The New York State Department of Taxation and Finance announced today the arrest of a Monroe County restaurant owner for failing to pay the State sales tax he collected from his customers.

Todd Posner, 51, of 8 Autumn Place, Pittsford, NY, was arraigned before the Hon. Steven M. Donisky in Henrietta Town Court and charged  with one count of Grand Larceny, seven counts of Offering a False Instrument for Filing, and four counts of Criminal Tax Fraud.  He was released on his own recognizance and ordered to reappear in court on January 23.

According to court documents, Posner, the owner of Bruster’s Ice Cream, 2755 East Henrietta Road in Henrietta, near Rochester, collected between March 2010 and November 2012 sales tax in the amount of $56,488 from his customers – but failed to remit those funds to the State as required by law.

The alleged crimes were investigated by the Tax Department’s Criminal Investigations Division and will be prosecuted by the Office of Monroe County District Attorney Sandra Doorley.

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.

A criminal complaint is merely an accusation and the defendant is presumed innocent until proven guilty.