Buffalo Man Sentenced for Bank Fraud

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Avery Gill, 56, of Buffalo, N.Y., who was convicted of bank fraud, was sentenced to time served and four years probation by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $28,512.78.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 2012 and March 2013, Gill and co-defendants Calvina Myles and David Johnson devised a scheme to defraud Capital One Bank. The defendants used the names and personal identification information of two individuals to apply for two Capital One credit cards in those names. The defendants then purchased merchandise and gift cards from retail stores using the credit cards. Gill also made ATM withdrawals using the credit card. As a result of this conduct, Capital One suffered a loss of $29,454.

Calvina Miles, who was also convicted of bank fraud, and David Johnson, who was convicted of aggravated identity theft, are awaiting sentencing. 

The sentencing is the culmination of an investigation on the part of the U.S. Postal Inspection Service, Boston Division currently under the direction of Inspector in Charge, Shelly A. Binkowski.