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Department of Taxation and Finance

Former Crossgates Mall Food Court Vendor Charged with Criminal Tax Fraud Accused of failing to remit $186,000 in sales tax collected from customers

For Release: Immediate,

For press inquiries only, contact: James Gazzale, 518-457-7377

The New York State Department of Taxation and Finance today announced felony tax fraud and grand larceny charges against Robert V. Gourlay Jr., 56, of Gansevoort, NY.

As the operator of Fresh Healthy Café, formerly located in the Crossgates Mall food court, Gourlay is accused of collecting more than $186,000 in sales tax from his customers and failing to remit that money to New York State, as required by law. He ran the business between August 2010 and February 2018.

Gourlay was arrested and arraigned in Albany City Court on Wednesday, June 12.

"Business owners who disregard their obligation to remit sales tax violate the trust of their customers, deprive the communities where they operate of revenue needed for vital services, and put similar businesses at a competitive disadvantage,” said Executive Deputy Commissioner Andrew Morris.

A criminal complaint is only an accusation; the defendant is presumed innocent until proven guilty.

Report fraud

You can report tax evasion and fraud online at the Tax Department's website or by phone at 518-457-0578. The information is kept confidential. The Tax Department promptly reviews each complaint and takes corrective action when appropriate.