District Attorney Hoovler Announces Restitution Payment To Developmentally Disabled Man

June 12, 2018

Couple Sentenced on Tax Crimes for Failing to Report $35,783.67
Obtained from Developmentally Disabled Man

Orange County District Attorney David M. Hoovler announced that on Friday, June 8, 2018, John Quick, 68, and his wife, Mary Quick, 63, both from the Town of Goshen, were sentenced in Orange County Court for tax crimes they admitted committing involving the failure to report over $35,000 they had obtained from a developmentally disabled man living on their property, as well as other income. As part of the disposition in that case, Orange County Court Judge William DeProspo issued a restitution order compelling the Quicks to pay $35,783.67 to the man.

On April 19, 2018, John Quick pled guilty to one felony count of Criminal Tax Fraud in the Third Degree, and Mary Quick pled guilty to Criminal Tax Fraud in the Fifth Degree, a misdemeanor. At the time that they pled guilty, the Quicks admitted that they had not only failed to file New York State personal income tax returns for the taxable year 2012, but also failed to report as income a sum of money that they had obtained from the developmentally disabled man that had been living in living quarters that had been set up in a barn on their property.

The investigation into the matter commenced when the New York State Police received a complaint that the developmentally disabled man living on the Quick’s property was asking neighbors for food, notwithstanding that he was receiving social security and disability income. The man, who is no longer living on the Quick’s property, is now receiving assistance from Orange County Adult Protective Services. Subsequent investigation revealed that the Quicks had failed to properly report their income on New York State tax filings, including failing to report over $35,000 that they had received from the man. After the Quicks were informed that they were the subject of a criminal investigation, they belatedly reported the income. At the sentencing, defense attorneys noted that the Quicks had paid all the taxes, interest, and penalties associated with their previously underreported income. Prosecutors noted that they did so only after being informed that they were the subject of a criminal investigation into their taxes.

At the time of sentencing prosecutors recommended that each of the Quicks be sentenced to some jail and probation. In addition to ordering the restitution for the benefit of the developmentally disabled man, the court sentenced John Quick to a conditional discharge that included 500 hours of community service and Mary Quick to a conditional discharge and 200 hours of community service.

​District Attorney Hoovler thanked the New York State Police for their investigation and for the arrest of the Quicks. District Attorney Hoovler also thanked Orange County Adult Protective Services for aiding the developmentally disabled man and for their assistance in the case. District Attorney Hoovler also thanked the Criminal Investigations Division of the New York State Department of Taxation and Finance, which aided in the investigation.

The cases were prosecuted by Senior Assistant District Attorney Kerry Kolek.

“These defendants admitted intentionally committing tax crimes, and only properly filed their returns after they knew they were the subject of a criminal investigation,” said District Attorney Hoovler. “I am grateful that we were able to obtain a disposition in this case which resulted in this developmentally disabled man getting his money back. I can’t overstate the importance of neighbors and other concerned citizens reporting crimes when they believe someone is being victimized. The work of the New York State Police and Orange County Adult Protective Services has resulted in this developmentally disabled man now being in a better situation. I thank the New York State Department of Taxation and Finance for all their assistance in this case.”

A criminal charge is merely an allegation that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State’s burden to prove guilt beyond a reasonable doubt.