BELLEVILLE – Charles J. Baricevic, Grey Chatham, and their firm were subjected to fines and penalties on their taxes, according to a complaint Chatham filed in St. Clair County circuit court on Nov. 19.
Chatham blamed the trouble on accountant Mark Diak and sought an order compelling Diak to deliver documents.
He wrote that Diak performed accounting services on behalf of plaintiffs for a considerable number of years, and that plaintiffs reasonably expected Diak to perform such services for taxable years 2015 to 2017.
Diak allegedly failed to perform the services in spite of representations that all had been filed.
“Plaintiffs, collectively and individually, were subject to various fines and penalties by both the state revenue service and the federal revenue service,” Chatham wrote.
He wrote that in order to comply with state and federal revenue laws, it was necessary that plaintiffs have all financial records in their possession.
Records have been requested, but Diak has allegedly refused to deliver them.
“Plaintiffs will continue to suffer irreparable injuries if their financial records are not returned to them,” Chatham wrote.
If Diak were ordered to return the records, plaintiffs would be able to comply with state and federal revenue laws. But, failure to return the records would prevent plaintiffs from timely filing documents, increasing penalties and interest, the suit says.
Chatham wrote that Diak had a fiduciary duty to plaintiffs, who placed a high degree of trust in him and relied heavily on his advice.
As of Nov. 26, Chief Judge Andrew Gleeson had not assigned a judge to the case.
Baricevic ran for Congress in 2016 against Mike Bost, and lost.
His father, John Baricevic, joined the firm two years ago after voters removed him from his position as chief judge.