Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

You are here

Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of West Virginia

Thursday, March 12, 2015

Berkeley County couple convicted of tax evasion

MARTINSBURG, WEST VIRGINIA – Frank J. Picone, 49, and Toni A. Picone, 44, both of Falling Waters, West Virginia, were convicted in federal court today after they admitted to tax evasion, United States Attorney William J. Ihlenfeld, II, announced.

The defendants, who own Rocky’s New York Pizza in Hagerstown, Maryland, each admitted that they failed to file personal tax returns for tax years 2010 and 2011. They each pled guilty today to two counts of “Failure to File a Personal Income Tax Return.” They each face up to one year in prison and a fine of up to $100,000.00 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. The Internal Revenue Service - Criminal Investigation is leading the investigation.

U.S. Magistrate Judge Robert W. Trumble presided.

Updated January 8, 2016