Restaurant Owner Sentenced for Failure to Pay New York State Sales Tax

Modified: January 29, 2020 12:20pm

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Erie County District Attorney John J. Flynn announces that 60-year-old James Rath of Lake View has been sentenced by Erie County Court Judge Kenneth Case to a one year conditional discharge. 

The defendant, who is the owner of Wanakah Grill in the Town of Hamburg, admitted that he failed to pay $40,661.63 in state sales tax between March 1, 2014 and February 28, 2018 while operating his restaurant.

Rath pleaded guilty to one count of Attempted Grand Larceny in the Fourth Degree, a Class “A” misdemeanor, on September 19, 2019. He has since paid full restitution to the New York State Dept of Taxation and Finance.

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 Karen Korkuc of the DA’s Special Investigations and Prosecutions Unit.