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Department of Taxation and Finance

Elmsford Landscape Business Owner Arrested for Grand Larceny Charged with withholding $269,000 from employee paychecks, but not remitting the tax to NYS

For Release: Immediate,

For press inquiries only, contact: James Gazzale, 518-457-7377

The New York State Department of Taxation and Finance announced today that the owner of a landscape and masonry business in Elmsford has been arrested and charged with grand larceny.

Peter M. Pergola, 36, of 93 Halstead Ave., Harrison, the owner of Northeast Landscape and Masonry Associates, 3 West Main St., Elmsford, was arraigned March 11 in Elmsford Village Court and released on bail.  He was charged with one count of Grand Larceny in the Second Degree, a felony; his company was charged with the same crime.

An investigation uncovered evidence that the company collected Withholding Tax from its employees but failed to remit those funds to the Department as required by law.  According to court documents, Pergola, for the years 2009 through 2014, collected but did not remit approximately $269,000 in taxes due.  He also failed to file the correct number of quarterly tax returns.

The case was investigated by the Tax Department's Criminal Investigations Division and will be prosecuted by the Westchester County District Attorney's office.

A criminal complaint is an accusation and the defendant is presumed innocent until proven guilty.

In New York State, 96% of taxes are paid by businesses and individuals who voluntarily meet their tax responsibilities. The remaining 4% is collected through the Tax Department's audit, collections and criminal investigation programs. Through its enforcement programs, the Department ensures fair tax administration for all New Yorkers.

Report fraud
You can report tax evasion and fraud online at the Tax Department's Web site or by calling 518-457-0578. The information is kept confidential.

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