The New York State Department of Taxation and Finance, along with Erie County District Attorney John J. Flynn, today announced Fiorella’s Landscaping, LLC, pleaded guilty to felony grand larceny.

The business paid nearly $69,000 in restitution for sales tax it collected and failed to pay as required to the Tax Department between June 2011 and December 2015. The case was referred to Tax Department investigators after an auditor found that the business hadn’t filed quarterly sales tax returns or remitted sales tax collected for that period.

“Sales tax provides vital revenue to local communities for services and programs, especially critical now amid this pandemic,” said New York State Commissioner of Taxation and Finance Mike Schmidt. “We will continue to partner with all levels of law enforcement, including the Erie County District Attorney’s Office, to bring those guilty of tax crimes to justice.”

“I am pleased to announce that this landscaping business pleaded guilty to a felony charge, but also paid restitution for the sales taxes that they failed to pay for several years. My office will continue to work with New York State Department of Taxation and Finance and prosecute any company that breaks the law in New York State,” said Erie County District Attorney John J. Flynn.  

Fiorella’s Landscaping, LLC, located at 55 Delaware Street, Tonawanda, also paid more than $26,000 for its underreporting of sales tax between December 2015 and September 2019.

This case was prosecuted by the Erie County District Attorney’s Office.

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You can report tax evasion and fraud online at the Tax Department's website or by phone at 518-457-0578. The information is kept confidential. The Tax Department promptly reviews each complaint and takes corrective action when appropriate.