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Kennebunkport Man Sentenced For Tax Evasion And Unemployment Fraud
August 2, 2011
AUGUSTA – Attorney General William J. Schneider announced today that Brian Bartley, 59, of Kennebunkport, was convicted on all counts in a 20 count indictment that included charges of theft of sales tax, income tax evasion, theft by deception and unemployment fraud.
York County Superior Court Justice Arthur Brennan sentenced Bartley, part owner and general manager of the Kennebunkport restaurant Bartley’s Dockside, to 3 years of incarceration with all but 9 months suspended and 3 years of probation. Bartley was ordered to pay back $87,365 in restitution which represents the money stolen, income tax evaded and recent restaurant taxes that he failed to pay since the criminal prosecution began in September 2009.
Bartley pleaded guilty in March of this year following an investigation covering 2003 through 2007. Each year Bartley regularly stole a portion of the sales tax customers paid to the restaurant and used that tax money for personal use. He also used the restaurant as a vehicle for income tax evasion by having it pay tens of thousands of dollars in personal expenses for him and his family, including mortgage and automobile payments, home utility bills and personal credit card expenses.
Although the restaurant operated as a year-round business, Bartley fraudulently applied for and received thousands of dollars in unemployment compensation.
Bartley was previously convicted in Maine, along with his father, James Bartley, of similar restaurant related tax offenses in 1991. Both served 3 months in jail. Over the course of several years the state collected the $200,000 in restitution for which Bartley, his father and the restaurant were responsible.
“All Maine taxpayers bear the responsibility for paying their fair share under state tax laws,” said Attorney General Schneider. “Businesses entrusted with the collection of state taxes must pay these taxes over to the state and not use them for personal gain. With so many people out of work and struggling to pay their bills, it is inexcusable that an individual would fraudulently seek and receive unemployment benefits he does not deserve. We will continue to work with Maine Revenue Services to pursue and prosecute anyone who attempts to steal tax money or defraud the state.”
This case was investigated by the Maine Revenue Services’ Criminal Investigations Unit. Assistant Attorney General Gregg D. Bernstein handled this matter for Attorney General Schneider’s Financial Crimes and Civil Rights Division.
CONTACT: Brenda Kielty (207) 626-8577