Former El Agave pleaded guilty to tax fraud

BUFFALO – The former owner of El Agave restaurant pleaded guilty to Criminal Tax Fraud in the Second Degree before Erie County Court Judge Susan Eagan, according to Erie County District Attorney John J. Flynn.

Sergio Mucino, 47, of Buffalo admitted to committing tax fraud by under-reporting the sales tax collected at his restaurants between March 2012 and November 2016.  The total tax amount owed is $205,108.02.

He is the former owner and operator of four Mexican restaurants: Don Tequila on Allen Street in the City of Buffalo, El Agave on Union Road in Cheektowaga, La Divina on Delaware Avenue in Kenmore, and La Divina on Transit Road in Clarence.

Mr. Mucino faces a maximum of 15 years in prison when he is sentenced on Wednesday, February 27 at 9:30 a.m. He was released on his own recognizance.

Mr. Flynn commends the New York State Department of Taxation and Finance for their assistance in the investigation.  The case was prosecuted by Assistant District Attorney Kelley A. Omel of the DA’s Special Investigations and Prosecutions Bureau.

Mr. Mucino also pleaded guilty to federal charges this past October.  He admitted guilt to tax evasion and conspiracy to employ more than ten aliens.

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