Bistro at Cherry Hill owner indicted on charges of tax fraud
Andrew Cosenza Jr. said as recently as last month that he was fighting to reopen his restaurant in the Cherry Hill Mall, which closed suddenly this summer amid bankruptcy proceedings.
The owner of the beleaguered Bistro at Cherry Hill, a longtime mall fixture that closed this summer amid bankruptcy proceedings, has been indicted on charges of tax fraud.
The New Jersey Attorney General’s Office announced the indictment against Andrew Cosenza Jr. on Tuesday, saying an investigation found that he had failed to send the state more than $270,000 in sales tax paid by Bistro customers in 2021 and 2022.
The 57-year-old Cherry Hill resident was indicted Oct. 29 on several charges, including tax fraud.
“Everyone is required to pay their fair share of taxes,” New Jersey Attorney General Matthew J. Platkin said in the statement. “This form of tax fraud will not be tolerated.”
Cosenza did not return a request for comment on Tuesday. No defense attorney was listed on court documents as of Tuesday, and an attorney representing Cosenza in a new Chapter 11 bankruptcy case did not return requests for comment.
» READ MORE: Is the Bistro at Cherry Hill closed for good? Its owner says no, despite bankruptcy.
Cosenza had owned the Bistro at Cherry Hill for more than 25 years. The beloved restaurant operated out of a 12,000-square-foot kiosk in the middle of the Cherry Hill Mall. This summer, it closed abruptly, saddening loyal customers.
In July, Cosenza told The Inquirer that the sudden closure was the result of a communication “breakdown” regarding a Chapter 11 bankruptcy petition that he filed in May. It was the restaurant’s second bankruptcy filing since 2017.
While Cosenza was incapacitated by medical issues over the summer, he said the Bistro’s Chapter 11 bankruptcy petition had been converted to a Chapter 7, which involves the liquidation of assets, without his consent. Cosenza said his brother showed up to open the Bistro on July 10 and found the doors locked.
“This is not a case of mismanagement or inability to meet financial obligations,” Cosenza said in a July interview. He said that the bankruptcy was the result of lingering pandemic-related issues and that he had a plan for repaying his debts.
In early October, the Bistro’s bankruptcy case was dismissed. Cosenza told The Inquirer on Oct. 10, two weeks before the indictment, that he planned to keep fighting to reopen the Bistro. On Oct. 15, he filed for Chapter 11 bankruptcy as a small-business debtor.
The charges against Cosenza stem from a 2023 joint investigation by the New Jersey Division of Taxation’s Office of Criminal Investigation and the Division of Criminal Justice. Investigators said they found discrepancies between the gross sales tax amounts that Cosenza reported on his business tax returns and the amounts turned over to the state.
If found guilty of the charges, Cosenza could face five years or more in state prison and fines of more than $150,000, according to the prosecutor’s office.