One owner of a landmark Philadelphia cheesesteak restaurant was wrongly sentenced to 20 months in prison because a district court misapplied a sentencing enhancement for encouraging employees to violate tax laws, the Third Circuit said Friday.
Nicholas Lucidonio challenged the court’s interpretation of US sentencing guidelines after he and his father, Anthony Lucidonio Sr., admitted to a federal charge that they had illegally paid their employees part of their wages off the books, not withholding taxes. Nicholas appealed, arguing the encouragement enhancement wasn’t applicable to his sentence because his employees were unindicted co-conspirators.
Nicholas and Anthony were founders of the ...
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