Federal indictments accuse owner of Osaka restaurant in West Ashley of employing illegal aliens, shorting IRS on tax money

An officer stands outside the Osaka Japanese and Chinese restaurant in South Windermere Shopping Centeron Thursday February 3, 2011. The owner and his wife were indicted this week for allegedly employing illegal aliens, failing to pay taxes and trying to evade federal reporting requirements for bank transactions. (Grace Beahm/postandcourier.com)

Grace Beahm


The owner of Osaka restaurant in West Ashley and his wife have been indicted on federal charges related to the business in the South Windermere Shopping Center.

Dao Ping Lin, owner of the Folly Road Japanese and Chinese restaurant, is accused of hiring illegal aliens and willfully shorting the Internal Revenue Service on money owed for federal income taxes, according to an indictment.

His wife, Jin Xiang Yang, is accused of structuring bank withdrawals to avoid federal scrutiny of their bank activity.

When reached at the restaurant Tuesday, Yang said she and her husband are represented by an attorney, but she did not immediately recall the lawyer’s name. She said someone would get back to The Post and Courier later today.

Lin is accused of knowingly hiring undocumented workers between October 2009 and February 2011, the indictment stated. Authorities have not said how many illegal workers were hired.

He is also accused of failing to properly deduct and collect federal income taxes during the fourth quarter of 2010, and then failing to pay the IRS that money in January 2011, the indictment states.

The indictment does not state how much money was involved, but federal authorities are seeking a judgement against Lin for a minimum of $319,699.

Yang is accused of making at least 102 withdrawals from Bank of America in amounts less than $10,000, which would trigger federal reporting regulations. Between January 2007 and December 2009, Yang allegedly withdrew nearly $1 million, the indictment states.

The indictment does not say what the money was specifically used for, but accused Yang of withdrawing more than $100,000 in 2008 as “part of a pattern of illegal activity.”

The indictments come more than two years after federal agents raided the business in February 2011.

At the time, federal authorities would not discuss the reason for their visit, saying in a statement that: “ICE Homeland Security Investigation special agents are assisting the IRS with the execution of federal search warrants as part of an ongoing investigation. As a matter of ICE policy, we’re precluded from commenting on ongoing investigations.”