Plaster’s union member sentenced for defrauding health care plan

BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Toby Weatherbee, 49, of Pike, NY, who was convicted of theft or embezzlement in connection with health care, was sentenced to serve two years’ probation and pay restitution totaling $44,012 by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Sasha Mascarenhas, who handled the case, stated that between April 2019, and October 2022, in the Western District of New York, Weatherbee was a member of Plaster’s Local Union #9, which maintained a health care benefit program designed to reimburse union members for legitimate and valid out of pocket medical expenses. In May 2021, Weatherbee submitted a fraudulent invoice from Dansville Dental Professionals, LLP., in the amount of $6,720.00 to the health and welfare fund, converting for his own use funds belonging to the health and welfare fund. In total, between April 2019, and October 2022, Weatherbee submitted a total of 12 fraudulent invoices totaling $44, 012.

The sentencing is a result of an investigation by the U.S. Department of Labor, Employee Benefits Security Administration.

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