April 12, 2012
The founder of a moribund chain of Brooklyn charter schools embezzled taxpayer funds and did not pay taxes on his earnings, then falsified documents to try to cover up his crimes, according to Attorney General Eric Schneiderman.
Schneiderman today announced that he was indicting Eddie Calderon-Melendez, the founding CEO of the Believe High Schools Network, on 11 felony charges including tax fraud, grand larceny, and tampering with evidence.
The indictment caps a lengthy investigation that was well underway when the state and city, citing massive mismanagement and financial improprieties, each moved to shut down the network this year. A major issue was the high management fees that Calderon-Melendez charged the network’s three schools. Last year, Williamsburg Charter High School failed to make rent after a sharp enrollment decline. The year before, the school sent students to an industrial space when its own building was not ready.
The state is letting one school in the network, Believe Northside Charter School, remain open, but the city earlier this month rejected an appeal by the flagship school, Williamsburg Charter, after concluding that it was about $5 million in debt.
Calderon-Melendez took home nearly $1.5 million while that debt accrued, according to Schneiderman’s indictment, which spells out a pattern of brazen theft. Investigators found that Calderon-Melendez paid no taxes on those earnings and used the school’s credit card to finance a personal trip to Europe. And when they started scrutinizing the school’s records, Calderon-Melendez fabricated documents and evidence to “throw investigators off his trail,” Schneiderman said in a press release about the charges.
Calderon-Melendez was forced out of the Believe Network’s leadership in February, years into Schneiderman’s investigation and months after the city and state had told the schools to sever their relationship with him or lose their right to operate.
Charter schools are publicly funded but privately managed, an arrangement that can create some opportunities for fraud that do not exist in district-managed schools. But charter schools that are mismanaged can be closed.
Schneiderman’s press release is below.
A.G. Schneiderman Secures Indictment Of Former Brooklyn Charter School Network Founder And CEO
Believe Network And Williamsburg Charter High School Leader Received Over $1.4 Million In Compensation And Never Paid Taxes To New York
After Taking Home Over $500K In 2009, Eddie Calderon-Melendez Charged European Vacation On School Credit Card
Schneiderman: Those Who Cheat Taxpayers And Abuse The Public Trust Will Be Prosecuted To Fullest Extent Of The Law
NEW YORK – Attorney General Eric T. Schneiderman today announced his office has secured an 11-count indictment of Eddie Calderon-Melendez, the founder and former CEO of the beleaguered Williamsburg Charter High School and Believe High Schools Network, a charter management organization. According to the Attorney General’s indictment, Calderon-Melendez received over $1.4 million in compensation from 2005 to 2010, yet he never filed a tax return and failed to pay over $70,000 in taxes.
Nearly all of Calderon-Melendez’s compensation during that period came, directly or indirectly, from taxpayer-funded charter schools. Mr. Calderon-Melendez then attempted to cover up his tax crimes by creating and submitting false New York tax returns to the Office of the Attorney General.
“While earning a six-figure salary funded largely by taxpayer dollars, the defendant robbed the state of New York of much-needed revenue when he failed to pay his taxes for six years in a row. He then compounded his crime by creating false evidence to throw investigators off his trail,” Attorney General Schneiderman said. “The charges announced today send a strong message that tax cheats and those who tamper with investigations will be prosecuted to the fullest extent of the law.”
The indictment, secured in Kings County Supreme Court, charged Melendez with 11 felony counts: two counts of Repeated Failure to File Personal Income and Earnings Taxes; two counts of Criminal Tax Fraud in the Third Degree; one count of Criminal Tax Fraud in the Fourth Degree; four counts of Tampering with Physical Evidence; one count of Grand Larceny in the Fourth Degree; and one count of Falsifying Business Records in the First Degree.
According to the indictment, at the end of 2009—a year in which he took home over $500,000—Melendez charged over $1,800 on the Williamsburg Charter High School’s credit card, to pay for expenses as part of a personal trip he took to Europe. In an effort to conceal this theft, Melendez then made false entries in the business records of the Charter High School.
Commissioner of Taxation and Finance Thomas H. Mattox, said, “Earlier this week, the Tax Department described its statewide efforts regarding personal income tax violations. I commend Attorney General Eric Schneiderman and his staff for today’s action, which underscores that non-compliance with income tax obligations will be an enforcement priority for New York State.”
The charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.
This investigation was handled by Assistant Attorney General Nicholas Suplina and Senior Counsel Emily Bradford, under the supervision of Taxpayer Protection Bureau Chief Randall Fox and Executive Deputy Attorney General for Criminal Justice Nancy Hoppock.