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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

Friday, September 11, 2015

Lewiston Man Pleads Guilty To Tax Charge

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jon DiBernardo, 51, of Lewiston, NY, pleaded guilty to tax evasion before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of five years in prison, a fine of $100,000 or both.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendant was the owner of Water Street Landing, a restaurant in Lewiston, NY. Between 2006 and 2009, DiBernardo submitted tax returns to the Internal Revenue Service understating business revenues thereby evading payment of income tax. In addition, the defendant paid employees off the books and as a result failed to pay employment taxes.

DiBernardo failed to report a total of $419,221 in taxable income resulting in a loss of $111,377 to the IRS. In addition, the defendant failed to report $285,705 in employee wages resulting in a loss of $43,712 to the IRS.

The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen.

Sentencing is scheduled for January 20, 2016 at 1:00 p.m. before Judge Arcara.

Updated September 14, 2015