Underreporting of Sales Tax Collected Brings Federal Indictment for Wire Fraud

Kenneth William Griffin, 61, of San Antonio, was arrested on November 14, 2012 after being indicted November 7 by a federal grand jury in San Antonio for Wire Fraud.

According to court documents, Griffin, who also uses the name Ted Baker, is the owner of The Restaurant Repair Company (TRRC), a business located in San Antonio that performs restaurant equipment service, sales, and installation. The company is required by Texas law to collect sales tax on the sales and services it provides, to file tax returns regularly, and remit the collected sales tax to the Comptroller.

The indictment alleges that TRRC collected sales tax during a specific two-year period, but that Griffin knowingly caused false reports to be filed which underreported the amount of tax collected, and then remitted only the underreported amount. The indictment alleges that TRRC reported and remitted approximately 10% of the sales tax it actually collected, and that over $187,000 in sales tax was collected over the two-year period, but only about $18,000 reported and remitted.

According to the indictment, TRRC is a monthly sales tax filer, and filed 24 materially false returns during the two-year period. Each false return was filed electronically over the internet and routed through interstate commerce. The investigation resulted Griffin's indictment for 24 counts of Wire Fraud, a violation of 18 U.S.C. 1343.

The investigation was conducted jointly by the San Antonio FBI, Texas Department of Public Safety Criminal Investigation Division and the Comptroller's Criminal Investigation Division. Filed as cause number SA12-CR-1005-FB, the case is pending in the U.S. District Court in the Western District of Texas - San Antonio Division.