Holt Statement on Guilty Plea

Erie County Legislator George A. Holt, Jr. (D-Buffalo) announced that following today’s session of the Erie County Legislature, he will appear in Erie County Supreme Court to enter a guilty plea to two misdemeanor violations of the state’s Sales Tax Law.

The plea relates to two quarterly sales tax returns filed in 2004 for Mattie’s Restaurant on Fillmore Avenue. His plea will be to violations of Section 1817, which relates to accurate reports of sales for this business, owned and operated by Mr. Holt together with his wife, Mattie Holt. The plea will be entered before Erie County Supreme Court Justice Richard C. Kloch.

“Mattie’s is a small business which has been in operation since 1974. We have invested a great deal of ourselves in this restaurant. Like a lot of small businesses, we have at times found it difficult to keep up with the bookkeeping necessary to insure the accuracy of our sales reporting,” Legislator Holt said. “And during these times, my leadership position has truly become a full-time responsibility, with so much at stake for our community. Of course, I realize that this is not an excuse for failing to keep completely accurate business accounts.”

Based on estimates compiled by the District Attorney and the New York State Department of Taxation and Finance, Mr. Holt has agreed to pay full restitution in the amount of approximately $37,600, less than $20,000 of which is actual sales tax. It is anticipated that, based on the discussions between Mr. Holt’s attorney, Mark J. Mahoney, and the judge and the office of District Attorney Frank J. Clark III, represented by Assistant District Attorney James Auricchio, that the District Attorney will not ask for, and the Court will not impose, any jail sentence as a result of this plea.

My payment of this amount will completely satisfy the obligation of Mrs. Holt and myself to the Department of Taxation and Finance for sales tax, interest or penalties for the period that was under investigation,” Mr. Holt said. “There are no further charges or matters under investigation.”

Mr. Holt told his fellow legislators: “I must make it clear that there is nothing in this plea I will enter, or in the investigation by the District Attorney, that reflects adversely in any way on the integrity or performance of my duties as a member of this Legislature.

“As you know, rumors and reports of this investigation have circulated for sometime. This has been very painful to me and my family, and it is painful and embarrassing to be reporting these events to you now,” Mr. Holt continued. “But I am proud of our little business, and the hard work, especially by my wife, that got us where we are, and the support of our patrons. But there is never success without pitfalls. Going through the public and private difficulties in the past few years will have made me a stronger and wiser person, better able to focus on the real priorities in my public and private lives. And I will continue to strive for success in serving our community in both capacities.”

Anticipating questions on his political intentions, Mr. Holt stated: “I definitely intend to continue to serve as representative and advocate for my constituents in the 3rd Legislative District, despite this prosecution. I have always served sincerely, in both heart and mind, through the sometimes enormous difficulties we face in our day to day lives. We sometimes fail, no matter how hard we try, reminding us that we are all human, and therefore, imperfect creatures.”

Mr. Holt asked his fellow legislators and constituents to “continue to grant me your support, enthusiasm and prayers.” The actual sentencing is not expected to take place before Judge Kloch for at least two months.