Niagara Gazette

Local News

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
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
SKorea Ferry Toll Hits 156, Search Gets Tougher Video Shows Possible Syrian Gas Attack Cubs Superfans Celebrate Wrigley's 100th Raw: Cattle Truck Overturns in Texas Admirers Flock to Dole During Kansas Homecoming Raw: Erupting Volcanoes in Guatemala and Peru Alibaba IPO Could Be Largest Ever for Tech Firm FBI Joining Probe of Suburban NY 'Swatting' Call U.S. Paratroopers in Poland, Amid Ukraine Crisis US Reviews Clemency for Certain Inmates Raw: Violence Erupts in Rio Near Olympic Venue Raw: Deadly Bombing in Egypt Raw: What's Inside a Commercial Jet Wheel Well Raw: Obama Arrives in Japan for State Visit Raw: Anti-Obama Activists Fight Manila Police Motels Near Disney Fighting Homeless Problem Michigan Man Sees Thanks to 'bionic Eye' S.C. Man Apologizes for Naked Walk in Wal-Mart Chief Mate: Crew Told to Escape After Passengers
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
Poll

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results