The former head of a prominent Madison arts center pleaded
guilty Thursday to charges that he ran side businesses from his city office and
lied about his income to avoid taxes.
Robert�D’Angelo, former director of the Overture Center
for the Arts, pleaded guilty to one count of mail fraud and one count of filing
a false income tax return. In exchange, federal prosecutors dropped 37 other
counts of fraud, money laundering and tax charges contained in an indictment
returned last year.
The charges carry a maximum of 23 years in prison, but
D’Angelo, 63, faces far less time under federal sentencing guidelines. His
lawyer, Stephen Hurley, said his client might face about two years in prison
under the guidelines when he is sentenced on April 22.
Assistant U.S. Attorney Dan Graber said he was ready to
prove that D’Angelo ran two personal businesses using city computers, workers
and supplies. One of the businesses involved buying and selling used CDs and
books, and the other involved arts consulting work. Prosecutors say the two
endeavors brought in $238,000 in gross revenue over a five-year period.
The investigation turned into a First Amendment showdown
after online retailer Amazon.com refused a subpoena asking it to identify those
who bought books from D’Angelo. A federal judge ruled the customers have a
constitutional right to keep their reading habits from the government in what
Amazon lawyers called a landmark ruling.
The city hired D’Angelo to run its civic center in 1990, and
he later became the director of the Overture Center, a sparkling arts venue in
downtown Madison that hosts plays and concerts and houses an art museum.
A philanthropist gave the city $205 million to build the
center, which is across the street from the courthouse where D’Angelo pleaded
guilty to underreporting his 2004 income by $22,000 and using the mail to
defraud the city.
“I violated a fiduciary duty that I owed to the city of
Madison for personal gain,” D’Angelo said. At another point, he added:
“I signed tax returns knowing that I earned more money than I
reported.”
D’Angelo agreed to work with the IRS to correct his tax
liability between 1999 and 2005. He has already paid $37,955 in back taxes
under the deal, Graber said.
Graber said testimony would have showed D’Angelo violated
the city’s ethics code and hid his side businesses from three mayors. D’Angelo
abruptly retired in 2005 after he was accused of sexual harassment by a receptionist.
In a brief statement, D’Angelo said he mostly ran the
businesses from his home, but he occasionally did so from the office. He said
he often worked 12 hours per day and did private work during down time.
Graber painted a different picture, saying D’Angelo would
often skip work for part of the day to go to garage sales, sell goods to city
employees and spend hours hawking used books and CDs online. D’Angelo routinely
told the receptionist to hunt through newspapers to find garage sales he might
want to visit, he said.
“He spent much of his time during the work week on
these businesses” and bragged about how much money he made to co-workers,
Graber said.
D’Angelo, who won praise for his skills in booking shows and
promoting Madison’s arts scene, declined to comment while leaving the
courthouse.




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