Niagara Gazette

Lewiston

October 14, 2013

Toohey in line for reduced sentence in embezzlement case

Niagara Gazette — BUFFALO — Federal prosecutors say they will ask for a reduced sentence for disbarred Lewiston lawyer Timothy Toohey in connection with the Hickory Stick embezzlement case.

In a court filing obtained by the Gazette, Assistant United States Attorney James P. Kennedy advised U.S. District Court Judge Richard Arcara that he will "move this court for a downward departure from the sentencing guideline range otherwise applicable to (Toohey)." Kennedy said the basis for requesting a reduced sentence was "(Toohey's) substantial assistance in the investigation and prosecution of other persons" connected to the Hickory Stick embezzlement probe.

Toohey pleaded guilty to embezzling $202,000 from the $2.1 million Seneca Gaming Corp. Hickory Stick Golf Course project in January 2010. His sentencing has been delayed multiple times because of his ongoing cooperation with federal law enforcement agents and U.S. attorneys as they moved forward with cases against other defendants charged in the embezzlement scheme.

That cooperation was required as part of a plea deal he made with prosecutors. 

In addition to the embezzlement charge, Toohey also pleaded guilty to filing a false tax return that did not reflect the income he received from the embezzlement.

Sources close to the case have told the Gazette that Toohey has provided detailed information to the FBI about the land deal that secured the 251-acre plot of land for the Seneca Gaming Corp.'s golf course in Lewiston. 

Without a sentence reduction, Toohey faces a maximum possible penalty of five years in prison, a fine of $250,000 or both on the embezzlement charge. The income tax law violation carries a maximum three-year prison term and a fine of $100,000 or both.

Federal sentencing guidelines, without a reduction, show Toohey could face a prison term of somewhere between 21 and 47 months. Prosecutors have indicated that, as part of any sentence, they will ask for restitution from Toohey to the Seneca Gaming Corp.

Text Only | Photo Reprints
Lewiston
Featured Ads
House Ads
AP Video
'Modern Family' Star on Gay Athletes Coming Out MN Twins Debut Beer Vending Machine DA: Pa. Doctor Fired Back at Hospital Gunman Raw: Iowa Police Dash Cam Shows Wild Chase Obama Seeks Limits on US Company Mergers Abroad Large Family to Share NJ Lottery Winnings U.S. Flights to Israel Resume After Ban Lifted Official: Air Algerie Flight 'probably Crashed' TSA Administrator on Politics and Flight Bans Raw: National Guard Helps Battle WA Wildfires Raw: Ukraine's Donetsk Residents Flee Senators Push to End Hamas Threat in Cease-Fire A Young Victim's Premonition, Hug Before MH17 Raw: Deadly Storm Hits Virginia Campground Death Penalty Expert: 'This is a Turning Point' Raw: MH17 Victim's Bodies Arrive in Netherlands Raw: Families Travel to Taiwan Plane Crash Site Arizona Execution Takes Almost Two Hours Crash Kills Teen Pilot Seeking World Record
Opinion
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page