Hudsonhubtimes.com

Attorney asks for continuance in former CEO's sentencing

July 26, 2009

by Tim Troglen

Reporter

Hudson -- Sentencing has been postponed for a former CEO of a Solon company who pleaded guilty to charges that he "fraudulently obtained" more than $800,000 from the firm he owned.

David N. D'Anza, 55, of Hudson, had been scheduled to be sentenced July 14 in U.S. District Court in front of Judge Dan Aaron Polster.

At the request of Jay Milano, D'Anza's attorney, the sentencing has been continued until Aug. 17.

Milano said July 21 that he asked for the continuance to "try and handle all the cases Dave D'Anza is involved with."

Court records show D'Anza is facing several civil suits stemming from his business.

"He is in a difficult position," Milano said. "It's a very short step from being a successful entrepreneur ... and pleading guilty to a federal crime."

D'Anza pleaded guilty April 21 to the felony charges, which included one count of mail fraud and three counts of filing false income tax returns, according to federal court records.

"He took money from a company he owned," Milano said of his client. "And he did it in ways that were technically and legally incorrect -- it happens to a lot of people on the way up."

According to Milano, he is trying to "make sure everything is settled before we go to the judge and his sentencing -- to make sure [D'Anza] is seen in the light that he really should be [seen in]."

Assistant U.S. Attorney John D. Sammon said D'Anza could face up to 29 years in prison if convicted. He added that there was no plea deal with D'Anza.

D'Anza is the former president, chief executive officer and chairman of the board of directors for of W.P. Hickman Systems Inc. in Solon, according to court documents.

A Dec. 3 indictment alleged that from November 2002 through July 2007, D'Anza "fraudulently obtained money from Hickman" by setting up a $734,500 fake consulting agreement. The indictment also alleged D'Anza submitted false invoices totaling $66,070 for work that was to have been done to Hickman's warehouse and parking lot, but was actually done to D'Anza's home.

The U.S. Attorney's office also alleges "D'Anza filed false income tax returns for the years 2004, 2005, and 2006" and that he failed to report $554,410 "on which there was additional taxes due and owing of $186,865."