Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.
He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.
On July 23, the Edgewood 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.
Since his initial arrest, 11 additional victims came forward.
Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:
- Seven counts of third-degree larceny (Class D felony);
- Grand larceny in the fourth degree (Class E felony);
- Three counts of petit larceny (Class A misdemeanor); and
- Four counts of failure to deposit monies (in violation of NYS General Obligations law).
According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."
In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.
Following today's arraignment, Tomaszewski was released on his own recognizance.
The investigation is continuing.
Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.
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