CORRECTION: An earlier version of this article listed she was charged with the delinquency of a minor. That is not correct and was from a previous article. It has been updated.
Crumbl Cookies in Viera owner arrested for pocketing sales tax she collected
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Palm Bay, FL – Shae M. Malachowski, a Palm Bay resident and business owner, has been arrested and charged with theft of state funds related to sales tax evasion. The arrest follows an extensive investigation by the Florida Department of Revenue, revealing over $102,000 in unpaid sales taxes.
The investigation, led by Revenue Investigator Lindsay Davis, focused on Shae Malachowski LLC, operating under the names Crumbl Cookies and Crumbl Viera. The investigation uncovered that from June 2022 to June 2023, Malachowski collected $103,203.29 in sales tax from customers but failed to remit these funds to the State of Florida.
The investigation was initiated after routine checks and customer complaints. During the investigation, Davis discovered that Malachowski had systematically underreported sales and diverted tax funds for personal use. Despite being registered with the Florida Department of Revenue and being aware of the legal obligations, Malachowski did not fulfill her tax duties.
The probable cause affidavit, filed on February 14, 2024, details the charges against Malachowski, including:
- Felony theft of state funds (sales tax) under Section 212.15 (2) (d) of Florida Statutes.
Malachowski’s business, located at 2270 Town Center Ave, Suite 111, Melbourne, FL, was found to have significant compliance issues. Despite earning substantial revenue, Malachowski’s firm failed to remit the required sales taxes. The investigation also revealed attempts to evade detection, including failing to file returns on time and providing false information to revenue officers.
During the investigation, Malachowski admitted to some of the discrepancies but attributed them to accounting errors and inadequate support from her former attorney and accountant. She acknowledged the business’s financial struggles but maintained that the tax evasion was not intentional.
Malachowski was taken into custody without incident and transported to the Brevard County Jail. She faces severe penalties if convicted, including significant fines and possible imprisonment.
Malachowski’s court date has yet to be announced.
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