Already on probation for failing to pay tens of thousands of dollars in state taxes, the owner of The Chicken Coop restaurant pleaded guilty Tuesday to a felony charge alleging he also failed to pay nearly $400,000 in federal payroll taxes.
John T. Stuchkus, 58, of Pittston, pleaded guilty to the felony count of wilfully failing to collect or pay over taxes, a crime that carries a maximum penalty of five years in prison and a $250,000 fine.
According to federal prosecutors, Stuchkus, as president and chief executive of Chick-N Enterprises, Inc., was responsible for collecting federal income taxes as well as Medicare and Social Security taxes.
Between the final quarter of 2013 and the end of 2017, Stuchkus withheld the taxes from employees’ paychecks but made almost no corresponding deposits with the Internal Revenue Service, according to the charges.
According to a plea agreement Stuchkus reached with the U.S. Attorney’s Office, the total tax loss the government incurred as a result of his conduct was $397,407.
Under the plea agreement, prosecutors agree to recommend Stuchkus get consideration if he can “adequately demonstrate recognition and affirmative acceptance of responsibility.” However, the prosecution reserved the right to recommend up to the maximum penalty during the sentencing hearing.
U.S. District Court Judge A. Richard Caputo accepted the plea and set sentencing for April 9.
Last year, Stuchkus pleaded guilty to 43 misdemeanor tax violations in state court, including failure to remit collected sales tax to the Pennsylvania Department of Revenue. In that case, he admitted the business at 165 N. Wilkes-Barre Blvd. had collected $62,759 in sales taxes between April 1, 2012, and July 31, 2016, that Stuchkus failed to remit to the state.
Luzerne County Judge Michael T. Vough sentenced Stuchkus in May 2018 to serve 12 years of probation for his crimes.
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jhalpin@citizensvoice.com
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