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TRENTON
- Attorney General Paula T. Dow and Criminal
Justice Director Stephen J. Taylor announced
that a Gloucester County man was sentenced
to state prison today for failing to turn
over $487,975 in state and federal payroll
taxes on behalf of employees of his patient
transportation company.
According
to Director Taylor, James Gillespie, 46,
of Williamstown, was sentenced to five years
in state prison by Judge Irvin J. Snyder
in Camden County. He pleaded guilty on Feb.
14, 2011, to charges of second-degree theft
by failure to make required disposition
of property received and second-degree misapplication
of entrusted property and property of government.
Gillespie entered a civil consent judgment
to pay a total of $582,740 to the State
Division of Taxation and U.S. Treasury,
representing the back payroll taxes owed
by his company, plus penalties and interest
of $94,765 to be paid to the state.
In
pleading guilty, Gillespie admitted that
from 2001 through 2006, he failed to remit
payroll taxes withheld from employees of
his company, Wellness Enterprises Corp.,
totaling $487,975, consisting of $105,440
due the State of New Jersey and $382,535
due the Internal Revenue Service. Wellness
Enterprises, which was based in Cedar Brook
and did business as Excel Medical Transportation
Services, provided non-emergency patient
transportation services to hospitals, nursing
homes, assisted living programs and private
residences. It is no longer in operation.
The theft charge relates to the state taxes,
and the misapplication of entrusted property
charge relates to the federal taxes.
The
charges were contained in a June 10, 2010
state grand jury indictment obtained by
the Division of Criminal Justice Financial
and Computer Crimes Bureau. The indictment
is the result of an investigation by the
State Division of Taxation’s Office
of Criminal Investigation.
Deputy
Attorney General Denise Grugan prosecuted
the case for the Division of Criminal Justice
Financial and Computer Crimes Bureau and
represented the state at the sentencing.
Auditor Kevin Curry and Supervising Auditor
Debra Lewaine investigated the case for
the Division of Taxation’s Office
of Criminal Investigation.
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