BATAVIA - Former funeral home director Michael Tomaszewski was sentenced this morning in Genesee County Court to 2 to 6 years in prisons and ordered to pay restitution of $569,434.. Today U.S. Bankruptcy Court Judge Carl L. Bucki signed an order converting Tomaszewski's bankruptcy filing from Chapter 11, in which a judge helps debtors and creditors arrive at a repayment plan, to Chapter 7, which would allow Tomaszewski to liquidate most of his assets and have any debts not paid after liquidation discharged. Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, was initially arrested in July 2020. "Theres rich and theres retired. April 7, 2023 (93 years old) Falcone Family Funeral & Cremation Service Inc. Gilmartin Funeral Home & Cremation Company, Inc. Call the Funeral Director at (215) 739-6624. They borrow the money if they dont have it. That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018. A federal bankruptcy judge in Buffalo has ruled that three debts of former funeral director Michael Tomaszewski cannot be discharged under bankruptcy law. They want my client to feel shame, more than he's shamed already.". Located in Batavia, NY. He didn't think a two-week delay would give him enough time to prepare. He filed for Chapter 11 bankruptcy in February 2020. Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski. He said there is no evidence Tomaszewski has a gambling problem or a drug use problem. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby. Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday. Bad choices. Mueller Funeral Homes & Crematory in Cedarburg & Grafton, WI provides funeral, memorial, aftercare, pre-planning, and cremation services to our community and the surrounding areas. That rule applies for all debts paid for 90 days prior to filing for bankruptcy and until the bankruptcy case is resolved. "I would like to have closure for the victims in these cases. on Feb. 14, 2018, 8:44 a.m. Michael S. Tomaszewski Funeral & Cremation Chapel, You served the Gaylord family on 5-26-20. Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as aresult of the continuing investigation of his business practices. Welcome to Funerals360, the most comprehensive resource for funeral planning. Three new orders in the bankruptcy case of Michael Tomaszewski put 19 more of his victims at the front of the line -- at least as far as the bankruptcy proceeding goes -- for getting at least some of their money back from his scheme to divert funeral deposits to his own expenditures. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. The Red Osier Landmark Restaurant, Stafford, Turnbull Heating, Air Conditioning & Refrigeration, Local funeral director charged with stealing money from customers. It's alleged that information was not truthful. He said with the prospect of Tomaszewski owing victims money, locking him in jail would mean Tomaszewski, who is employed, would stop earning money that might help pay restitution. He lists $1,094,346 in assets against $3,242,390 in liabilities. Prior to Tomaszewki's last court appearance, he disclosed, through his attorney Thomas Burns, to the Sheriff's Office that the remains of another body could be found in his former funeral home. After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Should you care to express your sympathy by sending the gift of flowers, simply click the button to the right to get started. Interim District Attorney Kevin Finnell said he wanted to see Tomaszewski goto prison for the maximum time the law would allow, characterizing Tomaszewski's actions calculating and a crime against the whole community. Over the summer, the 40-year-old Batavia native was charged with more than 200 counts of criminal conduct stemming from a scheme to divert deposits made on prearrangements for funeral services to his own personal use. The 48-year-old funeral director is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. A burial vault is required for most cemeteries, but you may choose to purchase one online or elsewhere, if you'd wish. Tomaszewski, 48, was arrested in November and charged with keeping a body at the funeral home and filing a false report claiming that the body had been buried. Low around 35F. If there is any money left over after secured loans have been paid off, the administrative creditors -- people handing the bankruptcy proceedings, such as attorneys -- are paid. For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito. Thank you ever so much. 0 reviews. Attorneys for Trustee Mark J. Schlant filed the motion last week after Tomaszewski was sentenced to twoto six years in prison for defrauding funeral pre-arrangement customers out of, collectively, more than $500,000. The Sheriff's Office has recovered the remains of another person apparently turned over to Michael S. Tomaszewski Funeral Home and Cremation Chapel forinterment. Address 4120 W Main St Rd Batavia NY 14020. OnJuly 23, theEdgewood Drive resident, 48,was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers. Feel free to contact me at. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, and three counts of petit larceny. Are you familiar with Michael S. Tomaszewski Funeral & Cremation Chapel? The Red Osier Landmark Restaurant, Stafford, Turnbull Heating, Air Conditioning & Refrigeration, Trustee in Tomaszewski bankruptcy seeks order to obtain tax refunds, Disgraced funeral director given less than max prison term to help ensure he pays restitution to victims, Former funeral director tests positive for COVID-19, delaying sentencing on fraud charges, Sentencing for Michael Tomaszewski delayed for fourth time, Sentencing delayed for Michael Tomaszewski, More victims of Tomaszewski given priority for repayment in bankruptcy proceeding, Michael S. Tomaszewski Funeral Home & Cremation Chapel, More debts from Tomaszewski's misuse of client funds ordered paid by bankruptcy judge, Bankruptcy judge won't allow Tomaszewski to discharge three debts to victims of his fraud, Tomaszewski accepts plea deal that could lead to prison time, Remains of another body recovered at Tomaszewski funeral home, converted from a Chapter 11 (reorganization of debt) to a Chapter 7 (liquidation, Bankruptcy judge grants change of status for Tomaszewski, Plea settlement in Tomaszewski case delayed until April, Funeral director appears ready to accept plea deal in fraud case, Funeral home owner accused of stealing from customers makes first appearance in County Court, Fifteen new charges brought against funeral director Michael Tomaszewski, Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains, Tomaszewski charged in case of failure to bury remains of veteran, H.E. The money is supposed to be kept in interest-bearing escrow accounts. On Thursday, the Sheriff's Office announced the arrest of Tomaszewski on about 200 charges. Calls to both men went unreturned Friday afternoon, as did a call to the lead investigator on the case. Burns said he and Schmit had reached an agreement to delay sentencing by four weeks over the standard time between a plea and sentencing to allow more time to arrive at the final restitution figure. The new sentencing date is Dec. 7 at 10:30 a.m. Tomaszewski has not missed a court date and when Zambito warned him that if he doesn't appear on Dec. 7, he will be sentenced in his absence. Because it was beneficial for you and you figured you would never get caught. In his ruling, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation. Michael Tomaszewski faces a violation of public health law. You may purchase flowers through the funeral home or separately, if you wish. McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. Funeral homes and cremation providers offer a wide range of services to assist families with funeral arrangements. Contact UsAdvertise With Us Click to see number. In June, Tomaszewski was arrested following a lengthy investigation into claims that he was using money paid to him for pre-arrangements for other purposes. Would you like to submit your reviews on these vendors? Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. For more than 50 years, Affordable Burial & Cremation Service, Inc. has been a family-owned funeral home in Long Beach, CA. Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took moneyfrom customers who intended to prepay for funerals and, instead of depositing the money in appropriateaccounts, he allegedly usedthe money for other purposes. "We have absolutely no answers as to when she was actually cremated.". In November, he told Coroner Jeff McIntyre, who was assisting Lang with the case while she was on vacation, that he cremated Eva when he first received the remains; however, Tomaszewski couldn't produce documentation. Most people don't understand, Lang said, that most funeral homes don't have the facilities to store the remains of deceased people for long periods of time. If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Looking for an obituary or upcoming funeral? Outside court, a couple confirmed they were disappointed but also said they understand how the court system works. "We don't really have answers," Danielle said. Phone and text is 336-501-6485. There is no indication that Tomaszewski won't accept the plea deal that's been offered by the District Attorney's Office. Help others by adding or updating Preceded in death by parents; brothers, George, Joseph, Edward, and Stanley; sisters, Rose, Ann, and Alice. But, when pressed, Tomaszewski couldn't do it, he said. Tomaszewski fired his previous attorney, Thomas Burns, and had told the court in October that he was going to hire a specific private attorney. justdays before when doctors detected a strong heartbeat. Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. H.E Turner & Co Funeral Home. Today's sentence will ensure that if he slips on his obligation, he can serve as much as 15 years total on the conviction. $2295. 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