YOUNGSTOWN Tax evader's tears fail to sway judge

The inmate's brother, who turned in a congressman, got probation.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Sobbing, wealthy businessman Robert T. Bucci told a federal judge he's lost everything and it will be impossible -- once he's out of prison -- to pay the $1.6 million he owes the IRS.
Bucci fled to Cuba in December 1998 to avoid prosecution. U.S. marshals and Drug Enforcement Administration agents worked with Panama officials to capture him May 18 in Panama City, where he'd gone on a business trip.
In August, the 57-year-old former Canfield contractor pleaded guilty to conspiracy to defraud the IRS, filing false tax returns and income tax evasion.
On Wednesday, U.S. District Judge Solomon Oliver Jr. sentenced Bucci to 41 months in prison, followed by three years' supervised release. The sentencing guidelines' range was 41 to 51 months.
Bucci will get credit for the time he's been in jail since May and the judge will recommend a prison near Jacksonville, Fla., where Bucci has family. With good time, Bucci could be out of prison in early 2006.
Bucci has paid $300,000 toward the $344,416 restitution he owes the IRS. The fines, penalties and interest owed total an additional $1.6 million.
Robert J. Rotatori, Bucci's Cleveland lawyer, told the judge that Bucci's new wife, a Cuban national, remains in Panama and cannot return to Cuba. She sold their assets in Panama to pay the $300,000, and whatever assets they had in Cuba were confiscated by the government there, Rotatori said in court.
Prosecutor's argument
Steven M. Dettelbach, an assistant U.S. attorney, told the judge that Bucci bought boats and a house and put them in others' names to conceal assets.
Dettelbach argued against Bucci's receiving less prison time for acceptance of responsibility, saying he obstructed justice by fleeing and didn't voluntarily surrender. The prosecutor said Bucci had a passport from Belize when caught.
Rotatori said Bucci cooperated with the government once in custody, providing information about Cuba's military facilities.
The judge, in denying Bucci credit for acceptance of responsibility, said Bucci's being on the run for 4 1/2 years weighed heavily in his determination.
Bucci, his hands clasped, struggled not to cry as he told Judge Solomon that he has nothing -- no job, no home and no money. He said his three young children and wife are out of the country.
He said it will be impossible to pay the $1.6 million he owes when released from prison with no job. "I don't know what I'm gonna do," he said, sobbing.
Judge Oliver said he didn't doubt the "sad circumstances" but pointed out that Bucci's actions brought on what has happened.
Past convictions
Bucci's criminal history was discussed before sentencing. In 1970, he was convicted of gross sexual imposition in California; in 1975, he was convicted of failure to file a tax return; in 1976, he was convicted of assault in Youngstown; and in 1990 he was convicted of filing false payroll reports.
Bucci and his brother, Anthony R. Bucci, once owned Asphalt Specialist Inc., then Prime Contractors, both in Girard. The government discovered that the Buccis had transferred millions of dollars to offshore accounts in the Cayman Islands from front companies they had created.
In February 2002, during the racketeering trial of then-U.S. Rep. James A. Traficant Jr., Anthony Bucci was a prosecution witness. Traficant, who never paid the Buccis for contracting work they did at his horse farm, instead interceded on their behalf with federal and state agencies whenever needed until 1996.
Told FBI about Traficant
In May 1999, Anthony Bucci, formerly of Liberty, pleaded guilty to mail fraud and conspiracy to defraud the IRS. Looking for a way to reduce his pending 18- to 24-month sentence, he went with his lawyer to the FBI in August 1999 with what he knew about Traficant.
The government then launched its investigation of Traficant, which ended with the 62-year-old Poland man's getting an eight-year prison sentence in July 2002. A jury found Traficant guilty of racketeering, bribery and tax evasion.
In June 2002, Anthony Bucci was sentenced to two years' probation, with the first six weeks confined to his Florida home.
"We all are required to pay our fair share and this case should serve as a reminder to those criminals who refuse to do so," U.S. Attorney Greg White said. "It is important that individuals like Mr. Bucci be held accountable."
White and IRS Special Agent Vince Williams, in charge of the Cleveland office, praised the investigative work by the IRS and U.S. Marshals Service.
"This is an example of the IRS' commitment to our nation's voluntary income tax system," Williams said.
U.S. Marshal Peter J. Elliott said the case demonstrates the strong commitment the marshals' service has to finding fugitives "wherever they may hide."
meade@vindy.com