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Press Release

Berkeley County Couple Charged With Tax Evasion

For Immediate Release
U.S. Attorney's Office, Northern District of West Virginia

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Tara Tighe, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA – A Falling Waters, West Virginia couple was charged with failing to pay nearly $120,000.00 in federal income taxes, United States Attorney William J. Ihlenfeld, II, announced today.

In a ten-count information filed today, Frank J. Picone, 48, and Toni A. Picone, 43, were each charged with five counts of “Failure to File a Personal Income Tax Return.” An Internal Revenue Service, Criminal Investigation inquiry revealed that the couple failed to file personal income tax returns for tax years 2008 through 2012.

The defendants, who own Rocky’s New York Pizza in Hagerstown, Maryland, each face up to one year in prison and a fine of up to $250,000.00 on each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.

Assistant U.S. Attorney Robert McWilliams, Jr. is prosecuting the case on behalf of the government.

An information is an accusation. A defendant is presumed innocent unless and until proven guilty.

Updated January 7, 2015