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Mr. Robert M. Morgenthau, District Attorney February 19, 2006
New York County District Attorney’s Office
One Hogan Place
New York, NY 10013
Dear Mr. Morgenthau,
I am writing to you about a very insidious form of identity theft that was perpetrated on me by my former employer, MR. HELMER TORO, owner and president of H&H Bagels, 2239 Broadway, NY,NY 10036 212-595-8000.
Two months after leaving Mr. Toro’s employ, in October, 2005, I received a Notice and Demand for Taxes Due from the New York State Department of Taxation and Finance naming me as an officer in one of Mr. Toro’s entities, WEST MIDTOWN LP, and dunning me for $20,000 that Mr. Toro had been assessed in payroll taxes that he had apparently withheld from employees’ salaries and neglected to remit to the state.
I was simply employed as a manager at H&H Bagels’ 46th Street location and at no time had I ever consented to be an officer in any of Mr. Toro’s business entities. At no time did I sign any documents of incorporation, nor did I sign any returns to be submitted to the state.
When I contacted Mr. Toro’s office, his counsel, Jorge Delgado, refused to answer any inquiries about how my name had appeared as an officer in this entity, characterizing the matter as a “misunderstanding” and an “error.” He said that if I submitted to him the documentation I received from the state, he would “try to clear it up.”
Not having any confidence in Mr. Toro’s integrity, I ignored this offer and filed a formal letter of protest, return receipt requested, detailing the aforementioned facts (see attachments) with the State Department of Taxation.
On February 17 of this year I received another assessment from the Department of Taxation, this time stating that if I did not make arrangements to pay the full amount by March 14, the Department would take action against me. When I called the Department, after being shifted from officer to officer, I was told that there was no record of my letter of protest, and that I would have to send proof of my first letter and start the process all over again. When I insisted that I was a victim of fraud and identity theft, the officer, a Mr. Beckford, told me that there was nothing he could do, nor would he direct me to an investigative officer with whom I could file a complaint.
Let me restate – I was listed by Mr. Toro as an officer of West Midtown LP without my knowledge or consent, and am being pursued for funds that I have nothing at all to do with. However, the Department’s records now list me as being delinquent.
When I e-mailed Mr. Toro’s office this past week with a protest, all I received was a terse response that if I forwarded the documentation to them, they would, “in the interest of the company, try to clear it up.”
I am being victimized by Mr. Toro, who is a thoroughly unscrupulous, unprincipled and, I don’t believe I am overstating the case, criminal individual. I am clearly the victim of blatant identity fraud and forgery. I am formally requesting that the District Attorney’s office investigate this matter and check into the authenticity and legality of West Midtown LP.
I know for a fact that Mr. Toro is engaged in various forms of unethical activity in terms of his payroll practices, but I always stayed well clear of his financial dealings. Always behaving ethically myself, I operated on the principle that you can’t cheat an honest man (that premise is being put to the test). As soon as the economic situation in New York improved, I left his employ and found another job.
Please investigate Mr. Toro and West Midtown LP and help me disentangle myself from the monstrous tentacles of this corrupt individual. I guarantee that you will unearth enough nefarious activity to form the basis for multiple complaints.
Please feel free to contact me at any time for any cooperation that I might be able to contribute.
Thank you for your consideration in this matter.
Very truly yours,
200motels
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Posted on 2/19/2006
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