GLOVERSVILLE - The case against local attorney J. Paul Kolodziej, who has been accused of felony tax fraud, is headed to a Fulton County grand jury, officials said this morning.
Fulton County District Attorney Louise Sira said the case has been put on the grand jury calendar for the fall. Kolodziej was charged in January, but his case has been adjourned five times since then. The latest adjournment was in August.
Sira said after several adjournments, it is the responsibility of the district attorney's office to move the case forward.
"The office isn't inclined to agree to any more adjournments," she said. "He certainly has a right to plead not guilty and continue to profess his innocence, but we have an obligation to move the case forward and out of City Court."
At the time of the last adjournment, Sira said it was not uncommon for a tax-related case to be adjourned several times because of the complex nature of such cases.
Kolodziej, 56, who has a private practice in Gloversville, also has been a lawyer for the Fulton County Economic Development Corp. for more than 20 years. He also has worked as an attorney for the Fulton County Industrial Development Agency.
He is charged with two counts of criminal tax fraud and four counts of failing to file timely returns. The state Department of Taxation and Finance claims he did not file tax returns for 2002-07. According to the department, Kolodziej took in about $1.5 million during that time and owes about $84,000 to the state.
Kolodziej, who could not be reached for comment, could face up to seven years in jail if he is convicted.
Sira said Kolodziej's attorneys and the attorneys for the state tax department have been trying to work out a plea agreement for months but have been unsuccessful. Several offers have been made but were not agreed upon, she said.
"They've worked hard to come to an agreeable arrangement but they've fallen short of that goal," she said. "[Kolodziej] is not obligated to accept any plea agreement."
At a Fulton County Board of Supervisors Economic Development Committee meeting Tuesday, EDC President Michael Reese said Kolodziej is no longer working for company. Reese said while Kolodziej was still working several months ago, it was only so Kolodziej could finish some work he had already started.
Earlier this year, Reese said Kolodziej was on "retainer" with the agency through 2009 through an agreement both sides signed. That retainer was not extended through 2010.
Earlier this year, the Fulton County Board of Supervisors opted not to reappoint Kolodziej to a new three-year term on the county Planning Board. He was due to be reappointed to a term expiring Dec. 31, 2012 and previously had served as chairman.
Kayleigh Karutis covers Gloversville news. She can be reached at gloversville @leaderherald.com.