A Cherry Hill restaurant owner has been indicted on multiple tax-related charges, according to an announcement from New Jersey Attorney General Matthew J. Platkin and the Division of Criminal Justice. Andrew Cosenza Jr., 57, is facing one count of theft by failure to make required disposition of property received (second degree), eight counts of filing a false or fraudulent tax return (third degree), and eight counts of failure to turn over collected, withheld taxes (third degree).
Attorney General Platkin stated, “Everyone is required to pay their far share of taxes. We allege that the defendant in this case was collecting sales tax from his customers, but not paying over that money to the Division of Taxation. This form of tax fraud will not be tolerated.”
DCJ Director Theresa L. Hilton commented on the investigation: “The investigation into this defendant allegedly showed a discrepancy between what he was reporting as his gross receipts and what he was remitting as collected sales taxes. Investigators from the Division of Criminal Justice and the Division of Taxation caught the difference, enabling us to build the case we are announcing today.”
Authorities began investigating The Bistro at Cherry Hill, owned by Cosenza and located inside the Cherry Hill Mall, in June 2023. The indictment alleges that for 2021 and 2022, Cosenza did not remit the proper amount of sales tax to state authorities.
Investigators found discrepancies between gross amounts reported on filed tax returns and those provided to the Division of Taxation. It is alleged that while collecting sales tax from customers, Cosenza did not turn those funds over to the state as required.
The joint investigation determined that $271,621 in sales tax was allegedly not remitted by Cosenza during 2021 and 2022.
Deputy Attorneys General Lindsey Watson and Joseph Tartaglia are prosecuting the case.
Attorney General Platkin thanked the Division of Taxation’s Office of Criminal Investigations for its assistance with the investigation.
Second-degree charges can result in five to ten years in prison and fines up to $150,000; third-degree charges carry possible sentences of three to five years in prison and fines up to $15,000.
All charges are accusations at this stage; Cosenza is presumed innocent unless proven guilty in court.
