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Mark Saile, Mail and Wire Fraud, New York 2015

A shocking scheme to defraud a family member has left one Rochester man facing serious charges. Mark Saile, 57, of Rochester, NY, was arrested and charged by criminal complaint with mail and wire fraud, and identity theft, in connection with a scheme in which the defendant allegedly defrauded his brother of almost $1,000,000.

According to the complaint, Robert Saile, Mark’s brother, who resides in Redmond, Washington, worked for Microsoft, Inc. for a number of years. Robert Saile set up a 401(K) retirement account with Fidelity Brokerage Services, LLC, comprised of Microsoft stock and Fidelity money market funds.

Between July 26, 2012 and June 20, 2014, Mark Saile contacted Fidelity numerous times pretending to be his brother. During those contacts, the defendant was able to trick Fidelity into transferring approximately $960,000 from Robert Saile’s 401(k) retirement account to a bank account in his name. Robert Saile was unaware that his brother was stealing money from his retirement account. The defendant also changed the email and mailing addresses on file at Fidelity so that all correspondence from Fidelity would be sent to him.

Mark Saile’s scheme has left his family in shock. His brother, Robert Saile, was unaware that his brother was stealing from him. The defendant’s actions have caused significant financial harm to his family.

The charges against Mark Saile carry a maximum sentence of 20 years in prison, and a fine of $250,000, in addition to the identity theft charge, which carries a mandatory minimum sentence of two years in prison.

Mark Saile made an initial appearance today before U.S. Magistrate Judge Marian W. Payson. The defendant is due back in court on February 2, 2015 at 9:00 a.m.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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