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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-23580

MANUEL CHAVES, 

Plaintiff,

vs.

BASILICO RISTORANTE AT DORAL, INC., 

RODRIGO R. GONZALEZ, AND 

CARLOS LOYA, 

 Defendants. 

______________________________/ 

COMPLAINT 

 

Plaintiff, Manuel Chaves, sues Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. 

Gonzalez, and Carlos Loya, as follows:

Parties, Jurisdiction, and Venue 

1. Plaintiff, Manuel Chaves, is over 18 years old and has been a sui juris resident of 

Miami-Dade County, Florida, at all times material. 

2. Defendant, Basilico Ristorante at Doral, Inc., is a sui juris Florida for-profit 

corporation that was authorized to conduct and actually conducted its for-profit restaurant business 

in Miami-Dade County, Florida, at all times material, where it maintains its principal place of 

business. 

3. Defendant, Rodrigo R. Gonzalez, was at all times material an 

owner/officer/director/manager of the corporate Defendant, for the time period relevant to this 

lawsuit. He ran its day-to-day operations, was responsible for all operational decisions, was partially 

or totally responsible for paying Plaintiff’s wages and the issuance of information returns.

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4. Defendant, Carlos Loya, was at all times material an owner/officer/director/manager 

of the corporate Defendant, for the time period relevant to this lawsuit. He also ran its day-to-day 

operations, was responsible for all operational decisions, was partially or totally responsible for 

paying Plaintiff’s wages and the issuance of information returns.

5. This Court has original jurisdiction over Plaintiff’s federal question claims pursuant 

to 28 U.S.C. §1331, 26 U.S.C. §201, et seq., and pendent/supplemental jurisdiction over Plaintiff’s 

related Florida state law claim. 

6. Venue is proper pursuant to 28 U.S.C. §1391(b)(ii) because Defendants transact 

business in this District, because Defendants, maintained their principal places of business in this 

District, because Plaintiff worked and was due to be paid in Miami-Dade County, and because most 

if not all of the operational decisions were made in this District. 

7. Any/all condition(s) precedent to filing this lawsuit occurred and/or was satisfied by 

Plaintiff. 

8. Plaintiff retained the undersigned counsel and agreed to pay a reasonable fee for all 

services rendered. 

COUNT I - FLSA MINIMUM WAGE VIOLATION(S) 

Plaintiff, Manuel Chaves, reincorporates and re-alleges all preceding paragraphs as though 

set forth fully herein and further alleges as follows:

9. Defendants were Plaintiff’s direct employers, joint employers and co-employers for 

purposes of the FLSA, as the term “employer” is defined by 29 U.S.C. §203(d). 

10. Defendants have been, at all times material, an enterprise engaged in interstate 

commerce in the course of their marketing, preparation, cooking, service, and sale of foodstuffs, 

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produce, meats, fish, beverages, coffees, teas, alcoholic beverages, and products that have moved 

through interstate commerce. 

11. Defendants cooked, prepared, and stored perishables and alcoholic beverages while 

using machinery, appliances, refrigeration goods and materials that also have moved through 

interstate commerce. 

12. Defendants also engage in interstate commerce in the course of their submission of 

billings and receipt of payment involving out-of-state payors. 

13. Furthermore, Defendants obtain, solicit, exchange and send funds to and from 

outside of the State of Florida, regularly and recurrently use telephonic transmissions going outside 

of the State of Florida to conduct business, and transmit electronic information through computers, 

the internet, via email, and otherwise outside of the State of Florida in the course of their business.

14. Defendants’ annual gross revenues derived from this interstate commerce are 

believed to be in excess of $500,000.00 per year and/or in excess of $125,000 for each fiscal quarter 

during the preceding three years. 

15. Plaintiff was an hourly employee of Defendants, as the term “employee” is defined 

by 29 U.S.C. §203(e).

16. Plaintiff was a non-exempt employee of Defendants.

17. Plaintiff consents to participate in this lawsuit.

18. Plaintiff’s work for Defendants was actually in or so closely related to the movement 

of commerce while he worked for Defendants that the Fair Labor Standards Act applies to Plaintiff’s 

work for Defendants in the course of her handling and serving food, produce, and beverages that 

have traveled through interstate commerce while also regularly and recurrently utilizing computers, 

equipment, telephone lines, funds, and electronic transmissions that also traveled through interstate 

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commerce. 

19. Plaintiff regularly, recurrently, and routinely processed credit card and ATM card 

payments utilizing communications that traveled outside of the State of Florida and operated a cash 

register to receive payments for selling food and beverages that traveled in interstate commerce prior 

to his sale of same. 

20. Plaintiff worked for Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. 

Gonzalez, and Carlos Loya, from about July of 2011 to September 8, 2022. 

21. To the extent that records exist regarding the exact dates of Plaintiff’s employment 

exist, such records are believed to be in the exclusive custody of Defendants. 

22. Defendants paid Plaintiff a rate of $15/shift, plus tips, for most of the time he worked 

for them. 

23. For approximately the last year of his employment, Defendants paid Plaintiff at a rate 

of $25/shift, plus tips.

24. Defendants paid a portion of the wages earned by Plaintiff through a payroll check 

and paid other wages to him in a separate check for which he did not receive a W-2 or 1099.

25. Plaintiff would regularly and routinely work more than 40 hours in a workweek for 

Defendants. 

26. Defendants failed and refused to pay Plaintiff at least the applicable minimum wage 

for all hours worked during the three years prior to the filing of this Complaint. 

27. Defendants willfully and intentionally refused to pay Plaintiff at least the applicable 

minimum wage during the relevant time period.

28. Defendants either recklessly failed to investigate whether their failure to pay Plaintiff 

at least the applicable minimum wage for the hours he worked during the relevant time period 

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violated the Federal Wage Laws of the United States, they intentionally misled Plaintiff to believe 

that Defendants were not required to pay him at least a minimum wage, and/or Defendants 

concocted a scheme pursuant to which they deprived Plaintiff the minimum wage pay he earned.

29. Plaintiff is entitled to a backpay award of for remainder of the minimum wage owed 

to him for each of the hours worked during the relevant time period, plus an equal amount as a 

liquidated damages, plus all attorneys’ fees and costs. 

WHEREFORE Plaintiff, Manuel Chaves, demands the entry of a judgment in his favor and 

against Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos Loya, jointly 

and severally after trial by jury, and as follows:

a. That Plaintiff recover compensatory minimum wage damages and an equal 

amount of liquidated damages as provided under the law and in 29 U.S.C. § 

216(b);

b. That Plaintiff recover pre-judgment interest on all unpaid minimum wages if 

the Court does not award liquidated damages;

c. That Plaintiff recover an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to the FLSA;

d. That Plaintiff recover all interest allowed by law;

e. That Defendants be Ordered to make Plaintiff whole by providing 

appropriate minimum pay and other benefits wrongly denied in an amount 

to be shown at trial and other affirmative relief; 

f. That the Court declare Defendants to be in willful violation of the minimum 

provisions of the FLSA; and 

g. Such other and further relief as the Court deems just and proper.

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COUNT II - FLSA OVERTIME WAGE VIOLATION(S) 

Plaintiff, Manuel Chaves, reincorporates and re-alleges paragraphs 1 through 24 as though 

set forth fully herein and further alleges as follows:

30. Plaintiff would regularly and routinely work more than 40 hours in a workweek for 

Defendants. 

31. Defendants failed and refused to pay Plaintiff overtime wages calculated at time and 

one-half times of the applicable Florida minimum wage all of the hours worked beyond 40 hours in 

a given workweek during the three years prior to the filing of this Complaint. 

32. Defendants willfully and intentionally refused to pay Plaintiff wages at a rate of time 

and one-half times of Plaintiff’s regular rate of pay for each of the overtime hours worked during the 

relevant time period.

33. Defendants either recklessly failed to investigate whether their failure to pay Plaintiff 

an overtime wage for the hours he worked during the relevant time period violated the Federal Wage 

Laws of the United States, they intentionally misled Plaintiff to believe that Defendants were not 

required to pay an overtime rate, and/or Defendants concocted a scheme pursuant to which they 

deprived Plaintiff the overtime pay earned.

34. Plaintiff is entitled to a backpay award of overtime wages for all overtime hours 

worked, plus an equal amount as a liquidated damages, plus all attorneys’ fees and costs. 

WHEREFORE Plaintiff, Manuel Chaves, demands the entry of a judgment in his favor and 

against Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos Loya, jointly 

and severally after trial by jury, and as follows:

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h. That Plaintiff recover compensatory overtime wage damages and an equal 

amount of liquidated damages as provided under the law and in 29 U.S.C. § 

216(b);

i. That Plaintiff recover pre-judgment interest on all unpaid overtime wages if 

the Court does not award liquidated damages;

j. That Plaintiff recover an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to the FLSA;

k. That Plaintiff recover all interest allowed by law;

l. That Defendants be Ordered to make Plaintiff whole by providing 

appropriate overtime pay and other benefits wrongly denied in an amount to 

be shown at trial and other affirmative relief; 

m. That the Court declare Defendants to be in willful violation of the overtime 

provisions of the FLSA; and 

n. Such other and further relief as the Court deems just and proper.

COUNT III – VIOLATION(S) OF 26 U.S.C. §7434 (2017) 

 

Plaintiff, Manuel Chaves, reincorporates and re-alleges paragraphs 1 through 8 as though set 

forth fully herein and further alleges as follows:

35. Plaintiff performed worked for Defendants, Basilico Ristorante at Doral, Inc., 

Rodrigo R. Gonzalez, and Carlos Loya, during calendar year 2017. 

36. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, each had an obligation to provide correct information returns to the IRS and to the Plaintiff

for each year that he worked for Defendants. 

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37. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, paid Plaintiff and so are directly responsible for the issuance of checks to Plaintiff(s), the 

payment of taxes to the IRS based on the wages earned by and paid to Plaintiff, the accurate reporting 

of all income paid as to Plaintiff as wages, the issuance of correct W-2’s to Plaintiff for calendar year 

which he performed work for them, and the filing of correct information returns on own behalf of 

the corporate Defendant for each calendar year he worked for Defendants. 

38. During calendar year 2017, Defendants, Basilico Ristorante at Doral, Inc., Rodrigo 

R. Gonzalez, and Carlos Loya, paid Plaintiff part of his wages by payroll check and also paid him 

with other checks from which Defendants did not deduct any taxes and/or in cash, and for which 

they made no contributions to social security for him and which amounts they did not report to the 

IRS. 

39. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, did not include the amounts that they paid to Plaintiff in the separate checks and/or in cash in 

any information returns relating to the wages earned by (or paid to) Plaintiff, such as the Form W2’s that Defendants issued to Plaintiff for calendar year 2017. 

40. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, willfully and intentionally served/filed/provided Plaintiff with a fraudulent and/or false IRS 

Form W-2 for calendar year 2017 by underreporting the amount they paid to Plaintiff in calendar 

year 2017. 

41. Plaintiff suffered damages as a result of Defendants’ willful provision of false a 

false/fraudulent information returns in 2017 caused by Defendants’ intentional and willful acts as 

described above by not receiving Defendants’ contributions to his social security and by suffering 

other damages. 

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42. Section 7434 of 26 U.S.C. provides, in pertinent part, as follows: 

(a) In general 

If any person willfully files a fraudulent information return with respect to payments 

purported to be made to any other person, such other person may bring a civil action 

for damages against the person so filing such return. 

(b) Damages In any action brought under subsection (a), upon a finding of liability 

on the part of the defendant, the defendant shall be liable to the plaintiff in an amount 

equal to the greater of $5,000 or the sum of— 

(1) any actual damages sustained by the plaintiff as a proximate result of the 

filing of the fraudulent information return (including any costs attributable to 

resolving deficiencies asserted as a result of such filing), 

(2) the costs of the action, and 

(3) in the court’s discretion, reasonable attorneys’ fees.

WHEREFORE Plaintiff, Manuel Chaves, demands the entry of a judgment in his favor and 

against Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos Loya, jointly 

and severally after trial by jury and as follows: 

a. That Plaintiff recover the greater of $5,000 for each fraudulent information 

return filed/served by Defendants for 2017 as set forth above; 

b. That Plaintiff recover an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to 26 U.S.C. §7434;

c. That Plaintiff recover all interest allowed by law; and

d. Such other and further relief as the Court deems just and proper.

COUNT IV – VIOLATION(S) OF 26 U.S.C. §7434 FOR 2018 

 

Plaintiff, Manuel Chaves, reincorporates and re-alleges paragraphs 1 through 8 as though set 

forth fully herein and further alleges as follows:

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43. Plaintiff performed worked for Defendants, Basilico Ristorante at Doral, Inc., 

Rodrigo R. Gonzalez, and Carlos Loya, during calendar year 2018. 

44. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, each had an obligation to provide correct information returns to the IRS and to the Plaintiff.

45. During calendar year 2018, Defendants, Basilico Ristorante at Doral, Inc., Rodrigo 

R. Gonzalez, and Carlos Loya, paid Plaintiff part of his wages by payroll check and also paid him 

with other checks from which Defendants did not deduct any taxes and/or in cash, and for which 

they made no contributions to social security for him and which amounts they did not report to the 

IRS. 

46. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, did not include the amounts that they paid to Plaintiff in the separate checks and/or in cash in 

any information returns relating to the wages earned by (or paid to) Plaintiff, such as the Form W2’s that Defendants issued to Plaintiff for calendar year 2018. 

47. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, willfully and intentionally served/filed/provided Plaintiff with a fraudulent and/or false IRS 

Form W-2 for calendar year 2018 by underreporting the amount they paid to Plaintiff in calendar 

year 2018. 

48. Plaintiff suffered damages as a result of Defendants’ willful provision of false a 

false/fraudulent information returns in 2018 caused by Defendants’ intentional and willful acts as 

described above by not receiving Defendants’ contributions to his social security and by suffering 

other damages.

49. Section 7434 of 26 U.S.C. provides, in pertinent part, as follows: 

(a) In general 

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If any person willfully files a fraudulent information return with respect to payments 

purported to be made to any other person, such other person may bring a civil action 

for damages against the person so filing such return. 

(b) Damages In any action brought under subsection (a), upon a finding of liability 

on the part of the defendant, the defendant shall be liable to the plaintiff in an amount 

equal to the greater of $5,000 or the sum of— 

(1) any actual damages sustained by the plaintiff as a proximate result of the 

filing of the fraudulent information return (including any costs attributable to 

resolving deficiencies asserted as a result of such filing), 

(2) the costs of the action, and 

(3) in the court’s discretion, reasonable attorneys’ fees.

WHEREFORE Plaintiff, Manuel Chaves, demands the entry of a judgment in her favor and 

against Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos Loya, jointly 

and severally after trial by jury and as follows: 

a. That Plaintiff recover the greater of $5,000 for each fraudulent information 

return filed/served by Defendants for 2018 as set forth above; 

b. That Plaintiff recover an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to 26 U.S.C. §7434; 

c. That Plaintiff recover all interest allowed by law; and

d. Such other and further relief as the Court deems just and proper.

COUNT V – VIOLATION(S) OF 26 U.S.C. §7434 (2019) 

 

Plaintiff, Manuel Chaves, reincorporates and re-alleges paragraphs 1 through 8 as though set 

forth fully herein and further alleges as follows:

50. Plaintiff performed worked for Defendants, Basilico Ristorante at Doral, Inc., 

Rodrigo R. Gonzalez, and Carlos Loya, during calendar year 2019. 

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51. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, each had an obligation to provide correct information returns to the IRS and to the Plaintiff

for each year that he worked for Defendants. 

52. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, paid Plaintiff and so are directly responsible for the issuance of checks to Plaintiff(s), the 

payment of taxes to the IRS based on the wages earned by and paid to Plaintiff, the accurate reporting 

of all income paid as to Plaintiff as wages, the issuance of correct W-2’s to Plaintiff for calendar year 

which he performed work for them, and the filing of correct information returns on own behalf of 

the corporate Defendant for each calendar year he worked for Defendants. 

53. During calendar year 2019, Defendants, Basilico Ristorante at Doral, Inc., Rodrigo 

R. Gonzalez, and Carlos Loya, paid Plaintiff part of his wages by payroll check and also paid him 

with other checks from which Defendants did not deduct any taxes and/or in cash, and for which 

they made no contributions to social security for him and which amounts they did not report to the 

IRS. 

54. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, did not include the amounts that they paid to Plaintiff in the separate checks and/or in cash in 

any information returns relating to the wages earned by (or paid to) Plaintiff, such as the Form W2’s that Defendants issued to Plaintiff for calendar year 2019. 

55. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, willfully and intentionally served/filed/provided Plaintiff with a fraudulent and/or false IRS 

Form W-2 for calendar year 2019 by underreporting the amount they paid to Plaintiff in calendar 

year 2019. 

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56. Plaintiff suffered damages as a result of Defendants’ willful provision of false a 

false/fraudulent information returns in 2019 caused by Defendants’ intentional and willful acts as 

described above by not receiving Defendants’ contributions to his social security and by suffering 

other damages.

57. Section 7434 of 26 U.S.C. provides, in pertinent part, as follows: 

(a) In general 

If any person willfully files a fraudulent information return with respect to payments 

purported to be made to any other person, such other person may bring a civil action 

for damages against the person so filing such return. 

(b) Damages In any action brought under subsection (a), upon a finding of liability 

on the part of the defendant, the defendant shall be liable to the plaintiff in an amount 

equal to the greater of $5,000 or the sum of— 

(1) any actual damages sustained by the plaintiff as a proximate result of the 

filing of the fraudulent information return (including any costs attributable to 

resolving deficiencies asserted as a result of such filing), 

(2) the costs of the action, and 

(3) in the court’s discretion, reasonable attorneys’ fees.

WHEREFORE Plaintiff, Manuel Chaves, demands the entry of a judgment in his favor and 

against Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos Loya, jointly 

and severally after trial by jury and as follows: 

a. That Plaintiff recover the greater of $5,000 for each fraudulent information 

return filed/served by Defendants for 2019 as set forth above; 

b. That Plaintiff recover an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to 26 U.S.C. §7434;

c. That Plaintiff recover all interest allowed by law; and

d. Such other and further relief as the Court deems just and proper.

Case 1:22-cv-23580-JEM Document 1 Entered on FLSD Docket 11/02/2022 Page 13 of 18
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COUNT VI – VIOLATION(S) OF 26 U.S.C. §7434 (2020) 

 

Plaintiff, Manuel Chaves, reincorporates and re-alleges paragraphs 1 through 8 as though set 

forth fully herein and further alleges as follows:

58. Plaintiff performed worked for Defendants, Basilico Ristorante at Doral, Inc., 

Rodrigo R. Gonzalez, and Carlos Loya, during calendar year 2020. 

59. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, each had an obligation to provide correct information returns to the IRS and to the Plaintiff

for each year that he worked for Defendants. 

60. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, paid Plaintiff and so are directly responsible for the issuance of checks to Plaintiff(s), the 

payment of taxes to the IRS based on the wages earned by and paid to Plaintiff, the accurate reporting 

of all income paid as to Plaintiff as wages, the issuance of correct W-2’s to Plaintiff for calendar year 

which he performed work for them, and the filing of correct information returns on own behalf of 

the corporate Defendant for each calendar year he worked for Defendants. 

61. During calendar year 2020, Defendants, Basilico Ristorante at Doral, Inc., Rodrigo 

R. Gonzalez, and Carlos Loya, paid Plaintiff part of his wages by payroll check and also paid him 

with other checks from which Defendants did not deduct any taxes and/or in cash, and for which 

they made no contributions to social security for him and which amounts they did not report to the 

IRS. 

62. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, did not include the amounts that they paid to Plaintiff in the separate checks and/or in cash in 

any information returns relating to the wages earned by (or paid to) Plaintiff, such as the Form W2’s that Defendants issued to Plaintiff for calendar year 2020. 

Case 1:22-cv-23580-JEM Document 1 Entered on FLSD Docket 11/02/2022 Page 14 of 18
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63. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, willfully and intentionally served/filed/provided Plaintiff with a fraudulent and/or false IRS 

Form W-2 for calendar year 2020 by underreporting the amount they paid to Plaintiff in calendar 

year 2020. 

64. Plaintiff suffered damages as a result of Defendants’ willful provision of false a 

false/fraudulent information returns in 2020 caused by Defendants’ intentional and willful acts as 

described above by not receiving Defendants’ contributions to his social security and by suffering 

other damages.

65. Section 7434 of 26 U.S.C. provides, in pertinent part, as follows: 

(a) In general 

If any person willfully files a fraudulent information return with respect to payments 

purported to be made to any other person, such other person may bring a civil action 

for damages against the person so filing such return. 

(b) Damages In any action brought under subsection (a), upon a finding of liability 

on the part of the defendant, the defendant shall be liable to the plaintiff in an amount 

equal to the greater of $5,000 or the sum of— 

(1) any actual damages sustained by the plaintiff as a proximate result of the 

filing of the fraudulent information return (including any costs attributable to 

resolving deficiencies asserted as a result of such filing), 

(2) the costs of the action, and 

(3) in the court’s discretion, reasonable attorneys’ fees.

WHEREFORE Plaintiff, Manuel Chaves, demands the entry of a judgment in his favor and 

against Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos Loya, jointly 

and severally after trial by jury and as follows: 

a. That Plaintiff recover the greater of $5,000 for each fraudulent information 

return filed/served by Defendants for 2020 as set forth above; 

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b. That Plaintiff recover an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to 26 U.S.C. §7434;

c. That Plaintiff recover all interest allowed by law; and

d. Such other and further relief as the Court deems just and proper.

COUNT VII – VIOLATION(S) OF 26 U.S.C. §7434 (2021) 

 

Plaintiff, Manuel Chaves, reincorporates and re-alleges paragraphs 1 through 8 as though set 

forth fully herein and further alleges as follows:

66. Plaintiff performed worked for Defendants, Basilico Ristorante at Doral, Inc., 

Rodrigo R. Gonzalez, and Carlos Loya, during calendar year 2021. 

67. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, each had an obligation to provide correct information returns to the IRS and to the Plaintiff

for each year that he worked for Defendants. 

68. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, paid Plaintiff and so are directly responsible for the issuance of checks to Plaintiff(s), the 

payment of taxes to the IRS based on the wages earned by and paid to Plaintiff, the accurate reporting 

of all income paid as to Plaintiff as wages, the issuance of correct W-2’s to Plaintiff for calendar year 

which he performed work for them, and the filing of correct information returns on own behalf of 

the corporate Defendant for each calendar year he worked for Defendants. 

69. During calendar year 2021, Defendants, Basilico Ristorante at Doral, Inc., Rodrigo 

R. Gonzalez, and Carlos Loya, paid Plaintiff part of his wages by payroll check and also paid him 

with other checks from which Defendants did not deduct any taxes and/or in cash, and for which 

they made no contributions to social security for him and which amounts they did not report to the 

IRS. 

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70. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, did not include the amounts that they paid to Plaintiff in the separate checks and/or in cash in 

any information returns relating to the wages earned by (or paid to) Plaintiff, such as the Form W2’s that Defendants issued to Plaintiff for calendar year 2021. 

71. Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos 

Loya, willfully and intentionally served/filed/provided Plaintiff with a fraudulent and/or false IRS 

Form W-2 for calendar year 2021 by underreporting the amount they paid to Plaintiff in calendar 

year 2021. 

72. Plaintiff suffered damages as a result of Defendants’ willful provision of false a 

false/fraudulent information returns in 2021 caused by Defendants’ intentional and willful acts as 

described above by not receiving Defendants’ contributions to his social security and by suffering 

other damages.

73. Section 7434 of 26 U.S.C. provides, in pertinent part, as follows: 

(a) In general 

If any person willfully files a fraudulent information return with respect to payments 

purported to be made to any other person, such other person may bring a civil action 

for damages against the person so filing such return. 

(b) Damages In any action brought under subsection (a), upon a finding of liability 

on the part of the defendant, the defendant shall be liable to the plaintiff in an amount 

equal to the greater of $5,000 or the sum of— 

(1) any actual damages sustained by the plaintiff as a proximate result of the 

filing of the fraudulent information return (including any costs attributable to 

resolving deficiencies asserted as a result of such filing), 

(2) the costs of the action, and 

(3) in the court’s discretion, reasonable attorneys’ fees.

WHEREFORE Plaintiff, Manuel Chaves, demands the entry of a judgment in his favor and 

Case 1:22-cv-23580-JEM Document 1 Entered on FLSD Docket 11/02/2022 Page 17 of 18
135 San Lorenzo Avenue, Suite 770, Coral Gables, FL 33156

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

18

against Defendants, Basilico Ristorante at Doral, Inc., Rodrigo R. Gonzalez, and Carlos Loya, jointly 

and severally after trial by jury and as follows: 

a. That Plaintiff recover the greater of $5,000 for each fraudulent information 

return filed/served by Defendants for 2021 as set forth above; 

b. That Plaintiff recover an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to 26 U.S.C. §7434;

c. That Plaintiff recover all interest allowed by law; and

d. Such other and further relief as the Court deems just and proper.

 

DEMAND FOR JURY TRIAL

Plaintiff, Manuel Chaves, demands a trial by jury of all issues so triable.

Respectfully submitted this 2nd day of November 2022, 

 s/Brian H. Pollock, Esq.

Brian H. Pollock, Esq.

Fla. Bar No. 174742

 brian@fairlawattorney.com

 FAIRLAW FIRM

 135 San Lorenzo Avenue

 Suite 770

Coral Gables, FL 33146

 Tel: 305.230.4884

Counsel for Plaintiff

Case 1:22-cv-23580-JEM Document 1 Entered on FLSD Docket 11/02/2022 Page 18 of 18