Press release
On July 23, 2020, the Genesee County Sheriff’s Office arrested Michael S. Tomaszewski (48), of Edgewood Drive, Batavia after an extensive investigation which began in February 2020, regarding the business practices of Michael S. Tomaszewski Funeral & Cremation Chapel, LLC. The investigation was initiated following a complaint received by the Sheriff’s Office from the Genesee County Office for the Aging on behalf of a customer of Michael S. Tomaszewski Funeral & Cremation Chapel, LLC, who expressed concern regarding monies they had paid for pre-paid funeral arrangements.
Tomaszewski is presently charged with 91 counts of Failure to Deposit Monies Paid in Advance in connection with Agreements for Funeral Merchandise or Services, a violation of NYS General Business law as it is alleged that Michael S. Tomaszewski received monies in the form of pre payments for the future funeral expenses of 91 customers for which trust accounts were never opened.
Under New York State General Business Law, these pre-paid monies are required to be placed in trust accounts in the customer’s name within 10 days upon receipt of funds. It is alleged that the monies paid were not placed into trust accounts and that no such accounts were ever opened in the customer’s name; further, Tomaszewski is also accused of receiving payment from 2 customers for headstones and gravesites which were never purchased.
It is alleged that various amounts of money ranging from $350 to $15,500 were paid by customers to Tomaszewski to be used for their specific future funeral expenses. It is believed that the monies paid were not placed into trust accounts and/or were not used for the specified purpose of the customers’ future funeral expenses to include the purchase of headstones and gravesites.
This activity is reflected in the 61 counts of Grand Larceny 3rd, 29 counts of Grand Larceny 4th, and 3 counts of Petit Larceny. These charges regarding the various levels of larceny are representative of the various differing amounts of money paid by the 93 customers.
Tomaszewski is also charged with 5 counts of Falsifying Business Records 1st as it is alleged that he created business documents reflecting fictitious account information for trust accounts that had never been opened.
A charge of Offering a False Instrument for Filing, 1st accuses Tomaszewski of sending documentation to the Genesee County Department of Social Services knowing that the account referenced in the documentation was fictitious and that the document was to be filed with the Genesee County Department of Social Service.
Two counts of Scheme to Defraud charges represent allegations that Tomaszewski engaged in a scheme constituting a systematic course of conduct with intent to defraud 10 or more persons by false or fraudulent pretenses, representations or promises and so obtained money from one or more persons. The second count accuses Tomaszewski of engaging in such conduct with intent to defraud more than one person whom is a vulnerable elderly person as defined in the NYS Penal Law.
The total for the combined losses in the above-described circumstances is approximately $525,000.
On the above date, Tomaszewski was charged and arraigned via Skype in the Genesee County Court by Judge Zambito, sitting as a local criminal court, for the following charges. Tomaszewski was released on his own recognizance and is scheduled to reappear in the Batavia Town Court on September 17, 2020, at 10:00 a.m.
-61 counts of Grand Larceny 3rd, violation of Penal Law 155.35, a class D Felony
-29 counts of Grand Larceny 4th, violation of Penal Law 155.30, a class E Felony
-5 counts of Falsifying Business Records 1st, violation of Penal Law 175.10, a class E Felony
-2 Counts Scheme to Defraud 1st, violation of Penal Law 190.65, a class E Felony
-1 Count of Offering a False Instrument for Filing 1st, violation of Penal Law 175.35, a class E Felony
-3 counts of Petit Larceny, violation of Penal Law 155.25, a class A Misdemeanor
-91 counts of Failure to Deposit Monies, violation of NYS General Business Law Sec. 453, a class A Misdemeanor
The investigation is continuing and further charges are expected.
Anyone believing they are a victim may call Pre-Plan, a preneed trust fund management company, at (800) 577-3752 to verify the existence of a Pre-Plan account or log into their website to verify their account. http://www.nysfda.org/index.php/affiliates/preplan
If you believe you are a victim in this matter and have not spoken to the Genesee County Sheriff’s Office previously, please call (585) 343-5000 to make a report.
The case has been investigated by the Genesee County Sheriff’s Office, Genesee County Department of Social Services, Genesee County Office of the Aging, PrePlan, Lifespan of Greater Rochester and the Genesee County District Attorney’s Office.