Buffalo, NY – Former Lewiston attorney Timothy Toohey, 66, has been sentenced to 33 months in federal prison for his role in a golf course bribery scheme. Toohey was convicted of receiving $202,000 in stolen funds and filing a false tax return.
According to the U.S. Attorney’s Office, Toohey’s involvement in the scam dates back to 2002, when he became involved in an effort to build a golf course in the Town of Lewiston. Toohey contacted Michael Dowd, a partner in the project, and Bergal Mitchell, a high-ranking official with the Seneca Nation of Indians, to facilitate the sale of the land.
In a plea agreement, Toohey admitted to secretly receiving a portion of the sale proceeds, unbeknownst to the Seneca Nation of Indians. The investigation revealed that Toohey and Mitchell received a total of $450,000, with Toohey taking in $202,000 and Mitchell and his wife Rachel receiving $338,000.
Toohey’s tax conviction stemmed from his failure to report the $202,000 as income on his 2006 tax return. He was ordered to pay restitution in the amount of $540,000 to the Seneca Nation of Indians and $62,821 to the Internal Revenue Service.
First Assistant U.S. Attorney James P. Kennedy, Jr. praised the investigation and prosecution of Toohey’s case, saying that it was a ‘significant blow to corruption in the community.’ The case was investigated by the FBI and the IRS.
Toohey’s sentencing comes as the trial of Bergal Mitchell, his co-conspirator, is set to begin on June 17, 2014. Mitchell is facing charges related to his role in the bribery scheme.
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