Pizza Accountant Sentenced for Federal Tax Offense | USAO-CT

Leonard C. Boyle, Acting United States Attorney for the District of Connecticut, announced that JAMES G. GUERRA, 59, of Dix Hills, New York, was sentenced today by U.S. District Judge Victor A Bolden in Bridgeport to three years’ probation, the first two months Guerra must spend in house arrest, for a tax offense. Judge Bolden also ordered Guerra to perform 100 hours of community service.

According to court documents and statements made in court, Guerra worked as an accountant for Bruno DeFabio, owner of several pizzerias in Connecticut and New York, including Pinocchio Pizza LLC, doing business as Pinocchio Pizza in New Canaan, Connecticut; Top Oven Restaurant Corp., doing business as Pinocchio Pizza in Wilton, Connecticut; DiFabio Brothers Pizza Corp., doing business as Amore Pizza in Scarsdale, New York; Odell Pizza, Inc., carrying on business as Amore Cucina and Bar in Stamford, Connecticut; Nepperhan Restaurants Group, Inc., doing business as ReNapoli Pizza, in Old Greenwich, Connecticut, and Homefield Restaurant Corp., doing business as Pinocchio Pizza in Pound Ridge, New York.

DiFabio and his companies engaged in a practice whereby cash was withdrawn from cash registers and not deposited in restaurant operating bank accounts, and Guerra knew that DiFabio used to pay its employees in cash. Although Guerra knew that DiFabio did not collect the required withholding taxes from its employees and, in turn, did not pay those taxes to the IRS, Guerra reviewed and approved DiFabio’s quarterly tax returns that DiFabio has. then signed and filed with the IRS.

On January 25, 2021, Guerra pleaded guilty to one count of assisting in the willful failure to collect and pay withholding taxes.

On October 25, 2018, DiFabio pleaded guilty to one count of conspiring to file false income tax and payroll tax returns. On May 6, 2021, he was sentenced to 30 days in jail and sentenced to $ 816,954 in restitution.

On September 24, 2018, DiFabio’s business partner in some of its restaurants, Steven Cioffi, pleaded guilty to one count of aiding and assisting in filing a false income tax return. On April 27, 2021, Cioffi was sentenced to 30 days in jail and ordered to pay $ 122,177.59 in restitution.

On June 4, 2019, Idalecia Lopes Santos, the company’s accountant, pleaded guilty to one count of tax evasion. On March 30, 2021, she was sentenced to three years of probation.

This investigation was conducted by the Internal Revenue Service, Criminal Investigation Division. The case was continued by Assistant US Attorney Christopher W. Schmeisser.

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