Liquor distributor, staff charged with scheme aimed at evading New York taxes by using Cecil businesses as conduit

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Scales of JusticeA federal grand jury indicted Republic National Distribution Company, LLC, and its employees, Eugene Gerzsenyi,  52, of Glen Burnie, MD; Jason Lockerman, age 38, of Bel Air, MD; and Lisa Robbins, age 55, of Woodbine, MD ,  on charges arising from a scheme to defraud the state and city of New York, and registered New York liquor wholesalers.

The  indictment alleges that the defendants transferred and moved liquor from Maryland, where the state excise tax rate for liquor was approximately $1.50 per gallon, to New York, where the state excise tax for liquor was approximately $7.44 per gallon, for retail sale.

According to the indictment Republic National Distribution Company, LLC, (RNDC), which has offices in Jessup, MD, is a wholesale distributor of liquor in Maryland and elsewhere in the United States.  Eugene Gerzsenyi was the Assistant Director of Operations for RNDC, Jason Lockerman was a salesman for RNDC and Lisa Robbins was an accounting manager.

According to the indictment, any wholesaler transferring or distributing liquor for retail sale in Maryland, or in New York, was required to register with the state, and to provide monthly reports of the quantities of liquor transferred or distributed for retail sale in the state.  RNDC was registered in Maryland and sold and delivered liquor to Cecil County retailers, including liquor stores, bars and restaurants.

The 23 count indictment alleges that from at least June 2009 through June 2012, a number of New York liquor retailers communicated with several retail liquor stores in Cecil County to order cases of wine and liquor.

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People working at the Cecil County retailers then passed the orders to RNDC though salesmen, including Lockerman.  The indictment alleges that Lockerman and the other RNDC salesmen knew that the liquor was intended for retail sale in New York, and they transmitted those orders to RNDC to be filled.

According to the indictment, RNDC delivered the ordered liquor to the Cecil County retailers, where it was held for the New York retailers.  The New York retailers and their agents then picked up and transported the liquor to New York, where it was sold to customers without the New York excise taxes being paid.

The indictment alleges that RNDC, Robbins, Gerzsenyi, and Lockerman facilitated the payment to RNDC for liquor that was moved from RNDC, through the Cecil County retailers to the New York retailers and their agents.

RNDC allegedly  submitted invoices to the Cecil County retailers that included the amounts owed to RNDC for the liquor that had been delivered to the New York retailers and their agents. The New York retailers paid the Cecil County retailers in cash, which the Cecil County retailers deposited into their business accounts.  The Cecil County retailers then paid RNDC by check.

The indictment alleges that RNDC, the New York retailers, and the Maryland retailers, did not register as liquor wholesalers or distributors in New York; did not provide monthly reports of the quantities of liquor shipped into New York for retail sale; and did not pay New York excise taxes.

In addition, RNDC allegedly filed false reports to the Maryland State Comptroller’s Office, indicating that all liquor sold to the Cecil County retailers was intended for resale in Maryland.

The indictment seeks forfeiture of all proceeds traceable to the scheme, including a money judgment of at least $9 million.

If convicted, the company and the individual defendants face a $250,000 fine, and the individual defendants also face a maximum sentence of 20 years in prison, for wire fraud conspiracy and each of four counts of wire fraud.  If convicted of the money laundering counts, the indictment seeks forfeiture from RNDC of the funds involved in those offenses.

 

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