Contact: Geoffrey Gloak, 518-457-7377
New York State Department of Taxation and Finance Commissioner Thomas H. Mattox announced today the sentencing of David E. Denue for stealing $366,680 from his employer, Esco Sales & Marketing, based in Boynton Beach, Florida.
On March 15, 2012, David E. Denue, 62, of 135 Irving Terrace, Buffalo, NY, pled guilty to Grand Larceny in the Second Degree. He also pled guilty to Repeated Failure to File New York Personal Income Tax Returns. Before the Hon. Thomas P. Franczyk, Erie County Court Judge, he admitted to embezzling the funds between 2004 and 2011 and pled guilty to Grand Larceny in the Second Degree, a class C felony.
Denue not only didn't report these embezzled funds as income on his tax returns, he failed to file any New York State personal income tax returns between 2005 and 2010. He pled guilty to a violation of New York State Tax Law Section 1802(a), Repeated Failure to File Personal Income Tax Returns for the tax years 2005 through 2007, a class E felony. His total tax liability is $22,437.
Denue was sentenced June 18 to a State prison term with a maximum of four years and a minimum of one and one-third years for each charge, to be served concurrently. He was also ordered to pay full restitution.
Commissioner Mattox said, "I am grateful that the Judge sent a strong message that these crimes are serious. On top of embezzling funds, this individual blatantly disregarded his duty to file income tax returns and pay taxes."
Commissioner Mattox thanked the Erie County District Attorney Frank Sedita III and Assistant District Attorney Gary Ertel for their hard work in prosecuting this case. The case was investigated by the Erie County District Attorney's Office and the Buffalo Criminal Investigations Division of the New York State Department of Taxation and Finance.
The Commissioner reminded the public that the Department offers programs such as the Voluntary Disclosure and Compliance Program that encourages delinquent taxpayers to become compliant without facing criminal prosecution or civil penalty. For more information about these programs, go to the Department's website at www.tax.ny.gov.