Google Groups no longer supports new Usenet posts or subscriptions. Historical content remains viewable.
Dismiss

More Ms. Henderson

4 views
Skip to first unread message

mary ellizabeth

unread,
Dec 3, 1999, 3:00:00 AM12/3/99
to
This is just so rich. IF only each "news"paper would ferret out
such...sigh...

12/3/99 -- 2:02 AM
FBI looks at Malio's tax break, state says

By MICHELLE PELLEMANS of The Tampa Tribune
----------------------------------------------------------------------------
----

TALLAHASSEE - A new state audit finds a Tampa restaurant still owes unpaid
taxes - but the state may now be out of luck.


The FBI is investigating how a $184,510 tax debt charged against Malio's
Steak House in Tampa was turned into a $6,263 tax credit by Cynthia
Henderson's state agency, according to Henderson's own inspector general.

In a signed letter provided to The Tampa Tribune on Thursday, Reginald
Ofuani, Henderson's top investigator in the Department of Business and
Professional Regulation, said he has ``suspended'' his investigation into
the Malio's matter ``pending the completion of a similar case by the FBI.''

Meanwhile, a new review by state auditors has concluded that most of the tax
debt assessed against Malio's was justified and that the agency essentially
had no basis to give a tax credit.

Despite the new finding that Malio's owes at least $64,992 in unpaid
alcoholic drink taxes, the state may now be blocked from collecting the tax
money because Henderson's agency filed a legal document wiping the debt
clean in April.

Malio's attorney, James Ervin, said Thursday that while he has not yet been
notified by the agency of the revised figure, an administrative order
reached with the state erasing the debt was ``final'' in his opinion.

``It was an administrative order, but an order, nonetheless,'' Ervin said.

In addition, Ervin said, the 30-day period for an appeal by the state has
long since passed.

Henderson's inspector general, Ofuani, indicated Thursday that Ervin may be
correct, but the final decision rests with Henderson.

``That's not my purview,'' Ofuani said. Once his report on the tax due from
Malio's is given to Henderson, he said, ``She'll make the determination.''

The target of the FBI inquiry was unclear Thursday.

Sources confirmed that it has been under way for several months now and is
being led by the Tampa FBI office.

Ervin confirmed Thursday that about two months ago the FBI interviewed Malio
Iavarone, one of the restaurant's co-owners, but he said federal agents
assured Iavarone ``that neither he, his wife, nor the restaurant were the
subject of the investigation.''

A spokesman for the FBI's Tampa office declined comment Thursday on whether
there is an investigation.

Henderson, a sometime patron of the restaurant, did not return repeated
telephone calls to her office or home on Thursday.

The inquiry by the FBI, and the new audit finding that Malio's still owes
the state for unpaid taxes, are the latest twists in a dispute that dates to
1998.

At that time, an auditing team from the Tampa division of Alcoholic
Beverages and Tobacco, an arm of Henderson's state agency, concluded that
the popular Tampa eatery and bar had underpaid the state tax assessed on
individual alcoholic drinks.

Malio's is a favorite spot for Tampa Bay power brokers and celebrities,
drawing judges, politicians and such well-known figures as George
Steinbrenner, Burt Reynolds and the late Santo Trafficante Jr.

Malio's claimed that 50 percent of its beverage sales were in the form of
package goods, according to the auditors, and so not subject to the state
tax. The state's auditing team, however, found that Malio's lacked documents
to back up the claims of unusually high package sales.

Malio's disputed the findings and in January appealed directly to Henderson
and Gov. Jeb Bush for help resolving the tax issue.

Henderson had her staff review the case and by early March the $184,510 tax
liability had been erased and turned into a $6,263 credit.

Following a report in The Tampa Tribune detailing the unusual action,
Henderson in July ordered a new audit and asked her inspector general,
Ofuani, to review it.

The new audit is separate from Ofuani's suspended investigation into why the
tax debt was turned into a credit. Ofuani said he planned to present the
audit to Henderson Thursday. The audit recalculated the amount Malio's owes
the state, reviewing a three- year period rather than the original four-year
time span and concluded Malio's still owes the state $64,992.80.

Ofuani said the state should not accept the restaurant's undocumented claims
of package alcohol sales, noting that it is the responsibility of businesses
``to maintain complete and accurate records.''

In his report, Ofuani noted that Malio's attempted to support its claim of
high package sales by sending Henderson's agency letters from influential
patrons who said they bought hundreds of dollars in packaged alcohol from
the restaurant.

Among those submitting letters was Ronald N. Ficarrotta, who was a county
judge at the time. Ficarrotta has since been appointed by Gov. Jeb Bush to
the circuit court bench in Hillsborough County. Among those who wrote
letters to Bush recommending Ficarrotta was Tampa developer Charles W.
``Bing'' Kearney, Henderson's boyfriend.

Michelle Pellemans covers state government and can be reached at
mpell...@tampatrib.comor (850) 222-8382.


RJ

unread,
Dec 3, 1999, 3:00:00 AM12/3/99
to
WHOA!...where'd ya git this 'stuff.'...hehe!
Bob

sca...@my-deja.com

unread,
Dec 11, 1999, 3:00:00 AM12/11/99
to
You will be interested to know that this restaurant is suing the
reporter responsible for this story.

Reporter Michelle Pellemans is a notorious liar with a serious chemical
dependancy, and her goose is cooked.

Lucky for her, the Tampa Tribune will represent her, although I hear
they are clammoring to settle, since they have uncovered what turn out
to be a pattern of lies on Pellemans' part.

My point is, this may sound like great "stuff," but that's only because
it is fiction.

Prepare to watch this reporter's career GO DOWN IN FLAMES.

Believe me, she deserves it.

Scamp


Sent via Deja.com http://www.deja.com/
Before you buy.

0 new messages