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TRENTON
– 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.
According
to Criminal Justice Director Deborah L. Gramiccioni,
the Division of Criminal Justice Corruption
Bureau obtained a state grand jury indictment
charging Joseph Stack, 58, 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 troubling that an investigator whose duties
involved enforcing state tax requirements
and preventing fraud is instead charged with
using his access to state computers to alter
tax records and steal money,” said Attorney
General Milgram. “This is a serious
breach of the law and the public trust placed
in him.”
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, including transfers
of $6,184.02 and $300 into his deceased mother’s
account from the business account of the other
deceased taxpayer, and a transfer of $146.10
into the account of Stack’s living relative
from the business account of the living victim.
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.
Stack’s
employment with the Division of Taxation was
terminated in March as a result of the investigation.
“We
will continue to work closely with other state
agencies to ensure that when suspicious conduct
is detected involving government employees,
it is thoroughly investigated,” said
Director Gramiccioni. “In this case,
a Division of Taxation audit uncovered evidence
of tampering involving state tax records,
which led to a joint investigation involving
Taxation, the New Jersey State Police and
the Division of Criminal Justice. Taxpayers
must be able to rely on the integrity of state
records.”
Deputy
Attorney General Pearl Minato presented the
case to the state grand jury for the Division
of Criminal Justice Corruption Bureau. The
investigation was led for the State Police
Official Corruption Bureau by Detective Glenn
Sefick and Detective Sgt. Myles A. Cappiello.
The investigation was led for the Division
of Taxation’s Internal Security Bureau
by Special Investigators Carolyn Fox and Ken
Johnson.
Second-degree
crimes carry a maximum sentence of 10 years
in state prison and a $150,000 fine, while
third-degree crimes carry a maximum sentence
of five years in prison and a $15,000 fine.
Fourth-degree crimes carry a maximum sentence
of 18 months in prison and $10,000 fine. The
indictment is merely an accusation and the
defendant is presumed innocent until proven
guilty.
The
indictment was handed up to Superior Court
Judge Linda R. Feinberg in Mercer County.
The case is assigned to Mercer County, where
Stack will be ordered to appear at a later
date to answer the charges.
Attorney
General Milgram and Director Gramiccioni noted
that the Division of Criminal Justice Corruption
Bureau has established a toll-free Corruption
Tipline 1-866-TIPS-4CJ. Additionally,
the public can log on to the Division of Criminal
Justice Web page at www.njdcj.org
to report suspected wrongdoing. All information
received through the Division of Criminal
Justice Corruption Tipline or Web page will
remain confidential.
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