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Day County Man Sentenced in Grand Theft Case Involving Elderly Man

FOR IMMEDIATE RELEASE:   Wednesday, July 25, 2018 
CONTACT:  Sara Rabern (605) 773-3215   
  
PIERRE, S.D.  –   Attorney General Marty Jackley announced today that Gary Podzimek, 60, Bristol, has been sentenced in Fifth Circuit Court, Webster, Day County, to the following counts:

• one count of grand theft by deception, 10 years with 7 suspended in the state penitentiary
• one count of attempted grand theft by deception, 5 years with 2 suspended in the state penitentiary
• one count of deceptive act or practice, 2 years in the state penitentiary
• four counts of making a false or fraudulent sale tax return, 2 years for each count in the state penitentiary
• one count of failure to pay sales tax two or more times in a twelve-month period and two counts of failure to pay sales tax, 2 years in the state penitentiary
• two misdemeanor counts of failure to pay sales tax, 365 days with 270 suspended

All counts will run concurrent. Podzimek was ordered to surrender his sales tax license and will not be eligible to reapply for 10 years from date of release. He was ordered to pay restitution in the amount of $39,800 to the victim’s family.

“Podzimek swindled $39,800 from an 83-year-old victim for fraudulent vehicle repairs. The victim passed away without ever getting his vehicle back from Podzimek,” said Jackley. “Consumer fraud and preying on the elderly, will not be tolerated and the Attorney General’s Office will continue to make investigating and prosecuting these crimes a priority.”

Charges stemmed from unnecessary and unauthorized mechanical work that Podzimek performed on the victim’s 1976 Chevy pickup. In addition, Podzimek filed false or fraudulent tax returns which underreported the gross sales which his auto repair business earned during the tax reporting periods, and then only paid sales tax on that underreported amount. 
This case was investigated by Attorney General’s Consumer Protection Division, the Day County Sheriff’s Office, and the South Dakota Department of Revenue.   

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