A Marion County judge has dismissed 27 felony tax charges against Robert Sabatini, the former owner of several Broad Ripple bars, including Average Joe’s Sports Pub & Grub. Judge Clark Rogers ruled that the prosecution’s investigation was an unconstitutional “fishing expedition” conducted without reasonable suspicion.
In a 25-page order, Judge Rogers found that the Marion County Prosecutor’s Office improperly accessed confidential tax records and utilized misleading assertions to secure investigative subpoenas. The court determined that the search of Sabatini’s financial documents violated the Fourth Amendment of the U.S. Constitution and Indiana state law. Furthermore, the judge noted that investigators lacked a fundamental understanding of restaurant-industry accounting standards, rendering the basis for the charges legally insufficient.
The charges, which alleged that Sabatini underreported nearly $4 million in sales and failed to pay approximately $350,000 in taxes between 2020 and 2023, were dismissed with prejudice. The court also highlighted that the Indiana Department of Revenue had not requested the records in question during the period covered by the allegations. The Marion County Prosecutor’s Office has not provided a formal response to the ruling.