skip banner navigation new york state banner - this will open a new window
Home | Forms | Find Answers | e-file | Individuals | Businesses | Tax Professionals | Contact Us
Four Pizzeria Owners In Western New York Face Felony Sales Tax Charges


FOR RELEASE:
IMMEDIATE, Monday
July 14, 2008

New York State Department of Taxation and Finance Commissioner Robert L. Megna announced today that four pizzeria owners in Erie and Niagara Counties have been arrested in separate cases for filing false sales tax returns that underreported their taxable sales by a total of $2.5 million, thus defrauding the State of New York of more than $200,000 in sales tax revenue.

The four pizzeria owners being charged are:

Robert K. Nye, owner of Jaco's Pizzeria, located at 7202 Buffalo Avenue, Niagara Falls, in Niagara County.  Nye is charged with eight counts of offering a false instrument for filing and eight counts of filing false returns between March 1, 2006 and February 29, 2008.  It is alleged that Nye failed to report over $1.3 million in taxable sales resulting in a loss of more than $110,000 in sales tax receipts. Nye was arraigned in City Court of Niagara Falls.

Richard M. Teso, owner of Teso's Pizza Café, located at 10325 Main Street, Clarence, in Erie County. Teso is charged with 12 counts of offering a false instrument for filing and twelve counts of filing false returns between March 1, 2004 and February 28, 2007. It is alleged that Teso failed to report over $235,000 in taxable sales resulting in a loss of more than $20,000 in sales tax receipts. Teso was arraigned in the Town Court of Clarence.

John P. Carroll, of Poppa's Pizzaria (sic) located at 452 Oliver St., North Tonawanda, in Niagara County.  Carroll is charged with nine counts of offering a false instrument for filing and nine counts of filing or intentionally aiding in the filing of false sales tax returns between June 1, 2005 and August 31, 2007.  It is alleged that Carroll failed to report over $300,000 in taxable sales resulting in a loss of more than $24,000 in sales tax receipts.  Carroll was arraigned in the Town Court of North Tonawanda. 

Jason Majewski, owner and sole shareholder of Kathy's Keepers, Inc., doing business as the Pizza Works, located at 712 Maple Road, Williamsville, in Erie County.  Majewski is charged with ten counts of offering a false instrument for filing and ten counts of filing false returns between June 1, 2004 and November 30, 2006.  It is alleged that Majewski failed to report over $690,000 in taxable sales resulting in a loss of over $58,000 in sales tax receipts.  Majewski was arraigned in the Town Court of Amherst.

Each count of offering a false instrument for filing in the first degree is a class E felony punishable by up to four years in prison.  The misdemeanor charges of filing false returns are punishable by up to a year in jail.

Commissioner Megna said "In the past year, the Department has significantly increased its commitment to combating tax fraud as part of our effort to close the tax gap.  Our newly formed Special Investigations Unit (SIU) is working across the state with local district attorneys to expose and prosecute those who engage in tax fraud.  We are targeting cash businesses that underreport their taxable sales and defraud customers and cheat the State of sales tax revenue."

These cases were investigated by auditors and investigators from the Buffalo District Office and the Special Investigations Unit of the New York State Department of Taxation and Finance.

Commissioner Megna thanked the New York State Police for its assistance in processing the arrests and Niagara County District Attorney Michael J. Violante and Erie County District Attorney Frank Clark for their prosecution of these cases. 

All of the defendants are presumed to be innocent unless and until proven guilty. 
                                                                   

#####


Careers | Site Index | Electronic Services | Publications and Bulletins | Web Survey
Accessibility | Disclaimer | Privacy | Security


Last Modified: July 16, 2008