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Roswell business owner indicted on more than 40 felonies for alleged unpaid sales taxes

A Metro Atlanta business owner has now been formally charged in Forsyth and Fulton counties with more than 40 counts of theft after he allegedly failed to pay nearly $200,000 in sales taxes to the state between 2014 and 2016.

In November, Roland Ysidro Montoya, 66, of Roswell was indicted for 22 felony counts of theft by taking in the Superior Court of Forsyth County and 20 felony counts of theft by taking in the Superior Court of Fulton County.

According to Katie Byrd, communications director for the Georgia Office of Attorney General, through his company Platinum Titan Enterprises, Montoya operated “at least seven Subway restaurant franchises in metro Atlanta” – three in Forsyth County and four in Fulton County.

Byrd said that several years ago, Montoya allegedly began making “erratic” sales tax payments to the Department of Revenue. After several attempts were made to work with him on the situation, in May of 2015 the case was turned over to the Department of Revenue Office of Special Investigation.

“(The Office of Special Investigation) found that Montoya continued operation of his Subway stores, continued to collect sales taxes, and continued to fail to remit the taxes to the Department of Revenue,“ Byrd said.  

From November 2014 to July 2016, the Attorney General’s office states that Montoya allegedly collected and failed to remit to the state $193,106.51 in sales taxes – $90,482.24 from his businesses in Forsyth County and $102,624.27 in Fulton County.

According to the Forsyth County Business License office, the three subway restaurants previously owned by Montoya and Platinum Titan Enterprises at 4934, 5455 and 5665 Atlanta Hwy., are no longer owned by him.

As of Tuesday, a bench warrant has been filed for Montoya’s arrest in the Superior Court of Forsyth County.

Court records show that his case is set to be prosecuted by Assistant Attorney General Blair McGowan and will be presided over by Superior Court Judge David L. Dickinson.

Attempts to reach Montoya were unsuccessful as of press time.