DAVID JELENIK and JELENIK CONSTRUCTION CO., sentenced today to 3 years’ probation and restitution of $200,000 payable to the NYS Tax and Finance Department for previous plea to Criminal Tax Fraud in the Fourth Degree, a Class E felony and Attempted Repeated Failure to File Personal Income Tax Returns, a Class A misdemeanor in Saratoga County Court. Saratoga County District Attorney James A. Murphy, III announced today that David A. Jelenik, DOB 7-20-1960, of 176 Fifth Avenue, Saratoga Springs, New York, and his construction company, Jelenik Construction Co., LLC, was sentenced to pay $200,000 to the NYS Department of Tax and Finance for the taxes he failed to pay and was placed on a 3 year term of probationary supervision by Judge Jerry J. Scarano, in Saratoga County Court today. The sentencing relates to his previously entered plea of guilty by Jelenik Construction to Criminal Tax Fraud in the Fourth Degree, a Class E felony (Tax Law Section 1803), in relation to charges arising from his failure to file and pay taxes for tax years 2005-2008 in his capacity as the head of his construction company, Jelenik Construction, Co., LLC. The sentencing also relates to a previously entered plea of guilty by Jelenik as an individual to a second charge, Attempted Repeated Failure to File Personal Income Tax Returns (Penal Law Section 110 and NY Tax Law Section 1802(a) ) a Class A misdemeanor, for failing to file and pay taxes in his individual capacity as an employee of the construction company. Jelenik’s failure to pay the $200,000 restitution as ordered by the Court could result in the defendant being sentenced to up to 4 years in state prison. The New York State Department of Tax and Finance determined that the amount of tax, penalties and interest that was due and owing the Tax Department was $200,000 and advised the Saratoga County District Attorney’s Office that was the restitution amount. As a result, in addition to requiring the felony and misdemeanor pleas of guilty, the DA’s Office also insisted upon full restitution so that the taxpayers of the State of NY would be fully reimbursed. DA Murphy said “In this case the Tax Department was our complainant and referred a case to the office. Assistant DA Debra Kaelin marshaled the facts and worked closely with the Tax Department to resolve this in a way that satisfies both Tax and the taxpayers. Jelenik’s failure to file and pay taxes in a timely manner allowed him to live a lifestyle at the expense of the taxpayers of Saratoga County. Despite the fact Jelenik had no prior record, we and the NYS Tax Department both felt a felony and a misdemeanor conviction were appropriate. ” Assistant DA Debra Kaelin said “The ultimate goal is that the Tax Department is made whole and that each of us need to pay our taxes in an honest and timely manner.” The victim, the NYS Tax and Finance Department was satisfied that the interests of justice were served by today’s sentence. Hon. James A. Murphy, III Saratoga County District Attorney Director and Past Chair NYS District Attorney’s Association 25 West High Street Municipal Center Ballston Spa, NY 12020 518-885-2263 wk 518-884-8627 fax DA website: www.jimmurphyda.com Follow me on Twitter: @JimMurphyIII
DAVID JELENIK and JELENIK CONSTRUCTION CO., sentenced today to 3 years’ probation and restitution of $200,000 payable to the NYS Tax and Finance Department for previous plea to Criminal Tax Fraud in the Fourth Degree, a Class E felony and Attempted R
