Subway franchise operator from Clay arrested for tax fraud

CLAY, N.Y. — A Subway franchise operator from Clay is facing 31 felony charges for sales-tax evasion.

Andrew Buccilli, 39, of Clay owns and operates Sofa King Fresh LLC in Onondaga County, the New York State Department of Taxation and Finance said in a news release issued Tuesday.

The company includes three Subway sandwich shops and one Auntie Anne’s Pretzels, all located in Oswego County, the department said.

The felony complaint alleges that the business “significantly underreported” taxable sales by $2,220,324 between December 2010 and February 2015.

During that same period, the stores allegedly collected nearly $185,000 in sales tax that wasn’t paid to the state as required by law.

“A merchant who collects tax on the sale of food and beverage, yet knowingly fails to remit the tax, is stealing not only from the state but from municipalities counting on these funds for critical public services,” Nonie Manion, acting commissioner of taxation and finance, said in the news release.

Buccilli was arraigned in the Town of Clay Court and pleaded not guilty to one count of 2nd degree grand larceny, four counts of 2nd degree criminal tax fraud, 10 counts of 3rd degree criminal tax fraud, one count of 4th degree criminal tax fraud, and 15 counts of 1st degree offering a false instrument for filing.

Buccilli faces up to 15 years in prison and possible civil-fraud penalties that are “double the taxes determined to be owed,” the department said.

His next court date is scheduled for November 22.

Contact Reinhardt at ereinhardt@cnybj.com