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White Plains Business Owner Implicated In $380K Tax Fraud Case

Peter Spagnuolo.
Peter Spagnuolo. Photo Credit: Westchester County District Attorney's Office

WESTCHESTER COUNTY, N.Y. - A White Plains man has pleaded guilty in connection to a tax fraud case involving FreshMex and All American Burger.

Peter Spagnuolo, 50, also pleaded guilty to a misdemeanor charge of petit larceny, Westchester County District Attorney Anthony Scarpino, Jr. announced on Wednesday.

FreshMex LLC and All American Burger, LLC had pleaded guilty to felony charges of third-degree tax fraud and grand larceny.

According to Scarpino, a joint investigation between the Westchester County District Attorney’s Office and New York State Tax Department determined that the defendants committed their offenses during a stretch between March 1, 2009 and Jan. 31, 2015.

Spagnuolo owned two of the restaurant franchises in the food court at Westchester Mall - the Desert Moon Cafe and Nathan’s - Scarpino said. He pleaded guilty to failing to file sales tax returns for either business and failed to remit sales tax funds collected by each business to the New York State Tax Department.

In total, Spagunolo pleaded guilty to not remitting an estimated $380,000 in sales tax funds. In 2014 and 2015 alone, the defendants failed to pay a total of $67,927. He has since fully repaid the sales tax as well as personal income due to the Tax Department, Scarpino noted.

The corporations have been sentenced to a three-year conditional discharge. Spagnuolo was sentenced to a one-year conditional discharge.

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