Lawyer is federally indicted over $185K in allegedly unpaid payroll taxes
A well-known Oregon criminal defense attorney has been federally indicted over nearly $185,000 in payroll taxes that he allegedly did not pay.
The 10-count indictment (PDF) in the Portland case accuses Gary Bertoni of willfully failing to transmit to the feds between 2009 and 2011 income tax, social security and Medicare payments that were withheld from employees’ paychecks at his law firm, reports the Oregonian.
Bertoni was the firm’s sole owner and general manager during this period, and he controlled its bank accounts, the indictment says.
He is represented by attorney Ron Hoevet, who suggested that Bertoni may have been selectively prosecuted.
“I did some research,” Hoevet told the newspaper. “In the last 15 years in the District of Oregon, there’s only one other case where someone has been charged for willful failure to pay over his employment taxes. I think Gary’s being targeted because he’s a criminal defense lawyer and he’s had a scrape with the bar.”
In 2012, Bertoni’s law license was suspended for 150 days due to his violation of attorney ethics rules concerning the management of client funds held in trust. An Oregon State Bar web page (scroll down) says he kept incomplete records, deposited personal funds and withdrew client money before it was earned during a period of about 21 months. However, the errors were negligent and no client suffered a loss. The Oregonian reported on the suspension at the time.
Bertoni is being prosecuted by the tax division of the U.S. Department of Justice.
