ROCKFORD, IL — Lawyers for former Rockford restauranteur James “Jimmy” Vitale and his bookkeeper have filed a motion to dismiss most of the charges of theft and tax evasion filed last year by Attorney General Kwame Raoul’s office.
Vitale, 75, of Belvidere, who owned and operated the Stone Eagle Tavern in Rockford and Hoffman Estates, and his bookkeeper, Lori A. Rice, 53, of Rockford, have pleaded not guilty to charges they defrauded the state of Illinois out of more than $100,000 in sales taxes.
Their lawyers are asking the court to dismiss most of the charges in the case, making among other arguments, that the government’s accusations may were made too late and outside of the statute of limitations.
A status hearing is scheduled July 2 before Winnebago County Judge John Gibbons, but they have not scheduled a hearing to argue the motion to dismiss.
Vitale’s Chicago-based attorney Daniel Collins declined to comment.
Charges against Vitale and Rice were announced in November 2025.
According to Raoul’s office, Vitale and Rice underreported sales for the Stone Eagle Tavern between January 2016 and September 2020, producing more than $100,000 in tax liability.
They were charged with theft of government property over $100,000, sales tax evasion, the fraudulent filing of a sales tax return and forgery.
Theft of government property over $100,000 is the most serious of the charges and is a Class X felony, punishable by six to 30 years in prison and up to a $25,000 fine. Sales tax evasion is a Class 1 felony punishable by up to 15 years in prison. Filing a fraudulent sales tax return is a Class 3 felony punishable by up to five years in prison. Forgery is a Class 3 felony punishable by up to five years in prison, according to the bill of indictment.
Any sentences are ultimately determined by the court.
Jeff Kolkey writes about government, economic development and other issues for the Rockford Register Star. He can be reached via email at jkolkey@rrstar.com and on X @jeffkolkey.
This article originally appeared on Rockford Register Star: Lawyers for Rockford restauranteur move to dismiss fraud charges
Reporting by Jeff Kolkey, Rockford Register Star / Rockford Register Star
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