Henderson
mary ellizabeth
Henderson says predecessor to blame for Malio's error
By MICHELLE PELLEMANS of The Tampa Tribune
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TALLAHASSEE - The FBI is investigating how her current managers turned a
$185,000 tax bill into a $6,000 credit.
Cynthia Henderson announced Wednesday that she is ending her regulatory
agency's ``extensive review'' of the tax controversy involving Malio's Steak
House.
In a statement, Henderson said an internal investigation she ordered by her
Department of Business and Professional Regulation ``clearly confirms'' that
the practices of employees who served the agency during the Chiles
administration ``caused this problem.''
Henderson's statement focused on an audit done in 1998 that found the
popular Tampa restaurant owed $184,510 in unpaid alcoholic drink taxes. But
it omits comment on her own office's role in wiping out that debt and then
issuing Malio's a $6,263 credit.
Spokesman Henry Fiur said Henderson was unavailable for comment Wednesday.
Henderson alludes to allegations of ``inappropriate'' acts by the former
employees in connection with the finding that Malio's owed a tax debt.
Asked who had alleged ``inappropriate'' actions in connection with the
finding that Malio's owed the state money, Fiur said the allegations
appeared in The Tampa Tribune. The newspaper never reported such an
allegation.
The only challenge to the tax debt came from Malio's restaurant, which asked
Henderson to reconsider the debt.
The controversy followed. State lawmakers, for instance, immediately ordered
the state's auditor general to investigate.
Since then, Henderson's internal investigator, Reginald Ofuani, has
disclosed that the FBI may also be investigating the elimination of the debt
and issuance of the tax credit.
The order dismissing the debt was signed by Joe Martelli, Henderson's
director of Alcoholic Beverages and Tobacco. Martelli remains the director.
The credit resulted when Henderson asked her general counsel, Bill Woodyard,
to review the $184,510 tax debt. Woodyard still works for the agency.
About the original finding that Malio's owed a tax debt, Henderson said: ``I
can say without hesitation that had this matter arisen under my new
management structure, with the reforms I have initiated and will continue to
initiate, such confusion would have been avoided.''
Henderson's statement said little about the auditor general's review, which
suggested Tuesday it will take a state ``investigative agency'' with the
power to take ``sworn statements'' to determine if ``favoritism'' lead to
the cancellation of the tax debt.