Chairman of Needham tax assessors office charged with felony tax evasion

By David Abel, Globe Staff

The elected tax assessor of Needham was arraigned in federal district court today on charges he failed to pay more than $100,000 in taxes on money he allegedly filched from an elderly woman, prosecutors said.

Kevin Foley, 53, who is also a longtime firefighter in Needham, pleaded not guilty to three counts of “willfully attempt[ing] to evade and defeat the income tax due … by concealing and attempting to conceal from all proper officers of the United States of America his true and correct income.”

“I wish not to comment,” Foley said after claiming to be indigent and in need of a public defender. A public defender representing him today declined to comment.

He was released on $50,000 bail and on condition that he have no contact with a 77-year old Needham woman, whom he allegedly stole money from, or her family.

Assistant US Attorney Robert A. Fisher said in court that Foley has failed to pay his taxes over the past 20 years.

“That’s including taxes on legally earned income,” Fisher said, noting Foley knew the woman well.

In the indictment, a grand jury charged that Foley withdrew cash from the woman’s bank accounts and purchased money orders for his personal use; endorsed checks drawn from her bank accounts to pay personal expenses including his mortgage; transferred money from her account to his bank accounts; used her ATM card to withdraw money for his own use; and withdrew money from her account to purchase a cashier’s check, which he used to by a boat for himself.

The indictment alleges Foley failed to pay $115,552 on nearly $500,000 in income between June 2006 and April 2010.

Neither the alleged victim nor her family members could be reached for comment.

Needham Town Manager Kate Fitzpatrick said the town is reviewing the charges and will decide soon whether he should be suspended from his position as a firefighter, which he has been since 1987. He was elected tax assessor in 2007.

“The town’s expectation is that our employees will conduct themselves to the highest moral and ethical standards, and we will act expeditiously to address illegal activity or other improper conduct,” she said in a statement.

If convicted, Foley could be sentenced to a maximum of 15 years in prison and be required to repay the taxes he owes.

He will have to reappear in court on June 16.