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Utica, NY Federal Building

UNITED STATES OF AMERICA VS BENJAMIN VILOSKI



UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK



Jury Conviction Summary

 

On Friday, July 29, 2011, a jury in federal court in Utica, NY voted to convict Benjamin Viloski of 9

charges out of a total of twenty charges.  Mr. Viloski was convicted of mail fraud charges based on the

payment of commercial real estate commissions to Joseph Queri, when he was Vice President of Real

Estate for Dick’s Sporting Goods.   He was also, convicted of so-called “money laundering” charges

based   on the same of commission payment.  Mr. Viloski testified that he had been informed by Mr.

Queri that he had been authorized, when Dick’s was a private corporation, to accept a share of

broker’s fees as part of his compensation, and that he sought to discontinue the practice after Dick’s

became a public corporation in 2002.   However in more than twenty remaining store leases brought

about by Mr. Viloski as a broker after Dick’s went public, he testified that he was directed by Mr. Queri

to share fees with various real estate companies including, in eight matters, a realty company called

Reinman Realty.  Unknown to Mr. Viloski Reinman Realty was owned by Joseph Queri’s long time

boyhood friend, Gary Gosson and Gosson was secretly giving money to Mr. Queri.   


      Mr. Queri, who admitted to having perjured himself about the payments, denied that he had told

Mr. Viloski that he had been authorized to receive the direct payments and the CEO of Dick’s, Ed Stack,

was never called to testify by the prosecution.  With respect to the later payments, Queri claimed that

Mr. Viloski knew that payments to Reinman were ultimately going to Queri.  Mr. Viloski denied this and

Mr. Viloski had no communication or knowledge of Gary Gosson other than be being directed by Mr.

Queri to share a portion of brokerage fees with Reiman Realty as well as more than a dozen other

companies.  Gosson the single person behind Reinman admitted that he only met Mr. Viloski once in

passing at a restaurant and never talked to him about any business.  Thus it is not clear on what

basis the jury convicted Mr. Viloski of any fraud charges. 


      Mr. Viloski was also convicted of making one false statement to the prosecutor in the case during

the investigation.  The FBI agent admitted to misleading Mr. Viloski upon Mr. Viloski’s asking questions

prior to the interview as to the subject matter of the interview and laying a trap for Mr. Viloski.


      Mr. Viloski’s attorney, Mark Mahoney, of Buffalo, NY is preparing a request to the trial judge to

dismiss all the charges or to grant a new trial. Chief among the reasons to set aside the verdict was

the exclusion of evidence of Mr.  Viloski’s innocence when the prosecution refused to grant “immunity”

to a defense witness who had previously provided information to the government about Mr. Queri

having told others that he had been authorized by Dick’s to receive a share of commissions as part of

his compensation.  Additionally, Mahoney indicates that if the jury convicted on the basis of payments

made to Queri prior to Dick’s going public, that conduct was more than five years old at the time of the

charges being made, and therefore not properly prosecuted.   Mr. Mahoney also indicated that the jury

may have convicted Mr. Viloski of a type of fraud allegation that the Supreme Court indicated in 2010

could no longer be charged.  Mr. Mahoney also said that the proof did not support any money

laundering or fraud charges. 


      Mr. Viloski’s application for dismissal or a new trial will be heard by federal district court judge,

David Hurd, in October 7, 2011. On October 7, minutes after oral arguments (with prior filed documents

for motions for acquittal or new trial) and the appropriate responses Judge Hurd immediately denied

all defenses motions and set December 16, 2011 as the date for sentencing.


      Mr. Mahoney will file an appeal to the Federal Court of Appeals for various reasons stated above

and for certain errors occurring during the trial.

 

 This site provides the actual documents filed in the Federal Court in Utica, NY for the reader’s accessibility for further information.


Written by Attorney Jeffrey Hamlin about Ben's Case

Visit Jeffrey Hamlin's Website


Ben Viloski Sentencing

Joseph Queri Sentencing

Gary Gosson Sentencing


Please be advised that email correspondence for Ben
should be addressed to:

tdearros@yahoo.com

US Mail Correspondence for Ben
Must be Addressed to:

Benjamin Viloski
15778-052
FCI Jesup/Camp
2680 Highway 301 S
Jesup, GA 31599

NOTE: Please make sure you include a full return address on the envelope, including your name. It must also be hand written.

This information is required for receipt of the mail at the facility

 


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