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New Jersey Division of Taxation investigator indicted for stealing $6,630. August 28, 2009

Posted by jefhenningeresq in News.
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Attorney General Anne Milgram announced that a former investigator with the New Jersey Division of Taxation was indicted today on charges he used his access to taxpayer accounts in state computers to steal a total of $6,630.  The Division of Criminal Justice Corruption Bureau obtained an indictment charging Joseph Stack, of Toms River, with official misconduct (2nd degree), computer theft (2nd degree), theft by unlawful taking (3rd degree), tampering with public records or information (3rd degree), and falsifying or tampering with records (4th degree).

The charges are the result of an investigation by the New Jersey State Police Official Corruption Bureau and the Division of Taxation’s Internal Security Unit. The investigation originated as a result of an audit performed by the Division of Taxation’s Inheritance Tax Audit Unit.  It is alleged that between Aug. 1, 2005 and Aug. 31, 2006, Stack used his access to computer records of the Division of Taxation to steal money by making three unauthorized transfers of funds from the business accounts of two taxpayers – one deceased and one living – into the taxpayer accounts of his own deceased mother and a living relative.  The transfers totaled $6,630.12.

Making matter worse, Stack allegedly prepared state income tax returns on behalf of his deceased mother and the other relative claiming that the amounts transferred represented taxes that they pre-paid.  There is no word as to whether there is any pending IRS investigation as well. 

Stack’s employment with the Division of Taxation was terminated in March as a result of the investigation.  Thus, he clearly had an idea that this was going to come down.  Based upon my own experience of getting great result before indictment, I always wonder why these cases actually get indicted.  In other words, did he have an attorney working hard on this case?  Hopefully he did and there was nothing that attorney could do to prevent the indictment. 

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