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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

Thursday, May 16, 2013

Rochester Men Indicted for Mail Fraud Software Scheme


ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr.  announced today that a federal grand jury in Rochester has returned a three-count indictment charging Brian Wergin, 31, and Bohdan “Don” Luzecky, 45, both of Rochester, N.Y., with conspiracy to commit mail fraud and mail fraud. The charges each carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.

            Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the indictment, the defendants placed false and fraudulent orders for free copies of replacement Intuit software, including TurboTax and Quicken, while employed by Sutherland Global Services. After receiving the software at addresses in Rochester, N.Y. and Atlanta, GA, the defendants sold the software online, including on eBay, to customers throughout the United States. The defendants then kept the proceeds for themselves.

            The Indictment is the culmination of an investigation on the part of Inspectors of the United States Postal Inspection Service, under the direction of Inspector in Charge Kevin Niland, Boston Division, and Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.

            The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.



Updated December 10, 2014