Grandson gets 2-year sentence for plundering dementia-stricken grandfather’s Greenfield estate (MA)

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SPRINGFIELD — A New York man will serve two years in federal prison for bilking his dementia-stricken grandfather in Greenfield while serving as his court-appointed guardian.

Michael Ostrowski, 42, of East Patchogue, N.Y., also was ordered to serve three years of supervised release, pay more than $185,000 in restitution, and forfeit $179,500 in cash stolen from his grandfather’s estate during a hearing Wednesday in U.S. District Court.

In sentencing the defendant, Judge Michael A. Ponsor also ordered him to forfeit a Sony Bravia flat-panel television; a 39mm semi-automatic assault rifle; and a 2006 GMC Sierra pickup truck, all purchased with the proceeds of his fraud.

In January, Ostrowski pleaded guilty to mail fraud, conspiracy, interstate transportation of stolen property and other charges in a plea agreement with the U.S. Attorney’s Office.

The maximum penalty for the offenses is 20 years in prison. As part of the deal, Ostrowski agreed to not oppose a sentence of 57 months or less while prosecutors will not challenge a sentence of 46 months or more.

Assistant U.S. Attorney Steven H. Breslow said Ostrowski was appointed temporary guardian in 2006 for his grandfather, who was incapacitated with dementia.

Instead of managing his assets and administering the estate, Ostrowski misappropriated more than $300,000 while lying to the Franklin Family and Probate Court and MassHealth, the state insurance program for elderly residents.

In August of 2006, Ostrowski liquidated a bank account belonging to his grandfather worth more than $250,000, taking the funds back to New York state. He also failed to file a 2006 federal income tax return, including the income that he derived from this fraudulent activity.

Under Ponsor’s order, Ostrowski was also ordered to pay restitution of $100,459 to MassHealth for his grandfather’s medical expenses and $85,751 to the Internal Revenue Service.

The investigation was conducted by the IRS’s Criminal Investigations Division with the assistance from the state police.

Attribution:

Grandson gets 2-year sentence for plundering dementia-stricken grandfather’s Greenfield estate
Jack Flynn
April 26, 2012
The Republican
http://www.masslive.com/news/index.ssf/2012/04/greenfield_mans_grandson_gets.html

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