A.G. Schneiderman and Acting Tax Commissioner Manion Announce Conviction of Former Broome County Restaurant Owner for Failing to Pay Over $59k in Sales Tax

Robert Niederriter, Former Owner of Buffalo Head Bar & Grill in Conklin, Failed to File 16 Sales Tax Returns and Pay Sales Tax Owed to New York State

Defendant Paid $59,789; Sentenced to One-Year Conditional Discharge

Broome County – Attorney General Eric T. Schneiderman and Acting Commissioner of Taxation and Finance Nonie Manion today announced the guilty plea and conviction of Robert Niederriter, 52, of Kirkwood, and his business, Buffalo Head Bar & Grill, Inc., for failing to file numerous sales tax returns and remit over $59,000 in sales tax that was collected at Buffalo Head Bar & Grill. Pursuant to his plea, Niederriter paid $59,789.01 to the New York State Department of Taxation and Finance for the unpaid sales tax and was sentenced to a one-year conditional discharge. 

“New Yorkers trust businesses to follow the rules and pay their fair share of taxes,” said Attorney General Schneiderman. “Our office will continue to root out and prosecute those who seek to steal from taxpayers to line their own pockets.”

“As this conviction clearly shows, the NYS Tax Department dedicates significant resources to finding business owners who commit sales tax fraud,” Acting Commissioner Manion said. “We’ll continue to work with the AG’s office and all our law enforcement partners to bring criminals to justice, and make sure honest merchants do not face a competitive disadvantage.”

From June 2011 through December 2015, Niederriter owned and operated Buffalo Head Bar & Grill (“Buffalo Head”), a bar and restaurant located at 1577 Conklin Road in Broome County. Niederriter, the sole person responsible for sales tax at Buffalo Head, was legally required to report all taxable sales, including food and beverage sales, and to file sales tax returns on a quarterly basis. However, during the time he owned Buffalo Head, Niederriter only filed two quarterly sales tax returns when he should have filed eighteen. According to an audit conducted by the New York State Department of Taxation and Finance, between June 1, 2011 and November 30, 2015, Niederriter underreported Buffalo Head’s total sales by $747,362.56 and failed to remit $59,789.01 in sales tax due.

On March 14, 2018, Buffalo Head pleaded guilty before the Honorable Joseph F. Cawley in Broome County Court to Grand Larceny in the Second Degree, a Class C felony. Buffalo Head is scheduled to be sentenced to an unconditional discharge on June 4, 2018.