Multi-Agency Investigation Leads to Conviction on Forgery and Other Charges

Modified: May 2, 2013 1:59pm


Erie County District Attorney Frank A. Sedita, III announced that, after a multi-agency investigation spearheaded by the Erie County District Attorney’s Office, 51 year old John Tally pleaded guilty today to four counts of Forgery in the Second Degree, Grand Larceny in the Third Degree and Criminal Tax Fraud in the Third Degree, as charged, before County Court Judge Michael Pietruszka.  These are the highest charges for which the defendant could have been convicted had he gone to trial. 

Tally admitted that during the period between January 1, 2010 and November 30, 2012, he printed bogus W-2 earning statements in exchange for narcotics. The bogus W-2 earning statements were sold by Tally’s drug dealers to others. These individuals--who were also successfully prosecuted by the Erie County District Attorney’s Office--then claimed false wages on their 2009 New York State Personal income tax returns and obtained fraudulent refunds they were otherwise not entitled to. 

Tally also admitted to manufacturing forged payroll checks from local businesses. These checks were then cashed at supermarkets and local check cashing establishments.

Assistant District Attorneys Gary Ertel and Brian Daserro, both assigned to DA Sedita’s Special Investigations and Prosecutions Bureau, successfully prosecuted the case. Sedita also praised DA Investigators Mark Stambach and Anthony Costantino, as well as the New York State Department of Taxation and Finance and the United States Secret Service, for their diligent investigation.    

Sentencing is scheduled for June 21, 2013 at 2:00 p.m. before the Hon. Michael Pietruszka when Tally faces a maximum prison sentence of 11-2/3 to 35 years.  Tally remains incarcerated pending sentencing.