On Friday, July 29, 2011, a jury in federal court in Utica, NY voted to convict Benjamin Viloski of 9
out of a total of twenty charges. Mr.
Viloski was convicted of mail fraud charges based on the
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
public corporation in 2002. However in more than twenty remaining store leases brought
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
Reinman Realty. Unknown to Mr. Viloski Reinman Realty was owned by Joseph Queri’s long
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
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,
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
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
Mr. Viloski was also convicted of making one false statement to the prosecutor in the case during
the investigation. The FBI agent admitted
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’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
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
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
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
This site provides the actual documents filed in the Federal Court in Utica, NY for the reader’s accessibility for further information.
Ben Viloski Sentencing
Joseph Queri Sentencing
Gary Gosson Sentencing
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should be addressed to:
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