The alleged scam involved royalty payments that Cipriani USA was supposed to make to Cipriani SA. The royalty payments were deducted from taxable income. However, no royalty payments were made during 2003 and 2004, and "most" were not paid from 1998 to 2002 either, according to the statement.
In exchange for the Ciprianis' guilty plea, the district attorney will not seek jail time, though the Ciprianis will have to pay New York entities $10 million and must employ an "independent monitor" until 2011 to ensure the family pays "appropriate corporate tax." The father and son will also be on probation for the next three-and-a-half years.
The details of the agreement surprised several sources in defense and organized crime prosecution, who wondered why tax evasion involving a sum this large did not result in any jail time. But in a press conference, Morgenthau explained the plea agreement was struck because of the difficulty involving investigations that involve foreign countries, as this one did.
In a statement, the Ciprianis' lawyer, Stanley S. Arkin, said, "The resolution of this matter allows the Cipriani family to put this incident behind them. They will continue to spend their efforts and energies in maximizing the growth of the unique Cipriani brand and their multifaceted businesses."
This isn't the first time the Ciprianis' business tactics have raised eyebrows. For several years, Giuseppe has been locked in a long-running battle with the restaurant unions in New York City. Earlier this summer, Cipriani vice president Dennis Pappas was given a prison sentence of 18 months to four-and-a-half years for defrauding several insurance companies over disability payments he took while under the employ of Cipriani. Pappas has also been tied to the Colombo crime family and was convicted in 1998 of racketeering and didn't go to work for the Ciprianis until 2000, when he was out on probation.