2 businessmen in legal trouble

TOLEDO, Ohio (WUPW) - Two area businessmen, Tom Cousino and Donald Stump, are each accused of not paying thousands in sales tax for several years.

Both were arraigned Tuesday by the same county common pleas judge and their trials set for the same day.

So is this a fluke or is the Ohio Department of Taxation cracking down on those who are behind on taxes?

Cousino, who owns several metro restaurants, including Cousino's and Navy Bistro on The Docks, and Stump, who owns Lifestyles for Ladies fitness centers, were arraigned on felony charges in Lucas County Common Pleas Court Tuesday.

Both plead not guilty and their trial dates were also set for the end of June. If convicted, each party faces several years in jail along with a hefty fine.

Louise Jackson, an attorney with Spengler Nathanson Law firm, which specializes in taxation law, said she can’t remember cases like this where felony charges were filed.

"I can't think of one, and here we have two in a matter of weeks," she said. "I have to wonder if they are not being used as an example for other local business owners. But it appears this was the State's last resort.”

Not paying sales tax is serious because the businesses are essentially stealing from residents.

"It's a trust tax that you and I pay when patronizing businesses and businesses are responsible to file and pay that each month," Jackson said.

Cousino has not paid sales tax for two years, from 2008-10. Stump allegedly hasn't paid the state for upwards of four years.

The Department of Taxation said this is simply a coincidence. The Lucas County Prosecutor’s office chooses when and if charged will be filed.

The State said they try to work with all businesses that have fallen behind on paying sales tax.

But after three chances if those business owners are still not paying, the taxation department hands the information over to the local prosecutor’s office.