The New York State Tax Department announced today that a Suffolk County jeweler was sentenced on Wednesday, October 9 to three years probation and ordered to make full restitution of $48,569 for collecting sales tax at his business but failing to remit the funds to the State.

Peter Messina, 62, of 3 North Avenue, Northport, appeared in Suffolk County Court and was sentenced by the Hon. Stephen L. Braslow.  Messina is the owner of Messina Brothers New York, Ltd., a jewelry store located at 251 Main St., Huntington.

The defendant pled guilty to Petit Larceny, a class A misdemeanor.  He failed to report taxable sales in the amount of $731,473, resulting in the underreporting of sales tax in the amount of $48,569.  As part of his sentencing, he agreed to pay the State the back tax of $48,569 during his probation, plus $49,256 in penalties and interest, bringing the total restitution to $97,825. 

The case was investigated by the Tax Department’s Criminal Investigation Division and prosecuted by the Suffolk County District Attorney’s office.

“We thank District Attorney Thomas J. Spota and his team for his prosecution of this case,” said Commissioner Thomas H. Mattox.  “Businesses that collect sales tax hold those funds in trust for the State and local governments.  Our Department – with the cooperation of local authorities – will vigorously investigate anyone who violates this trust by profiting from these funds.”

Each year, New York State businesses collect nearly $25 billion in sales tax from their customers. Businesses transmit the funds to the Tax Department for state programs and distribution to local governments.

Taxpayers who believe a business hasn't collected the proper sales tax, or has collected it but failed to remit the money collected to the State, can report tax evasion and fraud online at the Tax Department's Web site or by calling 518-457-0578. The information is kept confidential.

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In New York State, 96% of taxes are paid by businesses and individuals who voluntarily meet their tax responsibilities. The remaining 4% is collected through the Tax Department's audit, collections and criminal investigations programs. Through its enforcement programs, the Department ensures fair tax administration for all New Yorkers.