The New York State Department of Taxation and Finance and the Rockland County District Attorney’s Office today announced the arrest and arraignment of the owner of D & D’s Restaurant and Pub, located at 191 South Main Street, New City, for allegedly failing to file sales tax returns and turn over more than $488,000 collected from customers.

Thomas Schunke, 38, of 102 Robin Hood Lane, West Nyack, NY turned himself into investigators from the New York State Tax Department and the District Attorney’s office. He is charged with five felony counts of criminal tax fraud and one felony count of grand larceny. 

He’s accused of collecting $488,000 in sales tax from his customers from 2012 to 2018 and failing to pay that money to New York State, as required by law. In addition, he’s charged with failing to file sales tax returns from 2014 to 2018.

He was arraigned at Rockland County Court on June 27 following a grand jury indictment. He is scheduled to return to court on July 3.

“Business owners who disregard their obligation to pay the sales tax they collect violate the trust of their customers, deprive the communities where they operate of revenue needed for vital services, and put similar businesses at a competitive disadvantage,” said New York State Commissioner of Taxation and Finance Michael R. Schmidt. “We will continue to work closely with our partners in law enforcement to bring tax criminals to justice, and we thank the Rockland County District Attorney for prosecuting this case.”

"As a matter of law, business owners must turn over sales taxes collected from customers,” said Acting Rockland County District Attorney Kevin Gilleece. “By purposefully evading his tax obligations, this defendant defrauded the state and all law-abiding taxpayers. My office will continue working with the New York State Department of Taxation and Finance to identify unscrupulous business owners and hold them accountable."

A criminal complaint is only an accusation; the defendant is presumed innocent until proven guilty.

Report fraud

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.