News Release

June 15, 2006
News Release Contact:
Becky Gettings - (804) 213-4419
E-mail: pubrel@abc.virginia.gov

Owners of Shucker's Restaurant and Raw Bar Found Guilty Following ABC Investigation

Today, in the Middlesex Circuit Court, Carl R. Cassell, owner of Shucker's Restaurant and Raw Bar, and his wife, Brenda Cassell, entered guilty pleas to charges arising from an investigation of embezzlement of state and local sales taxes conducted by the Virginia Department of Alcoholic Beverage Control (ABC).

Carl Cassell was charged with 12 felony counts involving the embezzlement of Virginia sales taxes and Town of Urbanna food taxes for the period beginning in February 2002 through January 2005, one felony count of conspiracy to commit a felony and a misdemeanor charge of failing to file required sales and use tax returns. He entered guilty pleas on two felony embezzlement charges encompassing the entire three-year period. One guilty plea was for the embezzlement of Virginia sales taxes and the other for the embezzlement of Town of Urbanna food taxes.

Brenda Cassell was originally charged with felony embezzlement changes and conspiracy to commit a felony. She entered a guilty plea to the misdemeanor charge of failing to file a Virginia sales tax return.

Upon conviction, Carl Cassell was given five years on each charge. These sentences were suspended upon condition of five years good behavior and he was ordered to make restitution of the state sales tax in the amount of $54,378.32 and food tax to the Town of Urbana in the amount of $36,083.46. These figures include penalty and interest. Cassell was ordered to pay $500 per month to both state and town entities until the taxes are fully repaid. Brenda Cassell was given six months on her misdemeanor conviction, but the sentence was also suspended upon condition of five years good behavior.

Assistant Attorney Generals James Schliessmann and G. Michael Favale of the Commonwealth of Virginia's Office of the Attorney General handled the prosecution on behalf of ABC.

The indictments were the result of an investigation conducted by Special Agents Judy Dobson and John Hughes of ABC's Bureau of Law Enforcement. The investigation included the issuance and service of a search warrant at Shucker's Restaurant in April 2004. In an affidavit filed with the Middlesex Circuit Court to obtain the search warrant, Special Agent Judy A. Dobson stated that the restaurant underreported sales to the Virginia Department of Taxation, which resulted in the embezzlement of sales taxes collected from customers. The search produced records of sales from the business.

ABC Special Agent J. L. Hughes, a Certified Fraud Examiner assigned to the Enforcement Division, examined the records and determined that Cassell underreported sales to state and local agencies totaling approximately $800,000.

The license to sell alcoholic beverages at the restaurant is currently suspended by ABC on charges relating to the embezzlement.