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IRS beef causing a bit of a shakeup at Nifty Fifty's

PHILADELPHIA — The owners and managers of the popular Nifty Fifty’s restaurant chain have been indicted on federal tax evasion charges for allegedly failing to pay taxes on more than $15 million in cash from customers’ tabs.

Leo McGlynn, 52, of Swarthmore, Robert D. Mattei, 73, of Delray Beach, Fla., Brian Welsh, 48, and Joseph Donnelly, 49, both of Springfield, and Elena Ruiz, 46, of Drexel Hill — the owners and managers of Nifty Fifty’s on MacDade Boulevard in Ridley Township and four other locations — are charged with conspiracy to commit tax evasion and tax evasion.

They could spend decades in prison and be ordered to pay millions in fines if convicted of skimming $15.6 million in receipts and failing to pay $2.2 million in federal employment and personal taxes.

Federal authorities allege that since the first restaurant opened in Delaware County in 1986, the defendants evaded paying taxes on $15.6 million in cash receipts and hid cash in personal safes and safe deposit boxes.

The defendants allegedly used the unreported cash to pay some suppliers and part of their employees’ wages. They also allegedly inflated expenses and deductions and filed false tax returns that under-reported income.

Mattei, McGlynn, Donnelly and Welsh are also alleged to have committed bank fraud by submitting bogus income tax returns to secure $2.28 million in business loans from Sovereign Bank. McGlynn and Donnelly are also charged with funneling cash into a bank account to avoid federal reporting requirements.

“Owning your own business is part of the American dream. But with that dream comes responsibilities, including paying your fair share of federal taxes,” U.S. Attorney Zane David Memeger said. “It is alleged that these defendants conspired to disregard their responsibilities, to the tune of over $15 million, so they could enrich themselves at the expense of all the hardworking Americans who follow the rules and pay their taxes.”

The defendants opened their first retro restaurant at the corner of MacDade Boulevard and Route 420 in the Folsom section of Ridley Township in 1986.

Long popular with locals, the owners expanded their business, eventually opening restaurants in Northeast Philadelphia, Bensalem and Turnersville, N.J., and Clementon, N.J.

Mattei and McGlynn were equal partners when they started the business. They subsequently hired Welsh and Donnelly as head managers and Ruiz — Mattei’s daughter — as office manager. Continued...

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IRS beef causing a bit of a shakeup at Nifty Fifty's

PHILADELPHIA — The owners and managers of the popular Nifty Fifty’s restaurant chain have been indicted on federal tax evasion charges for allegedly failing to pay taxes on more than $15 million in cash from customers’ tabs.

Leo McGlynn, 52, of Swarthmore, Robert D. Mattei, 73, of Delray Beach, Fla., Brian Welsh, 48, and Joseph Donnelly, 49, both of Springfield, and Elena Ruiz, 46, of Drexel Hill — the owners and managers of Nifty Fifty’s on MacDade Boulevard in Ridley Township and four other locations — are charged with conspiracy to commit tax evasion and tax evasion.

They could spend decades in prison and be ordered to pay millions in fines if convicted of skimming $15.6 million in receipts and failing to pay $2.2 million in federal employment and personal taxes.

Federal authorities allege that since the first restaurant opened in Delaware County in 1986, the defendants evaded paying taxes on $15.6 million in cash receipts and hid cash in personal safes and safe deposit boxes.

The defendants allegedly used the unreported cash to pay some suppliers and part of their employees’ wages. They also allegedly inflated expenses and deductions and filed false tax returns that under-reported income.

Mattei, McGlynn, Donnelly and Welsh are also alleged to have committed bank fraud by submitting bogus income tax returns to secure $2.28 million in business loans from Sovereign Bank. McGlynn and Donnelly are also charged with funneling cash into a bank account to avoid federal reporting requirements.

“Owning your own business is part of the American dream. But with that dream comes responsibilities, including paying your fair share of federal taxes,” U.S. Attorney Zane David Memeger said. “It is alleged that these defendants conspired to disregard their responsibilities, to the tune of over $15 million, so they could enrich themselves at the expense of all the hardworking Americans who follow the rules and pay their taxes.”

The defendants opened their first retro restaurant at the corner of MacDade Boulevard and Route 420 in the Folsom section of Ridley Township in 1986.

Long popular with locals, the owners expanded their business, eventually opening restaurants in Northeast Philadelphia, Bensalem and Turnersville, N.J., and Clementon, N.J.

Mattei and McGlynn were equal partners when they started the business. They subsequently hired Welsh and Donnelly as head managers and Ruiz — Mattei’s daughter — as office manager. Continued...

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IRS beef causing a bit of a shakeup at Nifty Fifty's

PHILADELPHIA — The owners and managers of the popular Nifty Fifty’s restaurant chain have been indicted on federal tax evasion charges for allegedly failing to pay taxes on more than $15 million in cash from customers’ tabs.

Leo McGlynn, 52, of Swarthmore, Robert D. Mattei, 73, of Delray Beach, Fla., Brian Welsh, 48, and Joseph Donnelly, 49, both of Springfield, and Elena Ruiz, 46, of Drexel Hill — the owners and managers of Nifty Fifty’s on MacDade Boulevard in Ridley Township and four other locations — are charged with conspiracy to commit tax evasion and tax evasion.

They could spend decades in prison and be ordered to pay millions in fines if convicted of skimming $15.6 million in receipts and failing to pay $2.2 million in federal employment and personal taxes.

Federal authorities allege that since the first restaurant opened in Delaware County in 1986, the defendants evaded paying taxes on $15.6 million in cash receipts and hid cash in personal safes and safe deposit boxes.

The defendants allegedly used the unreported cash to pay some suppliers and part of their employees’ wages. They also allegedly inflated expenses and deductions and filed false tax returns that under-reported income.

Mattei, McGlynn, Donnelly and Welsh are also alleged to have committed bank fraud by submitting bogus income tax returns to secure $2.28 million in business loans from Sovereign Bank. McGlynn and Donnelly are also charged with funneling cash into a bank account to avoid federal reporting requirements.

“Owning your own business is part of the American dream. But with that dream comes responsibilities, including paying your fair share of federal taxes,” U.S. Attorney Zane David Memeger said. “It is alleged that these defendants conspired to disregard their responsibilities, to the tune of over $15 million, so they could enrich themselves at the expense of all the hardworking Americans who follow the rules and pay their taxes.”

The defendants opened their first retro restaurant at the corner of MacDade Boulevard and Route 420 in the Folsom section of Ridley Township in 1986.

Long popular with locals, the owners expanded their business, eventually opening restaurants in Northeast Philadelphia, Bensalem and Turnersville, N.J., and Clementon, N.J.

Mattei and McGlynn were equal partners when they started the business. They subsequently hired Welsh and Donnelly as head managers and Ruiz — Mattei’s daughter — as office manager. Continued...

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Sensex falls over 200 points, Nifty nears 4,800

The BSE Sensex fell over 200 points in early trade Friday amid a global selloff in risk assets. The Nifty index was down over 60 points and closed in on the 4,800 level.

All groups of stocks traded lower on the BSE. State run gas explorer ONGC was the lone gainer on the Nifty 50 index. Analysts said the bounce back witnessed yesterday proved short lived and markets are headed lower.

"The fact that the bounce did not last for even two sessions, indicates medium term targets around 4,000-4,200," independent analyst Sarvendra Srivastava said.

Global stocks came under selling pressure after ratings agency Moody's downgraded 16 Spanish banks citing a weak economy and the government's reduced ability to support troubled lenders. Asian markets traded with deep cuts, with markets in South Korea (-2.65%) and Japan (-2.45%) leading the losses.

Data from the US indicated that manufacturing contracted in the mid-Atlantic region for the first time in eight months. The Dow Jones index fell 156 points to 12,442.

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Sensex, Nifty rebound; banks, oil & gas lead

Mumbai: The BSE Sensex and NSE Nifty showed a nice rebound in late trade on Friday led by outstanding performance by SBI in fourth quarter numbers and sharp recovery in rupee from record low to near previous close. However, the global markets stayed under pressure due to eurozone concerns and weak US data.

Short covering helped markets close 0.4 per cent higher on Friday. The BSE benchmark rose 82.27 points or 0.51 per cent, to close at 16,152.75 after seeing recovery of more than 300 points from intraday low of 15,809.71.

The NSE benchmark fell below the 4800 level to hit a low of 4,788.95 during the day, before closing at 4,891.45, up 21.25 points or 0.44 per cent led by support from banks, oil & gas, FMCG, steel and technology stocks. Index touched an intraday high of 4,908.50 in late trade.

The Indian rupee too bounced back quite smartly to 54.56 a dollar from record low of 54.89 a dollar, but still down 9 paise from previous close of 54.47 a dollar. Currency has fallen due to sliding euro and other Asian currencies due to Eurozone turmoil.

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Locals Shorting India Stock Market

Indian traders shorting the market.

Local investors are shorting India’s Nifty 50 index with derivative traders buying puts on the index at a strike of 4600.

The index closed at 4870 on Thursday, but options investors are hedging the market will go lower early Friday following a general decline in Asian Pacific equities already.  The put option gives buyers of that option the right to sell the index at the strike level of 4600, profitable if the index falls below 4600.

With the Indian rupee forecast to weaken further and the European crisis getting — by some measures — surprisingly worse by the day, traders in the local market are figuring: why not just short India? Everything else is going south on the charts.

At this point, a 4800 Nifty 50 is the last line of support and any closing below that would trigger deeper declines, traders say. Nifty 4600 put options have the maximum amount of open interest of any Nifty index option contract as of close of market on Thursday. Other put options with large open interest include those at 4800 and 4900 strike prices.

“I’d take this as aggressive shorting…the Nifty, especially because the implied volatility of these contracts has not changed much,” Nandish Patel, a senior derivatives analyst at Sharekhan told The Economic Times on Friday.

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Sensex, Nifty set for big fall, Asian stocks drop sharply

The BSE Sensex and the NSE Nifty look set to open gap down Friday as global cues worsened overnight, leading to another selloff in risk assets. At 08.10 am, the Nifty futures on the Singapore Exchange, traded 77 points or 1.6 per cent lower at 4,765.

Negative global news has driven stock prices down and the Sensex has lost over 1,000 points in May. The Nifty, too, is trading well below long term supports.

 

"The trading window has narrowed... we maintain targets of 4,650-4,700 for the Nifty," independent analyst Sarvendra Srivastava told NDTV Profit.

Japan's Nikkei share average dropped sharply today with securities hammered by fears of contagion from Spain's ailing bank system and a strong yen pushed down exporters.

The Nikkei dropped 2.4 percent to 8,652.04, having dropped through support at 8,800. The broader Topix followed suit with a 2.5 percent fall to 728.81.

"Almost everybody is trading for no longer than a couple of days now and the hedge funds are trying to make hay out of this by shorting stocks aggressively," said a trader at a foreign bank. "They just have the market to themselves and can knock stocks down because there's nobody to support them."

Concerns of a weakening banking sector in Spain could negatively impact its counterpart in Japan and pulled securities down 4.3 percent, with Nomura Holdings losing 4.2 percent.

Banks were also weighed on by a Fitch Ratings report that the world's top 29 banks may need a total $566 billion to meet tougher new capital rules, cutting returns by a fifth and forcing them to curb investor payouts and raise customer charges.

"Even though Japanese stocks are reasonably priced at the moment, fears about Europe are intensifying, and the strong yen won't help matters," said Hiroichi Nishi, equity general manager at SMBC Nikko Securities.

Weak U.S. data overnight contributed to the overall bearish atmosphere.

The euro dropped to a 3-1/2 month low and the dollar went back under 80 yen, sending exporters tumbling. Toyota Motor Co dropped 3.7 percent and was the most heavily traded stock by turnover on the main board. Nikon Corp shed 5.7 percent, underperforming its peers after Nomura downgraded its rating on the camera maker to "neutral" from "buy" and slashed its price target to 2,667 yen from 2,914.

With inputs from Reuters

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Tax Troubles For Local Restaurant Chain

The restaurant chain Nifty Fifty's is in some trouble for trying to be thrifty with the IRS.

The owners of Nifty Fifty's, which has five locations in our area, were indicted on charges they cheated the IRS out of millions of dollars.

Federal prosecutors say they avoided paying personal and employment taxes for years, skimming cash from customer payments and keeping them off the books.

Authorities allege that the scheme was hatched and goes back to 1986, when the chain first opened.

The owners of Nifty Fifty's released a statement that reads in part, "We deeply regret our misconduct and accept full and complete responsibility for our actions."

They added, "We have been fully cooperative with the IRS to resolve these issues and have repaid all back taxes and penalties."

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Nifty Fifty’s owners charged with tax evasion

Charged with cheating the IRS, evading payroll taxes, bank fraud, and related offenses were: Robert Mattei, 73, of Delray Beach, Fla.; Leo McGlynn, 52, of Swarthmore; Brian Welsh, 48, and Joseph Donnelly, 49, both of Springfield, Delaware County; and Elena Ruiz, 46, of Drexel Hill.

“We deeply regret our misconduct and accept full and complete responsibility for our actions,” the company said on behalf of the defendants. “We have been fully cooperative with the IRS to resolve these issues and have repaid all back taxes and penalties. We will continue to run each of our five restaurants in full compliance with the law. We wish to thank all of our employees, friends and business partners for their continued support as we move forward. Because this matter is still in the court system, we can have no further comment on this matter at this time.”

The eight-count “criminal information” — a formal complaint, which is short of a criminal indictment, and often indicates that a plea deal is in the works — alleges that employees of the restaurants received only a portion of their compensation in official paychecks and the rest in skimmed cash, which allowed the defendants to rig the books. A similar cash payment scheme was allegedly used with some of the company’s suppliers, the information alleges.

“Between January 2006 and August 2010 alone,” according to the charges, “the defendants concealed approximately $4.1 million in skimmed cash in safe deposit boxes for the exclusive benefit” of Mattei and McGlynn, who are 50-50 co-owners of the company, according to the charges. Other defendants also are alleged to have stashed cash in personal safes.

It is further alleged that Mattei, McGlynn, Donnelly, and Welsh committed bank fraud by submitting to the bank bogus tax returns in order to secure several business loans.

Ruiz, Mattei’s daughter and office manager for the company, is charged with receiving skimmed cash and filing false tax returns that inflated expenses and deductions.

If convicted, the defendants face fines and possible prison sentences.

Contact Michael Matza at 215-854-2541 or mmatza@phillynews.com.

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Nifty Fifty’s owners charged with tax evasion

Charged with cheating the IRS, evading payroll taxes, bank fraud, and related offenses were: Robert Mattei, 73, of Delray Beach, Fla.; Leo McGlynn, 52, of Swarthmore; Brian Welsh, 48, and Joseph Donnelly, 49, both of Springfield, Delaware County; and Elena Ruiz, 46, of Drexel Hill.

“We deeply regret our misconduct and accept full and complete responsibility for our actions,” the company said on behalf of the defendants. “We have been fully cooperative with the IRS to resolve these issues and have repaid all back taxes and penalties. We will continue to run each of our five restaurants in full compliance with the law. We wish to thank all of our employees, friends and business partners for their continued support as we move forward. Because this matter is still in the court system, we can have no further comment on this matter at this time.”

The eight-count “criminal information” — a formal complaint, which is short of a criminal indictment, and often indicates that a plea deal is in the works — alleges that employees of the restaurants received only a portion of their compensation in official paychecks and the rest in skimmed cash, which allowed the defendants to rig the books. A similar cash payment scheme was allegedly used with some of the company’s suppliers, the information alleges.

“Between January 2006 and August 2010 alone,” according to the charges, “the defendants concealed approximately $4.1 million in skimmed cash in safe deposit boxes for the exclusive benefit” of Mattei and McGlynn, who are 50-50 co-owners of the company, according to the charges. Other defendants also are alleged to have stashed cash in personal safes.

It is further alleged that Mattei, McGlynn, Donnelly, and Welsh committed bank fraud by submitting to the bank bogus tax returns in order to secure several business loans.

Ruiz, Mattei’s daughter and office manager for the company, is charged with receiving skimmed cash and filing false tax returns that inflated expenses and deductions.

If convicted, the defendants face fines and possible prison sentences.

Contact Michael Matza at 215-854-2541 or mmatza@phillynews.com.

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Spooked by Greek crisis, Re hits all-time low & drags Sensex

The Nifty and Sensex lost in excess of 1.7 per cent on Wednesday following the political crisis in Greece.

Dealers said foreign institutional investors pulled out money to fund their overseas obligations. This, in turn, pushed the rupee to close at an all-time low of 54.4950 to the dollar.

FIIs sold equity worth Rs 547 crore in the net and domestic institutions bought Rs 172 crore worth equity. Retail investors on the BSE were net buyers of Rs 55 crore worth equity.

Global investors panicked on news of fresh Greek elections in mid-June and widespread withdrawal of euro-denominated savings from Greek banks. The outflows from banks were said to have been triggered by a possible exit of the country, already in deep debt, from the EU.

All the indices on the Nifty and the Sensex closed in the red. The Nifty closed at 4858.25, down 85 points, while the Sensex lost 298 points to close at 16030.09.

The Nifty breached 4,850 and hit an intra-day low of 4837.05 while the Sensex went down below the psychological 16,000-mark to hit an intra-day low of 15,974.60.

Marketmen said institutions were unwinding positions in Europe on fear of the Greek electorate voting for anti-austerity again in June. No Greek party secured a majority nor were parties able to sew together a coalition post last week's elections.

FALLING FOREX RESERVES

“Weakness in the rupee is creating the problem,” said independent market analyst Mr Nirmal Rungta. “The equation on oil is not improving for India despite softening of crude prices. But things should improve if dollar tops out.”

“The declining foreign exchange reserves limit the RBI's ability to intervene in the local market and the burden of import bill also reduces the impact of the intervention,” said Mr Abhishek Goenka, CEO, India Forex Advisors.

“Even the recent steps taken by RBI related to the exchange earner account and bank over night limits did not provide much support to the rupee,” he added. Volatility was up 6.41 per cent and the IndiaVix closed at 23.71.

The dollar appreciated against all global currencies on Wednesday due to global risk aversion. With investors seeking safety, yield on 10-year US treasuries strengthened and the benchmark was quoting at 1.8 per cent at the time of going to print. The rupee depreciation was also due to widening trade deficit, and the possibility of the government overshooting fiscal deficit projections.

Though the RBI intervened in the market by selling dollars at around 54.30 levels (the previous life time closing low, was in December 2011), demand for dollars far outstripped supplies.

“There was dollar demand for loan repayments, from oil companies, and FIIs who sold in the equity markets. Exporters were holding out, expecting the rupee to dip to 55-56 levels,” said a dealer with a foreign bank.

The rupee may strengthen from early next week when exporters begin to convert 50 per cent of their dollar holdings in EEFC (Exchange Earners' Foreign Currency) accounts into rupees, say experts. The deadline for the conversion is May 23.

raghavendrarao.k@thehindu.co.in

kram@thehindu.co.in

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Spooked by Greek crisis, Re hits all-time low & drags Sensex

The Nifty and Sensex lost in excess of 1.7 per cent on Wednesday following the political crisis in Greece.

Dealers said foreign institutional investors pulled out money to fund their overseas obligations. This, in turn, pushed the rupee to close at an all-time low of 54.4950 to the dollar.

FIIs sold equity worth Rs 547 crore in the net and domestic institutions bought Rs 172 crore worth equity. Retail investors on the BSE were net buyers of Rs 55 crore worth equity.

Global investors panicked on news of fresh Greek elections in mid-June and widespread withdrawal of euro-denominated savings from Greek banks. The outflows from banks were said to have been triggered by a possible exit of the country, already in deep debt, from the EU.

All the indices on the Nifty and the Sensex closed in the red. The Nifty closed at 4858.25, down 85 points, while the Sensex lost 298 points to close at 16030.09.

The Nifty breached 4,850 and hit an intra-day low of 4837.05 while the Sensex went down below the psychological 16,000-mark to hit an intra-day low of 15,974.60.

Marketmen said institutions were unwinding positions in Europe on fear of the Greek electorate voting for anti-austerity again in June. No Greek party secured a majority nor were parties able to sew together a coalition post last week's elections.

FALLING FOREX RESERVES

“Weakness in the rupee is creating the problem,” said independent market analyst Mr Nirmal Rungta. “The equation on oil is not improving for India despite softening of crude prices. But things should improve if dollar tops out.”

“The declining foreign exchange reserves limit the RBI's ability to intervene in the local market and the burden of import bill also reduces the impact of the intervention,” said Mr Abhishek Goenka, CEO, India Forex Advisors.

“Even the recent steps taken by RBI related to the exchange earner account and bank over night limits did not provide much support to the rupee,” he added. Volatility was up 6.41 per cent and the IndiaVix closed at 23.71.

The dollar appreciated against all global currencies on Wednesday due to global risk aversion. With investors seeking safety, yield on 10-year US treasuries strengthened and the benchmark was quoting at 1.8 per cent at the time of going to print. The rupee depreciation was also due to widening trade deficit, and the possibility of the government overshooting fiscal deficit projections.

Though the RBI intervened in the market by selling dollars at around 54.30 levels (the previous life time closing low, was in December 2011), demand for dollars far outstripped supplies.

“There was dollar demand for loan repayments, from oil companies, and FIIs who sold in the equity markets. Exporters were holding out, expecting the rupee to dip to 55-56 levels,” said a dealer with a foreign bank.

The rupee may strengthen from early next week when exporters begin to convert 50 per cent of their dollar holdings in EEFC (Exchange Earners' Foreign Currency) accounts into rupees, say experts. The deadline for the conversion is May 23.

raghavendrarao.k@thehindu.co.in

kram@thehindu.co.in

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Tax charges not so Nifty for restaurant owners

Mattei and McGlynn were each 50 percent owners of the restaurants, and the others had various managerial positions, authorities said.

All defendants were charged by criminal information, a process that typically indicates that a plea deal is in the works.

The owners issued a statement Wednesday saying that they “deeply regret [their] misconduct,” are cooperating with the IRS and have repaid all back taxes and penalties, adding that they would continue to run their five restaurants in “full compliance” with the law.

Federal prosecutors said the tax-evasion scheme dated to at least 1986, when the restaurant chain was established.

The charging document said the defendants paid employees a portion of their wages with unreported cash to evade payroll taxes, paid suppliers with unreported cash and had false tax returns prepared that underreported income and falsely inflated expenses and deductions.

The feds said that between 2006 and 2010, the defendants deliberately failed to properly account for $15.6 million in gross receipts, thus evading $2.2 million in federal employment and personal taxes.

Mattei, McGlynn, Donnelly and Welsh also are charged with bank fraud. Federal prosecutors said that between Dec. 16, 2003, and Nov. 30, 2009, they submitted bogus income-tax returns to Sovereign Bank in order to obtain almost $2.3 million in business loans.

McGlynn and Donnelly also were charged with structuring 22 deposits of more than $200,000 cash between Oct. 30, 2009, and Dec. 11, 2009, to avoid federal reporting requirements. n

Contact Michael Hinkelman at 215-854-2656 or hinkelm@phillynews.com or follow on Twitter @MHinkelman.

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Tax charges not so Nifty for restaurant owners

Mattei and McGlynn were each 50 percent owners of the restaurants, and the others had various managerial positions, authorities said.

All defendants were charged by criminal information, a process that typically indicates that a plea deal is in the works.

The owners issued a statement Wednesday saying that they “deeply regret [their] misconduct,” are cooperating with the IRS and have repaid all back taxes and penalties, adding that they would continue to run their five restaurants in “full compliance” with the law.

Federal prosecutors said the tax-evasion scheme dated to at least 1986, when the restaurant chain was established.

The charging document said the defendants paid employees a portion of their wages with unreported cash to evade payroll taxes, paid suppliers with unreported cash and had false tax returns prepared that underreported income and falsely inflated expenses and deductions.

The feds said that between 2006 and 2010, the defendants deliberately failed to properly account for $15.6 million in gross receipts, thus evading $2.2 million in federal employment and personal taxes.

Mattei, McGlynn, Donnelly and Welsh also are charged with bank fraud. Federal prosecutors said that between Dec. 16, 2003, and Nov. 30, 2009, they submitted bogus income-tax returns to Sovereign Bank in order to obtain almost $2.3 million in business loans.

McGlynn and Donnelly also were charged with structuring 22 deposits of more than $200,000 cash between Oct. 30, 2009, and Dec. 11, 2009, to avoid federal reporting requirements. n

Contact Michael Hinkelman at 215-854-2656 or hinkelm@phillynews.com or follow on Twitter @MHinkelman.

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Feds indict Nifty Fifty's owners on tax charges

PHILADELPHIA - Robert Mattei, Leo McGlynn, Brian Welsh, Joseph Donnelly, and Elena Ruiz - the owners and managers of the “Nifty Fifty’s” restaurant chain - were charged today in a tax evasion conspiracy that cheated the Internal Revenue Service by failing to properly account for more than $15 million in gross receipts.

The case was announced by United States Attorney Zane David Memeger, IRS Acting Special Agent-in-Charge Akeia Connor with the Criminal Investigation Division, and FBI Special Agent-in-Charge George C. Venizelos. The defendants - Mattei, 73, of Del Ray Beach, Florida, McGlynn, 52, of Swarthmore, PA, Welsh, 48, of Springfield, PA, Donnelly, 49, of Springfield, PA, and Ruiz, 46, of Drexel Hill, PA - are charged with conspiracy to commit tax evasion, and tax evasion, for allegedly constructing a long-running scheme to avoid paying millions of dollars in personal and employment taxes as related to their restaurant chain.

The information alleges that the defendants not only evaded paying the taxes they owed, they filed income tax returns claiming they were due refunds based on the erroneous reporting of their incomes. Mattei, McGlynn, Donnelly, and Welsh are also charged with bank fraud; and McGlynn and Donnelly are also charged with aggravated structuring of financial transactions.

According to the information, the defendants have evaded paying taxes since the restaurant was established in 1986 by, among other things, paying employees a portion of their wages with unreported cash in order to evade payroll taxes; paying suppliers with unreported cash; and having false tax returns prepared that under-reported income and falsely inflated expenses and deductions. Just between the years 2006 and 2010, it is alleged the defendants deliberately failed to properly account for $15.6 million in gross receipts, thereby evading $2.2 million in federal employment and personal taxes.

“Owning your own business is part of the American dream. But with that dream comes responsibilities, including paying your fair share of federal taxes,” said Memeger. “It is alleged that these defendants conspired to disregard their responsibilities, to the tune of over $15 million, so they could enrich themselves at the expense of all the hardworking Americans who follow the rules and pay their taxes.”

It is further alleged that in the course of their conspiracy, defendants Mattei, McGlynn, Donnelly, and Welsh committed bank fraud by submitting to the bank bogus income tax returns in order to secure several business loans; and that defendants McGlynn and Donnelly structured numerous cash deposits of undeclared income into a bank account in an effort to avoid federal reporting requirements.

“The charges announced today are the result of a lengthy and complex financial investigation involving Nifty-Fifty restaurants,” said Acting Special Agent-in-Charge of IRS-Criminal Investigation Akeia Conner. “These charges summarize a scheme in which millions of dollars in income were skimmed from a successful business in order to evade paying taxes on the income. IRS-Criminal Investigation is committed to investigating these types of tax fraud schemes in order to build faith in our nation's tax system and to ensure that everyone is paying their fair share. It is important to remember that tax evasion is not a victimless crime and the honest taxpayers suffer when others cheat the government.”

If convicted, Mattei and Welsh face a maximum sentence of 40 years of imprisonment, five years of supervised release, a fine of up to $1.5 million, full restitution to the IRS, and a $300 special assessment. If convicted, McGlynn and Donnelly face a maximum sentence of 50 years of imprisonment, five years of supervised release, a fine of up to $2 million, full restitution to the IRS, and a $400 special assessment. If convicted, Ruiz faces a maximum sentence of ten years of imprisonment, three years of supervised release, a fine of up to $500,000, full restitution to the IRS, and a $200 special assessment.

This case was investigated by the Internal Revenue Service Criminal Investigation Division and the FBI. It is being prosecuted by Assistant United States Attorneys Paul G. Shapiro and Nancy E. Potts.

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Nifty Navy Wife Creatively Keeps Deployed Husband Included

JACKSONVILLE, Fla. -- It's a dilemma faced by military families across the country: a family member is about to be deployed, but how do you keep them included in life back home? One First Coast Navy wife has found creativity is the key.

Tiffany Knight's husband Donnie is assigned to a Naval Station Mayport helicopter squadron.  When he was getting ready to deploy with the USS Nitze, she wanted to find a way to keep her husband around the house.

She found a website called flatdaddies.com. The website sells life-sized photos of deployed service members (and yes, there are flat mommies as well). Tiffany knew a "flat daddy" of Donnie would be a great way to keep him present in the household. She sent off a picture of Donnie and got the life-sized flat daddy in the mail.

Tiffany said she chose to hang it in the hallway for the kids.  One-year-old Sophia, two-year-old Dylan and nine-year-old Zachary interact with flat daddy, telling him they love him and even kiss him. It's a visual reminder every day that their dad is still there, even though he isn't physically there.

But it doesn't stop with reminding the people at home about their deployed loved one. It's also about reminding those deployed about their ones back home. Once again, creativity prevailed.

Tiffany said she sends themed care packages to her husband.  Getting her three kids to doodle on the boxes, she comes up with a different theme for each package.

One care package was themed "we're going nuts without you."  The box included different flavors of nuts. Another was "we're going bananas without you." Tiffany filled that one with an airtight, sealed jar of monkey bread (Tiffany said it was perfect when it arrived), some banana pudding and a batch of banana oatmeal cookies.

The family even found a way to keep Donnie included in a typical day. So they took a picture of everything they did in a 24-hour period from the time they woke up to the time they went to bed. When they brushed their teeth that morning, they took a picture and sent Donnie a toothbrush. Then they mowed the lawn, so they sent some grass clippings to go along with the photo.

But when Donnie heard Tiffany and a few friends were heading to Churchill Downs for the Kentucky Derby, he was a little jealous he couldn't go too. Once again, Tiffany decided to be creative.

She went back to the website and ordered a second flat daddy.  This one was not to hang in their home but to take along with her to the Derby. Her very own version of a "flat Stanley" but more of a "flat sailor."

A second Navy wife decided to fashion her own "flat husband" to take along on the road trip too. The pair of Navy wives and a friend loaded up the car and drove from Jacksonville to Kentucky.

When they got there, they were greeted by support from all the other spectators. Tiffany said people were giving both the flat sailors high fives, even posing for pictures with them.

Tiffany said her first trip to the Kentucky Derby was a memorable one. She said the mint julep was delicious.

What did Donnie's shipmates think of his wife taking a flat version of him on a road trip to Kentucky? Tiffany said some of the guys thought it was a little weird. But Donnie really liked it and in the end, that's the only person whose opinion really mattered.

Donnie's deployed for the next few months as part of an air detachment aboard the USS Nitze, working on helicopters. While he's gone, Tiffany said she is going to keep coming up with new and unique ways to keep him a part of the family's lives and to keep the family a part of his.

First Coast News

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Nifty Fifty owners face tax evasion charges

Posted: Thursday, May 17, 2012 7:00 am | Updated: 3:56 pm, Thu May 17, 2012.

The owners of the Nifty Fifty’s restaurant chain, which has a location in Bensalem, were charged Wednesday with tax evasion for an alleged scheme that hid more than $15 million from the IRS.

Robert Mattei, 73, of Del Ray Beach, Fla.; Leo McGlynn, 52, of Swarthmore; Brian Welsh, 48, and Joseph Donnelly, 49, both of Springfield; and Elena Ruiz, 46, of Drexel Hill, were all charged with conspiracy to commit tax evasion, and tax evasion, for allegedly constructing a long-running scheme to avoid paying millions of dollars in personal and employment taxes.

Authorities said the owners evaded paying taxes by paying employees a portion of their wages in unreported cash, paying suppliers with cash and having false tax returns prepared that underreported income and inflated expenses and deductions. Authorities allege the scheme began when the restaurant was founded in 1986. Between 2006 and 2010 alone, authorities said, the group deliberately failed to account for $15.6 million in gross receipts, and avoided paying $2.2 million in employment taxes and personal taxes.

The owners kept hundreds of thousands of dollars in skimmed cash in personal safes in their homes, or in bank safety deposit boxes, authorities allege.

Mattei, McGlynn, Donnelly and Walsh are also accused of bank fraud for submitting bogus income tax returns to secure business loans, authorities said. Authorities said McGlynn and Donnelly also illegally structured cash deposits to avoid federal reporting requirements.

In addition to Bensalem, Nifty Fifty’s also has locations in Northeast Philadelphia, Ridley Township, Clementon, N.J. and Turnersville, N.J.

In a joint statement, the owners said they’ve fully cooperated with the IRS, and have paid back taxes and penalties.

“We deeply regret our misconduct and accept full and complete responsibility for our actions,” they said. “We will continue to run each of our five restaurants in full compliance with the law.

“We wish to thank all of our employees, friends, and business partners for their continued support as we move forward,” their statement said.

They said they wouldn’t comment further because the matter is still in the court system.

If convicted, Mattei and Welsh face a maximum sentence of 40 years of imprisonment and a fine of up to $1.5 million. McGlynn and Donnelly face a maximum sentence of 50 years in prison and a fine of up to $2 million. Ruiz faces 10 years in prison and a $500,000 fine.

© 2012 www.phillyburbs.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Area Hamburger Chain Owners Charged With $15M Skimming

By Mike DeNardo

PHILADELPHIA (CBS) — The managers of a popular local restaurant chain have been served with federal tax evasion charges.

Five owners of the “Nifty Fifty’s” restaurant chain are charged in a tax evasion conspiracy that allegedly hid $15 million worth of income, cheating the IRS out of $2.2 million in taxes.

potts nancy asst us atty denardo Area Hamburger Chain Owners Charged With $15M Skimming

(Assistant US attorney Nancy Potts. Credit: Mike DeNardo)

Assistant US attorney Nancy Potts (below right) says the operators are charged with evading taxes between 2006 and 2010, by “skimming cash from customer payments and receipts, and basically keeping them off the books of the restaurant.”

Prosecutors say the operators would then use that cash to pay themselves, their employees under the table, and their vendors.

Nifty Fifty’s runs five area hamburger-and-milkshake restaurants in Northeast Philadelphia, Ridley, Pa.; Bensalem, Pa.; Clementon, NJ; and Turnersville, NJ.

According to a federal “information” (similar to an indictment), skimming cash was a way of business for Nifty Fifty’s since its inception in 1986. However, the five owners are only charged with evading taxes between 2006 and 2010.

A statement from the company says Nifty Fifty’s owners take full responsibility for their actions, and that they have repaid their back taxes and penalties. The statement says the owners will continue to run their five area restaurants.

Charged are:

  • Robert Mattei, 73, of Del Ray Beach, Fla.
  • Leo McGlynn, 52, of Swarthmore, Pa.
  • Brian Welsh, 48, of Springfield, Pa.
  • Joseph Donnelly, 49, of Springfield, Pa.
  • Elena Ruiz, 46, of Drexel Hill, Pa.

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Spooked by Greek crisis, Re hits all-time low & drags Sensex

The Nifty and Sensex lost in excess of 1.7 per cent on Wednesday following the political crisis in Greece.

Dealers said foreign institutional investors pulled out money to fund their overseas obligations. This, in turn, pushed the rupee to close at an all-time low of 54.4950 to the dollar.

FIIs sold equity worth Rs 547 crore in the net and domestic institutions bought Rs 172 crore worth equity. Retail investors on the BSE were net buyers of Rs 55 crore worth equity.

Global investors panicked on news of fresh Greek elections in mid-June and widespread withdrawal of euro-denominated savings from Greek banks. The outflows from banks were said to have been triggered by a possible exit of the country, already in deep debt, from the EU.

All the indices on the Nifty and the Sensex closed in the red. The Nifty closed at 4858.25, down 85 points, while the Sensex lost 298 points to close at 16030.09.

The Nifty breached 4,850 and hit an intra-day low of 4837.05 while the Sensex went down below the psychological 16,000-mark to hit an intra-day low of 15,974.60.

Marketmen said institutions were unwinding positions in Europe on fear of the Greek electorate voting for anti-austerity again in June. No Greek party secured a majority nor were parties able to sew together a coalition post last week's elections.

FALLING FOREX RESERVES

“Weakness in the rupee is creating the problem,” said independent market analyst Mr Nirmal Rungta. “The equation on oil is not improving for India despite softening of crude prices. But things should improve if dollar tops out.”

“The declining foreign exchange reserves limit the RBI's ability to intervene in the local market and the burden of import bill also reduces the impact of the intervention,” said Mr Abhishek Goenka, CEO, India Forex Advisors.

“Even the recent steps taken by RBI related to the exchange earner account and bank over night limits did not provide much support to the rupee,” he added. Volatility was up 6.41 per cent and the IndiaVix closed at 23.71.

The dollar appreciated against all global currencies on Wednesday due to global risk aversion. With investors seeking safety, yield on 10-year US treasuries strengthened and the benchmark was quoting at 1.8 per cent at the time of going to print. The rupee depreciation was also due to widening trade deficit, and the possibility of the government overshooting fiscal deficit projections.

Though the RBI intervened in the market by selling dollars at around 54.30 levels (the previous life time closing low, was in December 2011), demand for dollars far outstripped supplies.

“There was dollar demand for loan repayments, from oil companies, and FIIs who sold in the equity markets. Exporters were holding out, expecting the rupee to dip to 55-56 levels,” said a dealer with a foreign bank.

The rupee may strengthen from early next week when exporters begin to convert 50 per cent of their dollar holdings in EEFC (Exchange Earners' Foreign Currency) accounts into rupees, say experts. The deadline for the conversion is May 23.

raghavendrarao.k@thehindu.co.in

kram@thehindu.co.in

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Nifty Fifty's owners, managers charged in $15m tax evasion conspiracy

Owners and managers of the Nifty Fifty’s restaurant chain, with restaurants in Gloucester and Washington townships and Bensalem, Pa., have been accused of a federal tax evasion conspiracy authorities say cheated the Internal Revenue Service by failing to properly account for more than $15 million in gross receipts.

In an official statement issued Wednesday afternoon, they don't deny it.

Robert Mattei, 73, of Del Ray Beach, Fla., Leo McGlynn, 52, of Swarthmore, Pa., Brian Welsh, 48, of Springfield, Pa. Joseph Donnelly, 49, also of Springfield, Pa., and Elena Ruiz, 46, of Drexel Hill, Pa. are charged in an information — an accusation — of conspiracy to commit tax evasion, and tax evasion, for allegedly constructing a long-running scheme to avoid paying millions of dollars in personal and employment taxes related to their restaurant chain.

The information alleges that the defendants not only evaded paying the taxes they owed, but also filed income tax returns claiming they were due refunds based on the erroneous reporting of their incomes.

Nifty Fifty’s issued a statement Wednesday afternoon:

“We deeply regret our misconduct and accept full and complete responsibility for our actions. We have been fully cooperative with the IRS to resolve these issues and have repaid all back taxes and penalties. We will continue to run each of our five restaurants in full compliance with the law.

“We wish to thank all of our employees, friends, and business partners for their continued support as we move forward. Because this matter is still in the court system, we can have no further comment on this matter at this time.”

Mattei, McGlynn, Donnelly, and Welsh are also charged with bank fraud; and McGlynn and Donnelly are additionally charged with aggravated structuring of financial transactions.

According to the information, the defendants have evaded paying taxes since the restaurant was established in 1986 by, among other things, paying employees a portion of their wages with unreported cash in order to evade payroll taxes; paying suppliers with unreported cash; and having false tax returns prepared that under-reported income and falsely inflated expenses and deductions.

Just between the years 2006 and 2010, it is alleged the defendants deliberately failed to properly account for $15.6 million in gross receipts, thereby evading $2.2 million in federal employment and personal taxes.

The information also accuses Mattei, McGlynn, Donnelly, and Welsh of committing bank fraud by submitting to the bank bogus income tax returns in order to secure several business loans; and alleges that McGlynn and Donnelly structured numerous cash deposits of undeclared income into a bank account in an effort to avoid federal reporting requirements.

If convicted, Mattei and Welsh face a maximum sentence of 40 years imprisonment, five years of supervised release, a fine of up to $1.5 million, full restitution to the IRS, and a $300 special assessment.

McGlynn and Donnelly face a maximum sentence of 50 years of imprisonment, five years of supervised release, a fine of up to $2 million, full restitution to the IRS, and a $400 special assessment, if they're convicted.

Ruiz faces a maximum sentence of ten years of imprisonment, three years of supervised release, a fine of up to $500,000, full restitution to the IRS, and a $200 special assessment if he is found guilty.


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