State contractor
admits IRS guilt
Concedes
claiming personal expenses as costs on public jobs
By MICHAEL P. MAYKO
BRIDGEPORT - The owner of an electrical contracting
company that worked for the Tomasso Group on a controversial
state project pleaded guilty Wednesday to 21 federal charges,
including filing a false 2000 income tax return and defrauding
the Travelers Insurance Co. in a mail fraud scam.
Kurt C. Claywell, 51, owner of Claywell Electric Co. Inc. and
Claywell Inc., both of Simsbury, pleaded guilty to making
false statements on his 2000 federal income tax return and
billing his now-deceased father's long-term care insurance
policy for 18 months of fictitious nursing home stays. Each of
those bills was for about $8,000.
The guilty pleas come at a time when a federal grand jury is
investigating the manner in which the state awarded contracts to
the Tomasso Group, a New Britain-based developer with ties to
former top aides of Gov. John G. Rowland. Claywell worked for
Tomasso on the Juvenile Training School in Middletown, a project
being examined by the FBI. Tomasso has not been accused of any
wrongdoing.
Claywell's guilty plea to 21 of 31 charges before U.S.
District Judge Janet C. Hall on Wednesday was unusual. First,
both Assistant U.S. Attorney William A. Nardini and Claywell's
attorney, Stanley A. Twardy Jr., told the judge that no plea
agreement had been reached, as is the usual case in a guilty
plea. They also advised her that the remaining 10 charges would
be tried and not dismissed at sentencing, as is normally the
case.
Nardini also advised Hall he opposed giving Claywell any
break during sentencing for pleading guilty to the 21 charges.
Nardini accused Claywell of creating fake accounting
documents for his business, which falsified personal
expenditures as legitimate business expenses.
The documents claimed the altered expenses were incurred
while the company performed electrical work on the Juvenile
Training School in Middletown, the Stamford Superior Courthouse
and the Hartford Public Library.
The documents were given to the IRS.
The false records were created for an IRS audit.
Prosecutors made no claim that state money paid for any of the
items.
A federal grand jury indictment alleges that the personal
expenses included the purchase of a speedboat, various household
appliances, a $43,578 birthday party for his wife and his son's
tuition at the prestigious Cushing Academy.
Payment for the birthday party was written off on falsified
Claywell Electric internal records as representing work done on
the Juvenile Training School and a Claywell employee conference
with state Department of Public Works officials, according to
the indictment.
The indictment also alleges that Claywell's son's tuition was
written off on company records as expenses for the Juvenile
Training Center, while the speedboat and appliances were written
off as expenses for the Stamford courthouse project.
The indictment alleges that Claywell failed to report any of
these expenses paid by his company on his federal income tax
returns.
Twardy, one of Claywell's three lawyers, said the defense
disputes several of the charges.
Nardini said Claywell also failed to report interest,
dividends and stock sale profits derived from accounts
controlled in a fictitious pension plan for Inter-Island Holding
and Development Inc., a Bahamas-based corporation he created.
Claywell admitted he deposited more than $1.5 million from
the sale of his house into that plan in 2000.
Nardini claimed none of that interest was among the $173,298
in income Claywell reported on his 2000 return.
Bernard Sullivan, the former head of the Hartford and State
Police, who is now a Tomasso vice president, confirmed that
Claywell Electric was a subcontractor for the Tomasso Group on
the Juvenile Training School project.
However, Sullivan said Claywell has not performed any work
for Tomasso since that project. Sullivan added he's only been
with Tomasso for two years and could not assess Claywell's work.
During the court session, Hall questioned Claywell for more
than two hours to determine if pleading guilty was what he
really wanted to do.
Both Claywell and Twardy agreed that they wanted to go
forward with the guilty pleas, which carry a maximum 103-year
prison term.
Claywell still faces charges of conspiring to impede the IRS
by submitting the false internal accounting documents, filing
false 1996 through 1999 personal tax returns, underreporting
wages on quarterly employment tax returns and possessing a
firearm despite having a federal conviction for embezzling money
from a pension fund.
Claywell's guilty plea comes less than 12 hours after a certified public accountant who worked for Claywell, waived indictment and pleaded guilty before Hall.
In documents filed in federal court here, he agreed that he and Claywell conspired to create false documents given to the
IRS.
During the proceedings, he signed a four-page letter
agreeing to cooperate with the ongoing probe and be interviewed
by FBI Special Agent William Grattan, U.S. Postal Inspector Mark
Borofsky and IRS Special Agent Thomas Mulligan.
He faces up to five years in prison and a $250,000
fine during his July 29 sentencing.
Hall did not set a sentencing date for Claywell because of
the possibility of a trial on the additional charges.
Michael P. Mayko, who covers legal issues, can be reached at
330-6286.
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