Tax evasion added to theft counts for ex-Charlton fire district treasurer
Updated 10:02 p.m.
BALLSTON SPA The woman accused of stealing as much as $500,000 from the Charlton Fire District now has been indicted on tax evasion and fraud charges.
Virginia DeCapria, the district’s former secretary-treasurer and the wife of former Fire Chief Dean DeCapria, was indicted Tuesday on 17 charges spanning five tax years. A Saratoga County grand jury heard the evidence from the state Tax Department and determined there was enough evidence to bring charges.
She is scheduled to be arraigned Thursday in Saratoga County Court on the new charges. DeCapria, 52, of 773 Charlton Road, Charlton, is currently free on $75,000 cash bail posted for the previous charges filed against her.
Prosecutors say she filed inaccurate tax returns by not declaring as income the money she stole in 2006 through 2010.
“She received refunds to which she was not entitled,” said Debra Kaelin, assistant district attorney. “She under-reported her income.”
Cashing the refund checks amounted to theft, Kaelin said.
The Tax Department referred the case to the Saratoga County District Attorney’s Office, which presented the information to the grand jury, she said.
She faces five charges of felony fourth-degree criminal tax fraud, one for each year; four counts of felony first-degree offering a false instrument for filing; two counts of felony fourth-degree grand larceny; four counts of misdemeanor criminal tax fraud; and two counts of misdemeanor petty larceny.
Previously, DeCapria was indicted in November 2011 on nine charges, the most serious being second-degree grand larceny. She has pleaded not guilty and that case is scheduled for trial March 18, Kaelin said. “We’re really going full speed ahead preparing for trial on that case,” she said.
In that first case, DeCapria could be sentenced to up to 15 years in state prison. On the second case, if she got consecutive sentences for each charge, she could get up to 36 years in prison, Saratoga County District Attorney James A. Murphy III said.
DeCapria is accused of stealing the money from the volunteer fire district when she was in charge of the books over a six-year period ending in January 2011.
She spent it on iPods, laptops, plastic surgery, cigarettes and frozen food for herself and her family, Murphy said. The state comptroller discovered the missing funds during an audit.
In July, DeCapria filed for a bail reduction request, saying she needed some of the money to hire a marital attorney. Judge Jerry J. Scarano denied that request. With the new charges, Murphy said his office plans to ask for an increase in bail.