Niagara Gazette

Local News

April 3, 2013

Ex-lawyer's sentence delayed

(Continued)

Niagara Gazette — Federal sentencing guidelines 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.

When he pleaded guilty, Toohey said he and Bergal Mitchell III, the former vice chairman of the Seneca Gaming Corp., made an “unlawful agreement” that allowed them to skim money from the land deal.

In addition to Toohey’s six figure haul, federal prosecutors claim Mitchell got $248,000 and his wife, Rachel, got $90,000.

In February 2011, a federal grand jury indicted Mitchell, 37, of Gowanda, on charges of bribery, theft by an officer or employee of a gaming establishment on Indian land, wire fraud, conspiracy and eight counts of money laundering. Mitchell has pleaded not guilty to those charges.

The 18-hole Hickory Stick course, designed by world-renowned golf architect Robert Trent Jones, opened in June 2010.

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