Restaurant Owner Pleads Guilty to Tax Fraud

Modified: December 14, 2018 10:09am

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Erie County District Attorney John J. Flynn announces that 47-year-old Sergio Mucino of Buffalo pleaded guilty before Erie County Court Judge Susan Eagan to one count of Criminal Tax Fraud in the Second Degree, a Class “C” felony. The defendant pleaded guilty to the highest sustainable charge.

The defendant is the former owner and operator of four Mexican restaurants: Don Tequila on Allen Street in the City of Buffalo, El Agave on Union Road in Cheektowaga, La Divina on Delaware Avenue in Kenmore, and La Divina on Transit Road in Clarence.

Between March 2012 and November 2016, the defendant admitted to committing tax fraud by under-reporting the sales tax collected at his restaurants. The total tax amount owed is $205,108.02.

Mucino faces a maximum of 15 years in prison when he is sentenced on Wednesday, February 27 at 9:30 a.m. He was released on his own recognizance.

DA Flynn commends the New York State Department of Taxation and Finance for their assistance in the investigation.

The case was prosecuted by Assistant District Attorney Kelley A. Omel of the DA’s Special Investigations and Prosecutions Bureau.