Marion County Superior Court Judge Clark Rogers has shut down the high-profile case against Broad Ripple bar owner Robert Sabatini, ruling that prosecutors crossed a constitutional line when they dug through his private tax records without a warrant. On Wednesday, Rogers dismissed all 27 felony counts and closed the case with prejudice, cutting off any chance for prosecutors to refile and abruptly ending a sprawling investigation that had accused Sabatini of underreporting millions in sales and stiffing the state on taxes.
Judge: Warrantless search violated the Fourth Amendment
In a written order, Rogers found that the Marion County Prosecutor’s Office carried out a “warrantless search that blatantly violated the Fourth Amendment” and engaged in “unwarranted official snooping,” according to FOX59. He also concluded that some of the counts were time-barred under Indiana law. The judge responded by tossing the entire indictment with prejudice, which means prosecutors are blocked from bringing the same charges again.
Rogers signed the order in Marion Superior Court 25 after defense attorneys pushed to suppress the tax-return evidence that had underpinned the case.
Investigation and charges
Prosecutors had accused Sabatini of underreporting roughly $3.99 million in taxable sales and failing to remit about $358,768 in state taxes. Those allegations formed the backbone of a 27-count indictment that included charges for failing to remit taxes held in trust and failing to keep records open for examination, according to WRTV.
The investigation kicked off in July 2023 and was described as a multi-agency effort involving the Marion County Prosecutor’s Office, the Marion County Sheriff’s Office, Indiana State Police, Indiana State Excise Police and the Indiana Department of Revenue. Several Broad Ripple establishments owned by Sabatini became the focal point of the probe.
How investigators picked targets
Court filings reviewed by FOX59 say Marion County prosecutor Carmen Walker turned to Yelp to pick 11 Broad Ripple businesses for review, then had their tax information accessed in July and August 2023 without a warrant. According to those filings, the Indiana Department of Revenue did not formally request the records until February 2025, months after search warrants were executed and charges were filed.
Rogers found that this timeline tainted the case from the start and violated constitutional protections meant to shield confidential financial records from exactly this sort of government shortcut.
Defense calls it a fishing expedition
Defense attorney Gillian DePrez Keiffner blasted the investigation in court filings, describing it as “the warrantless, suspicionless and arbitrary perusing of confidential tax returns” and arguing that prosecutors had no statutory authority to conduct what effectively became a tax audit, according to YouAreCurrent. Keiffner asked the court to suppress the tax evidence and dismiss the charges outright, also claiming that probable-cause affidavits contained inaccurate statements.
Those suppression arguments ultimately carried the day and were central to Rogers’ decision to throw out the case.
What’s next for Broad Ripple
With Sabatini’s indictment dismissed with prejudice, the state is locked out from bringing the same 27 counts again, a major setback for prosecutors who invested in a lengthy, high-profile investigation. The ruling could also complicate related inquiries into other neighborhood businesses that grew out of the same probe.
Another Broad Ripple owner caught up in the investigation, John Yaggi, still faces separate charges that remain pending, according to earlier coverage. For now, neighbors and business owners are left wondering whether the prosecutor’s office will rethink how it goes after sensitive financial records, or whether this case becomes a one-off cautionary tale about how not to build a tax-fraud case.
