Happy's Pizza Founder Faces Likely Prison Term In Multi-Million Dollar Tax Case
DETROIT (WWJ/AP) - Lawyers for the founder of the Happy's Pizza chain are asking a judge to consider two years of full-time community service as part of his punishment for tax crimes.
Happy Asker is returning to federal court on Monday for his sentence. His lawyers acknowledge that some prison time is likely, but they hope Judge Denise Page Hood considers community service as well.
Asker's attorneys say, for example, the Detroit Public Schools could benefit from his skills as an entrepreneur.
Asker was convicted in November of conspiracy and tax crimes in a scheme to conceal millions of dollars in income from 2004 through 2011. According to the government, Asker and others under-reported taxable income and payroll taxes "for nearly all 60 Happy's Pizza franchise restaurants located in Michigan, Ohio and Illinois."
Evidence admitted at trial established that from 2008 to 2010, more than $6.1 million in cash was diverted from approximately 35 different Happy's Pizza stores in the Detroit area, Illinois and Ohio.
The government says a portion of the unreported income was shared among franchise owners, including Asker, in a weekly cash "profit split." The rest of the money was distributed among the investors and managers of the relevant franchises.
Prosecutors are recommending more than 10 years in prison. Along with Asker's attorneys, Wayne County Sheriff Benny Napoleon is also asking the judge to consider an alternative sentence.
Four other defendants in the case pleaded guilty prior to Asker's trial.
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