Information from the Office of Beth Phillips

KANSAS CITY, Mo. – Beth Phillips, United States Attorney for the Western District of Missouri, announced that the manager of a Warrensburg, Mo., restaurant pleaded guilty in federal court Thursday to his role in a conspiracy to file false tax returns.

Javier Posada, 43, of Warrensburg, a naturalized U.S. citizen from Mexico, pleaded guilty before U.S. District Judge Howard F. Sachs to the charge contained in a Sept. 7, 2010, federal indictment.

Posada, the manager of an El Vaquero Mexican restaurant in Warrensburg, admitted that he participated in a conspiracy to under-report income received at several El Vaquero restaurants in Missouri from June 2002 to August 2008. Conspirators removed cash from the cash register or directed others to remove cash from the cash register, and the restaurants failed to report the receipt of that cash for tax purposes. They also created fraudulent sales ledgers and destroyed guest tickets.

Under the terms of today’s plea agreement, Posada must pay $382,296 in restitution to the IRS.

Under federal statutes, Posada is subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Jane Pansing Brown. It was investigated by IRS-Criminal Investigation.