, the New York City Police
Department's Organized Crime Investigations Division, and the United States
Attorney's Office for the Eastern District of New York, who brought this
investigation and prosecution to this highly successful conclusion. I
am also pleased to announce that these guilty pleas today mark the Commission's
first criminal investigation brought to prosecution in the new administration
of Mayor Bloomberg and illustrate the ongoing commitment to maintaining
the carting industry as an m honest industry.
"This investigation
also underscores a commitment that I had made to the trade waste industry
when I was appointed Chairman: To level the 'playing field' in the market
place in which each of the carting companies regulated by the TWC operates,
and to ensure that the playing field remains level in order to provide
each of them with a fair opportunity to succeed in this market. When the
principals of carting companies cheat on their taxes, they gain an unfair
advantage over their competition who pay their fair shares of taxes and
comply with the law. This investigation, ensuing prosecution and lifetime
debarments of the principals now have restored the balance to the playing
field that these defendants had sought to tip in their favor."
If the guilty
pleas are accepted, the defendants will be sentenced by the Honorable
Frederic Block, United States District Judge. A sentencing date has not
yet been scheduled. Each defendant faces a maximum sentence of five years
incarceration, and a $250,000 fine or twice the tax loss resulting from
the charged tax fraud. In addition, as part of their guilty pleas, the
defendants each agreed to pay all back taxes, with interest and penalties.
The government's
case is being prosecuted by Assistant United States Attorney Andrew J.
Frisch.
|