As many of you are aware, much concern regarding our league was generated by this article from the Albany Times Union:
http://timesunion.com/AspStories/story.asp?storyID=778890#
The TU report was based on this public release from the NYS Dept of Taxation:
http://readme.readmedia.com/news/show/Albany-Bar-Owner-Faces-Felony-Tax-Charges/422653
For simplicity, I will present the full articles under the "Fair Use" doctrine.
From the Times Union:
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Albany bar owner faces sales tax charge
By DAVID FILKINS, Staff writer
First published in print: Thursday, March 12, 2009
ALBANY - A New Scotland Avenue bar owner faces multiple charges after allegedly failing to turn over more than $56,000 in sales tax money to the state.
State Department of Taxation and Finance officials said Andy Kung, 44, owner of Andy's Sports Bar, charged his customers sales tax for food and drink but failed to turn over the money he collected, which the state distributes a portion of to the county.
Kung, of Slingerlands, has been charged with second-degree grand larceny, a felony, and several counts of first-degree offering a false instrument for filing, also felonies, according to the state agency.
- David Filkins
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From the NYS Dept of Taxation:
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News from New York State Department of Taxation and Finance
For more information contact: 518-457-4242
Albany Bar Owner Faces Felony Tax Charges
ALBANY, NY (03/11/2009; 1636)(readMedia)-- New York State Department of Taxation and Finance Commissioner Robert L. Megna announced today that the owner of a bar on New Scotland Avenue was arrested recently on several felony tax fraud charges.
Andy Kung, 44, a Slingerlands resident and owner of Andy's Sports Bar & Grill on New Scotland Avenue in Albany, was charged with Grand Larceny in the 2nd Degree, a class C felony, as well as several counts of Offering a False Instrument for Filing in the 1st Degree, class E felonies.
A Tax Department investigation of Kung and his sports bar turned up evidence that Kung had charged his customers sales tax on the food and drink he served them, but failed to turn over the money he collected to the state, which then distributes a portion of the collected taxes to Albany County.
The criminal complaints allege that Kung filed false and fraudulent sales tax returns with the state, and failed to remit over $56,000 in state sales tax collections.
Commissioner Megna said, "The Tax Department is committed to exposing and prosecuting tax fraud. These crimes deprive state and local governments of legitimate tax revenue, and cheat customers of the sales tax they honestly paid. Especially during these difficult economic times, when both state and local governments are strapped, we are committed to insuring that all business operators play by the rules. Those who line their pockets with taxpayer money will be held accountable."
Kung faces up to 15 years in prison if convicted of the charges.
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We don't need a lawyer to appreciate the gravity of the charge, but before we cast aspersions toward Andy, we must remember that he is innocent until proven guilty. Despite 8 years of abuse by the previous administration, the Bill of Rights still exist. The 4th-9th amendments guarantee Andy and all of us due process, a public trial by jury and other important protections.*
It is naive, however, not to consider the potential impact of this charge to our league. To that end, the league has responded:
http://www.network54.com/Forum/196820/thread/1236899961/last-1236899961/LEAGUE+NEWS!!
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LEAGUE NEWS!!
March 12 2009 at 7:19 PM
No score for this post Frank Rogers, Commissioner (Premier Login cdfflwebsite)
Forum Owner
from IP address 74.76.148.51
After talking with the City of Albany and Andy's Sports Bar today everything is on schedule to start the league Monday April 27th. We have alot of new teams interested in joining so make sure you don't miss registration March 23rd and 24th. We have a competitor spreading rumors about the league for their own gain and we ask you to contact us (DPPI deleted contact phone numbers) with any questions or concerns.
frogers@nycap.rr.com
This message has been edited by cdfflwebsite from IP address 74.76.148.51 on Mar 12, 2009 11:23 PM
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Please notice the league response has been edited by the league.
Unless the NYS Tax Dept is starting a new softball league, the second part of the league response is ridiculous. On the other hand, the league president may be referring to the recent attempt by a rival league, Capital Region Men's Softball League, to attract Andy's League players; this attempt includes a rather suspicious email campaign.
Also, the league deleted a thread relating to the charges. That is their perogative, but why bother? The news is public information and the censorship by the league appears unscrupulous. Players and sponsors have a monetary interest in the league and are entitled to the information. As such, here is the text from the deleted post:
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Spring/Summer 2009?
March 11 2009 at 7:13 PM
Anonymous (Login B-Legs)
from IP address 74.76.166.102
Frank or Mike...Someone's gotta ask....Is this going to affect the league at all?
http://timesunion.com/AspStories/story.asp?storyID=778890#
Anonymous
(Login BHov)
67.242.195.14
More info...
http://readme.readmedia.com/news/show/Albany-Bar-Owner-Faces-Felony-Tax-Charges/422653
Scoring disabled. You must be logged in to score posts. Respond to this message
(Login CerealConcerned)
216.136.44.186
Of Course no answer
No score for this post March 12 2009, 3:09 PM
Of course there is no response face it people we have been ripped off and have been for years league fees increase and the only thing improved is field of dreams where no one but men's b1 and b2 play and the answer we get is they hit the ball further bs in my mind then why aren't there games a livingston or coyne those fields are way deeper than FOD just like the league fees increase and the beer we receive is lessened and quality is lessened from labbatt to coors light to effing keystone but wait you can upgrade to coors light for 1.50 a pitcher but if you buy the pitcher outright coors only costs .50 cents more hmm and who is to say that the league money isn't going to be used to pay off fines and other things of the like? Credibility has been seriously damaged here folks now i can't wait for the influx of "your a fag find another league" my response i already have eff you or the "uhh i give frank fellatio this is the best league ever" my response - eff you homo this is a shady run league and you are blind to it if any thinks that I'm paying a penny to this corrupt **** your wrong and guess what **** YOU IF YOU BASH ME YOU FAGGOTS
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The thread is presented in its entirety including the last rather rude and hostile entry. It's unfortunate the author of the last entry uses a pseudonym and lacks any semblance of grace or knowledge of the written language. I say unfortunate because many of his points have merit and are worthy of consideration. Criticizing the league--or anybody--in this manner is selfish and accomplishes nothing.
If the league had not deleted this thread, the confusing part regarding the response by the league president makes a bit more sense. But, we also notice he completely ignores the charge against Andy and any potential impact on the league--although he mentions the league is on track to start as scheduled. The insinuation is clearly caveat emptor leaving some teams sufficiently worried to explore registration in other area leagues.
This is all the information DPPI has collected to this point and we will present further information as a new post or as an addendum preceding this post. Our intention is to simply present information regarding our league in a fair manner. We do not represent the interests of any competing leagues or organizations nor do we wish to harm the league in any way. The article is based on unedited information freely available to the public.
If any league or state official wishes to remark or contest/correct facts presented in this article, please feel free to post a comment.
*As an aside, it strikes me as hypocritical for our government to muster the resources necessary to pursue alleged sales tax charges against a working person, but apparently it remains perfectly acceptable for our leaders to lie our nation into illegal wars of aggression, commit torture, kidnap "enemies of the state", execute "enemies of the state", and illegally spy on citizens.
