Dallas restaurateurs plead guilty to tax crimes

James Halpin, The Citizens' Voice, Wilkes-Barre, Pa.
·2 min read

Mar. 31—The owners of a Back Mountain restaurant pleaded guilty Wednesday to federal charges alleging they failed to turn over hundreds of thousands of dollars in payroll and income taxes, the U.S. Attorney's Office said.

Andrea Tomasino, 70, and his son Giuseppe Tomasino, 44, co-owners of Tomasino's Ristaurante Italiano in the Dallas Shopping Center, pleaded guilty to felony charges of failing to collect and pay taxes, prosecutors said.

Prosecutors said the Tomasinos were responsible for collecting and paying payroll taxes, including Federal Insurance Contribution Act taxes, to the Internal Revenue Service.

However, from the first quarter of 2014 through the first quarter of 2019, the pair jointly "willfully failed to pay" $95,710 in payroll taxes, prosecutors said.

According to their plea agreements, Andrea Tomasino also failed to pay $118,637 in personal income taxes during the relevant period, while Giuseppe Tomasino failed to pay $110,089 in personal income taxes.

Prosecutors said the total tax loss attributed to Andrea Tomasino is $214,347, while the total tax loss attributed to Giuseppe Tomasino is $205,799.

IRS Criminal Investigations filed the charges against the Tomasinos last June.

As part of their plea agreements, the Tomasinos will be required to make full restitution — $214,347 for Andrea Tomasino and $205,799 for Giuseppe Tomasino — and must fully disclose all financial assets to the prosecution. They are also required to submit to government interviews, authorize the government to complete credit checks and to complete truthful statements about their finances within two weeks.

U.S. District Court Judge Robert D. Mariani accepted their pleas Wednesday and will impose sentence at a later date.

The pair face a maximum sentence of up to five years in prison, a $250,000 fine and three years of probation, according to their plea agreements.

Prosecutors said they reserve the right to recommend a sentence of up to the maximum penalty based on what they consider to be "appropriate based upon the nature and circumstances of the case."

Contact the writer: jhalpin@citizensvoice.com; 570-821-2058