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Department of Taxation and Finance

Buffalo Tax Preparer Pleads Guilty a Second Time to Filing Fraudulent Tax Returns She’s ordered to pay more than $10,000 and could face seven-year sentence after ignoring the terms of her previous sentencing

For Release: Immediate,

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

The New York State Department of Taxation and Finance today announced the guilty plea of a Buffalo tax preparer for preparing and filing fraudulent income tax returns.

Dorothea Fleming, 54, of 78 Sanford Street, pleaded guilty to 4th degree criminal tax fraud, a felony, in an appearance before Erie County Court Judge John L. Michalski. She admitted that she fraudulently inflated wages on returns she filed to increase the earned income tax credit paid to the taxpayer.

Fleming, who was employed as a tax preparer at Pro-File Tax and Insurance Coalition, formerly known as Capital Tax Service, also agreed to pay New York State $10,618. She could face a sentence of up to seven years in prison at her sentencing on July 31.

Fleming previously pleaded guilty on October 22, 2014 to two misdemeanor counts of offering a false instrument for filing. After violating the terms of her sentence in that case, she was resentenced on March 4, 2016. She then ignored that sentence’s prohibition against preparing returns for one year.

“This tax preparer had every opportunity to do the right thing, but it appears that she purposely decided to again violate the law,” said Acting Commissioner Nonie Manion. “I thank the Erie County District Attorney’s Office for its diligence in prosecuting this case.”

New York is one of just four states that regulate the tax preparer industry. Taxpayers who use the services of paid tax preparers are entitled to protection from unfair treatment. The Consumer Bill of Rights Regarding Tax Preparers describes your rights and contains important information about how to protect yourself from unfair practices.

If you're aware of a tax preparer who has engaged in illegal or improper conduct, you can file a tax preparer complaint online or contact the NYS Tax Department at 518-530-HELP (option #2). The information is kept confidential. The Tax Department promptly reviews each complaint, and takes corrective action when appropriate.

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