{"id":18484,"date":"2020-07-23T17:14:55","date_gmt":"2020-07-23T21:14:55","guid":{"rendered":"http:\/\/videonewsservice.net\/?p=18484"},"modified":"2020-07-24T07:40:18","modified_gmt":"2020-07-24T11:40:18","slug":"genesee-county-funeral-director-charged-in-extensive-investigation-regarding-business-practices","status":"publish","type":"post","link":"https:\/\/videonewsservice.net\/index.php\/2020\/07\/23\/genesee-county-funeral-director-charged-in-extensive-investigation-regarding-business-practices\/","title":{"rendered":"GENESEE COUNTY\/Funeral director charged in extensive investigation regarding business practices"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

Press release<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

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. <\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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. <\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

The total for the combined losses in the above-described circumstances is approximately $525,000.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

-61 counts of Grand Larceny 3rd, violation of Penal Law 155.35, a class D Felony <\/p>\n\n\n\n

-29 counts of Grand Larceny 4th, violation of Penal Law 155.30, a class E Felony <\/p>\n\n\n\n

-5 counts of Falsifying Business Records 1st, violation of Penal Law 175.10, a class E Felony <\/p>\n\n\n\n

-2 Counts Scheme to Defraud 1st, violation of Penal Law 190.65, a class E Felony <\/p>\n\n\n\n

-1 Count of Offering a False Instrument for Filing 1st, violation of Penal Law 175.35, a class E Felony <\/p>\n\n\n\n

-3 counts of Petit Larceny, violation of Penal Law 155.25, a class A Misdemeanor <\/p>\n\n\n\n

-91 counts of Failure to Deposit Monies, violation of NYS General Business Law Sec. 453, a class A Misdemeanor<\/p>\n\n\n\n

The investigation is continuing and further charges are expected. <\/p>\n\n\n\n

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<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n","protected":false},"excerpt":{"rendered":"

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 \u2026<\/p>\n

Continue reading<\/i><\/a><\/p>\n","protected":false},"author":1,"featured_media":430,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","om_disable_all_campaigns":false,"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_seo_schema_type":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[8],"tags":[],"class_list":["post-18484","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-batavia"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p8eTP4-4O8","jetpack-related-posts":[{"id":20855,"url":"https:\/\/videonewsservice.net\/index.php\/2020\/11\/18\/genesee-county-former-funeral-director-charged-after-allegedly-violating-nys-public-health-law-and-offering-a-false-instrument-for-filing-a-felony\/","url_meta":{"origin":18484,"position":0},"title":"GENESEE COUNTY\/Former funeral director charged after allegedly violating NYS Public Health Law and offering a false instrument for filing, a felony","author":"aka","date":"November 18, 2020","format":false,"excerpt":"On November 18, 2020, the Genesee County Sheriff's Office arrested Michael S. Tomaszewski, 48, of Batavia, being a funeral director at his business, Michael S. Tomaszewski Funeral & Cremation Chapel LLC, he allegedly held a deceased body of a person at this business for 264 days, from April 2018-January 2019,\u2026","rel":"","context":"In "Genesee County"","block_context":{"text":"Genesee County","link":"https:\/\/videonewsservice.net\/index.php\/category\/genesee-county\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":24471,"url":"https:\/\/videonewsservice.net\/index.php\/2021\/04\/13\/genesee-county-former-funeral-director-pleads-guilty-in-plea-deal-offer\/","url_meta":{"origin":18484,"position":1},"title":"GENESEE COUNTY\/Former funeral director pleads guilty in plea deal offer","author":"aka","date":"April 13, 2021","format":false,"excerpt":"A former Batavia funeral home director accepted a plea deal in Genesee County Court on Tuesday afternoon. Michael S. Tomaszewski, 49, of Batavia pleaded guilty to one count of grand larceny 3rd degree, a class D felony, one count of scheme to defraud 1st, a class E felony, one count\u2026","rel":"","context":"In "Genesee County"","block_context":{"text":"Genesee County","link":"https:\/\/videonewsservice.net\/index.php\/category\/genesee-county\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":23864,"url":"https:\/\/videonewsservice.net\/index.php\/2021\/03\/16\/genesee-county-former-funeral-home-director-arraigned-on-violating-public-health-law-but-not-prepared-to-enter-a-plea-in-plea-deal-offer\/","url_meta":{"origin":18484,"position":2},"title":"GENESEE COUNTY\/Former funeral home director arraigned on violating public health law, but not prepared to enter a plea in plea deal offer","author":"aka","date":"March 16, 2021","format":false,"excerpt":"Michael S. Tomaszewski, 48, a former funeral home director, was arraigned on the charge of violating NYS Public Health Law, a misdemeanor, after allegedly holding a deceased body of person at his former business on West Main street in the town of Batavia for 264 days, from April 18, 2018\u2026","rel":"","context":"In "Genesee County"","block_context":{"text":"Genesee County","link":"https:\/\/videonewsservice.net\/index.php\/category\/genesee-county\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":19895,"url":"https:\/\/videonewsservice.net\/index.php\/2020\/10\/08\/genesee-county-tomaszewski-facing-additional-charges-in-continuing-investigation\/","url_meta":{"origin":18484,"position":3},"title":"GENESEE COUNTY\/Tomaszewski facing additional charges in continuing investigation","author":"aka","date":"October 8, 2020","format":false,"excerpt":"Michael S. Tomaszewski, 48, of Edgewood Drive, Batavia, is charged with seven counts of grand larceny 3rd, a class D felony, grand larceny 4th, a class E felony, three counts of petit larceny and four counts of failing to deposit monies, as a result of the continuing investigation into monies\u2026","rel":"","context":"In "Batavia"","block_context":{"text":"Batavia","link":"https:\/\/videonewsservice.net\/index.php\/category\/gennesse-county\/batavia\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2020\/07\/TOMASZEWSKI.jpg?fit=640%2C480&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":51421,"url":"https:\/\/videonewsservice.net\/index.php\/2024\/03\/10\/genesee-county-area-law-enforcement-agencies-are-supporting-the-genesee-county-sheriffs-department-after-losing-one-of-their-own\/","url_meta":{"origin":18484,"position":4},"title":"GENESEE COUNTY\/Area Law enforcement agencies are supporting the Genesee County Sheriff’s Department after losing one of their own","author":"aka","date":"March 10, 2024","format":false,"excerpt":"Press release It is with the deepest regret and sorrow that the Genesee County Sheriff reports the line-of-duty death of Sergeant Thomas A. Sanfratello, age 54, who passed away on March 10, 2024, following his involvement in an incident while working a special assignment detail at Batavia Downs. The City\u2026","rel":"","context":"In "Genesee County"","block_context":{"text":"Genesee County","link":"https:\/\/videonewsservice.net\/index.php\/category\/genesee-county\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/03\/snapshot_001-5.jpg?fit=1200%2C675&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/03\/snapshot_001-5.jpg?fit=1200%2C675&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/03\/snapshot_001-5.jpg?fit=1200%2C675&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/03\/snapshot_001-5.jpg?fit=1200%2C675&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/03\/snapshot_001-5.jpg?fit=1200%2C675&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":29040,"url":"https:\/\/videonewsservice.net\/index.php\/2021\/11\/10\/genesee-county-victims-in-tomaszewski-case-frustrated-as-sentencing-is-delayed-once-more\/","url_meta":{"origin":18484,"position":5},"title":"GENESEE COUNTY\/Victims in Tomaszewski case frustrated as sentencing is delayed once more","author":"aka","date":"November 10, 2021","format":false,"excerpt":"https:\/\/youtu.be\/rNml0IF5k6Q Video interview with victims Al Kurek and Harry\/ Kathy Tyson Michael S. Tomaszewski, 49, appeared in Genesee County Court on Wednesday morning for a scheduled sentencing, however sentencing was delayed as Tomaszewski appeared before Judge Charles Zambito requesting a Public Defender for the proceeding, Public Defender Jerry Ader then\u2026","rel":"","context":"In "Batavia"","block_context":{"text":"Batavia","link":"https:\/\/videonewsservice.net\/index.php\/category\/gennesse-county\/batavia\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2021\/11\/still-4.jpg?fit=1200%2C675&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2021\/11\/still-4.jpg?fit=1200%2C675&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2021\/11\/still-4.jpg?fit=1200%2C675&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2021\/11\/still-4.jpg?fit=1200%2C675&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2021\/11\/still-4.jpg?fit=1200%2C675&ssl=1&resize=1050%2C600 3x"},"classes":[]}],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2017\/01\/Genesee-County-Sheriffs-badge.jpg?fit=200%2C224&ssl=1","_links":{"self":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts\/18484","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/comments?post=18484"}],"version-history":[{"count":8,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts\/18484\/revisions"}],"predecessor-version":[{"id":18497,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts\/18484\/revisions\/18497"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/media\/430"}],"wp:attachment":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/media?parent=18484"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/categories?post=18484"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/tags?post=18484"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}