Erie County District Attorney John J. Flynn announces that 47-year-old Sergio Mucino of Buffalo has been sentenced by Erie County Court Judge Susan Eagan to a conditional discharge.

The defendant 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.

Between March 2012 and November 2016, the defendant under-reported the sales tax collected at his four restaurants, resulting in $205,108.02 in unpaid sales tax for which he signed a confession of judgment. 

In December 2018, Mucino pleaded guilty to one count of Criminal Tax Fraud in the Second Degree, a Class “C” felony. The defendant pleaded guilty to the highest sustainable charge.

DA 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.