TOWN OF MARILLA, NY ELECTED OFFICIAL SENTENCED TO JAIL

BUFFALO, N.Y.--David Pierce, 55 years old, of Marilla, New York was sentenced today by U.S. District Court Chief Judge, Richard J. Arcara, after his March 2008 plea of guilty to felony charges of theft of government money, U.S. Attorney Terrance P. Flynn of the Western District of New York announced today. Judge Arcara sentenced Mr. Pierce to a 7 month term of imprisonment, restitution of $20,700 and a term of post-sentence supervised release of 2 years. Mr. Pierce also forfeited $19,500 in cash and property as a result of his criminal conduct.

Assistant U.S. Attorney Martin J. Littlefield, who handled the case, stated that David Pierce, the former elected Superintendent of Highways for the Town of Marilla fraudulently stole money and services from the Town of Marilla in his official capacity as Superintendent of Highways. Mr. Littlefield stated that Mr. Pierce concocted several schemes, including the use of town employees to build a large pond on property he owns in the Town of Marilla . In addition, Ronald Wells owns a business which supplied goods to the Town of Marilla. Pierce and Wells engaged in a fraudulent scheme whereby Wells would supply phony invoices for goods supposedly delivered to the Marilla Department of Highways which Pierce then authorized for payment. Once paid, Wells would split the proceeds with Pierce. The amount of such fraudulent billing totaled approximately $16,000 over a five-year period. In addition, Pierce’s misuse of Marilla property, town employees and/or town services, totaled approximately $4,700 over a five-year period. [Mr. Wells had earlier been sentenced to a probationary term and $16,000 restitution for his part in the scheme.]

The plea and sentencing was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Laurie Bennett.