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NYRA Clerks Admit to Scam

18 November 2003

BALLSTON SPA, New York – As reported by the Saratogian: "Two former New York Racing Association betting clerks admitted their roles Monday in an identity-theft and tax-evasion scheme.

"The guilty pleas were offered in exchange for a promise of probation instead of jail time. Both James Boggiano, 59, and John Weisner, 41, agreed to cooperate fully with authorities.

"`The attorney general's investigation of NYRA is not yet over,' Assistant Deputy state Attorney General Meryl Lutsky said after the pleas were offered Monday in Saratoga County Court. 'This does not bring an end to our overall investigation or to this specific investigation.'

"…Here is how the scam worked, according to investigators: Bettors with winning tickets worth more than $600 have to go to special IRS windows to cash their tickets. There, they have the option of having the clerk deduct the maximum federal withholding of 28 percent on the spot or filling out a special W2 form and taking care of the tax debt when they file their income taxes.

"Boggiano admitted filling out those forms with stolen identities to help bettors avoid taxes 12 times at Saratoga Race Course and Belmont Park between June and September of 2000.

"…Authorities learned of the scheme once the victims whose identities were used got letters from the IRS telling them they owed money on track winnings. The average victim was on the hook for $20,000 in back taxes. Some victims had their wages garnished…"

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