Gary Barbera spared prison time in tax case

A federal judge this afternoon sentenced prominent car dealer Gary Barbera - who had pleaded guilty to filing false tax returns for two years - to three years' probation, with the first year under home detention with electronic monitoring.

U.S. District Judge Jan DuBois said he found Barbera's history of charitable giving, in both money and time, to be "truly exceptional." He also noted that Barbera, 46, of Gladwyne, has no prior criminal history and is not likely to offend again.

Under house detention, Barbera can go to work at his Chryslerland dealership on Roosevelt Boulevard, travel for business purposes, go to doctor's appointments, attend religious services and shop for his or his family's needs, the judge said.

Still, the judge said the period of home detention "is not fun," with Barbera having to wear an electronically monitored ankle bracelet, which "will be a constant reminder of the seriousness of the offense."

Assistant U.S. Attorney Mary Crawley asked the judge to sentence Barbera within the advisory sentencing guideline range of 10 to 16 months in prison, saying he acted "out of greed" and a message should be sent to the public that "greed does get punished."

After the hearing, she simply said: "The government accepts the sentence."

Barbera, and his attorneys, Stephen LaCheen and tax expert Dermot F. Kennedy, all declined comment afterward, inching away from a reporter who approached them.

In court, LaCheen spoke of Barbera's charitable work, including time spent with West Philadelphia High School's award-winning automotive team.

Barbera pleaded guilty in May to one count of filing false tax returns for the years 2003 and 2004, cheating Uncle Sam out of $77,675 in taxes.

Evidence showed that he did not report income he received from so-called "Dealer Reward" checks he received from Chrysler Financial Services.

He also deducted personal expenses on his income tax forms as if they were legitimate business expenses.

The judge yesterday also ordered Barbera to pay restitution to the Internal Revenue Service of $119,744.55, which covers the tax loss plus interest, and $30,000 in court fines.

The prosecution said both amounts will be paid out of an anticipated tax refund Barbera is expected to receive of $274,000.