July 5, 2017 -- Westchester County District Anthony A. Scarpino, Jr. announced today that FreshMex, LLC and All American Burger, LLC pled guilty before Judge Larry Schwartz to:

  • one count of Criminal Tax Fraud in the Third Degree, a class “D” Felony and
  • one count of Grand Larceny in the Third Degree, a class “D” Felony.

Peter Spagnuolo (DOB 11/25/66) of 10 Cottage Place, White Plains, New York also pled guilty to:

  • one count of Petit Larceny, a class “A” Misdemeanor.

In a joint investigation carried out by the Westchester County District Attorney’s Office and the New York State Tax Department, it was determined that the defendants committed the above named offenses between March 1, 2009 and Jan. 31, 2015.

Spagnuolo owned two restaurant franchises at the food court located at the Westchester Mall, the Desert Moon Café and Nathan’s. He was required to collect sales tax from customers on behalf of New York State and to remit both sales tax payments and file sales tax returns.

The investigation revealed that the defendants failed to file sales tax returns for either business, and also failed to remit sales tax funds collected by each business to the New York State Tax Department. 

The total amount of sales tax funds collected and not remitted during this period was approximately $380,000.00. For tax years 2014 and 2015, the defendants failed to pay $67,927.

The defendant fully repaid the sales tax as well as personal income due and owing to the New York State Tax Department.

The defendant corporations were sentenced to a three-year conditional discharge and Spagnuolo was sentenced to a one-year conditional discharge.

Assistant District Attorney Nicole Gamble of the Economics Crime Bureau prosecuted the case.

Peter Spagnuolo

Peter Spagnuolo

In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.


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