Three attorneys, an accountant and a doctor were arrested Tuesday for failing to file a combined total of more than $365,000 in state personal income taxes, Nassau prosecutors said. The arrests were part of a statewide sweep by the New York State Department of Taxation and Finance (NYSDTF).
The attorneys who were charged with failure to file a personal income tax return include 47-year-old David Mollon of Great Neck, 50-year-old Kelly Talcott of Sea Cliff and Dennis O’Leary, 57, of Westbury. Facing the same charge is 53-year-old Gerald Gartner of Lawrence, a certified public accountant, and 62-year-old Avelino Rosales of Cedarhurst, a physician.
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All except Rosales were also charged with criminal tax fraud. They will be arraigned Tuesday at First District Court in Hempstead.
Mollon failed to file state tax returns from 2006 to 2008, during which time he earned more than $1.79 million and failed to pay more than $117,000 in taxes, prosecutors said.
Talcott allegedly failed to file state tax returns from 2002 to 2005 and again in 2008, during which time he earned more than $2.68 million and failed to pay more than $111,000 in taxes.
Gartner failed to file state tax returns from 2005 to 2008, during which time he earned more than $1.5 million and failed to pay more than $68,900 in taxes, prosecutors said.
Rosales allegedly failed to file state tax returns from 2002 to 2006, during which time he earned more than $1.179 million and failed to pay more than $44,000 in taxes.
O’Leary failed to file state tax returns from 2004 to 2008, during which time he earned more than $763,000 and failed to pay more than $23,000 in taxes, prosecutors said.
“We are arresting increasing numbers of tax cheats who simply do not file returns,” NYSDTF Acting Commissioner Jamie Woodward said in a statement. “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.”
Cornell Bouse, attorney for Dennis O’Leary, characterized the arrests as “selective enforcement,” adding that he estimates there are more than 1,000 people who haven’t filed their taxes in two years or more. “He’s a fine attorney who comes from a long line of fine attorneys,” Bouse said. He said that his client will plead not guilty.
Attorneys for Mollon, Gartner and Rosales did not immediately return calls for comment. Edward Lieberman, attorney for Talcott, declined to comment but said his client will plead not guilty.
“The five defendants arrested today have gotten rich by stealing hundreds of thousands of dollars from honest taxpayers across this state,” Nassau County District Attorney Kathleen Rice said in a statement.
Rosales and O’Leary face up to four years in prison, if convicted. Mollon, Talcott and Gartner face up to seven years in prison.





[...] DA: 5 Men Failed to Pay Income Taxes | Long Island PressThree attorneys, an accountant and a doctor were arrested Tuesday for failing to file a combined total of more than $365,000 in state personal income taxes … Facing the same charge is 53-year-old Gerald Gartner of Lawrence, a certified public accountant, and 62-year-old Avelino Rosales of Cedarhurst, a physician. [...]
The retardation industry needs investigation. The take tax money because their clients can’t work – -then take job training money too! Bosses make 3 figure saleries, workers make 7 bucks an hour no benefits!!
Notice how only the WHITE MEN were charged??????
I dont know about CLEAN. It is playing with tax payers money. The Government funds the business. The employee dont want to pay taxes. The funding keeps increasing. At the end, the low level employees suffer. Wait a minute, Gartner started working for the NON PROFIT BUSINESS in 2005. Does it mean he didnt file taxes from when he started working for that NON FOR PROFIT BUSINESS??? …LMFAO
The business where Gartner works is clean. They had no idea. But I agree that these people seem pretty stupid with all the money they were making.
Gerald Gartner made $1.5 million and failed to pay $68,500 in taxes? The numbers don’t add up. A full blown Investigation should be done on the business where he made that money. It appears there is more to the story.
Oh Boy, are you advocating armed revolution? are you also saying these 5, if found guilty, are actually patriots doing their own form of civil disobedience? or would they just be greedy tax cheats who believe they are better than everyone else?
While I don’t like picking up the tab for those who don’t put in with the rest of us, I have to admit that I don’t disagree with those who don’t want to hand over their wealth to a corrupt state or federal taxation system.
Seems to me if more people had the rocks to tell the various taxing agencies to take a flying leap, we’d have many less taxes perpetrated on all of us.
Unfortunately we live in a state dominated by a small minority which has managed to steal and manipulate the system away from the voters.
Ballots or Bullets? Doesn’t seem as if ballots work any longer.