A choose sentenced a Smithtown lawyer to just about 5 decades in jail Thursday for a scheme in which prosecutors said he stole $2 million of a child’s inheritance from a settlement for her father’s Suffolk jail custody dying.
“The rightful heir has not received a penny,” U.S. District Court Judge Joan Azrack mentioned though sentencing Vincent Trimarco Jr. to 57 months driving bars for habits she referred to as “significantly reprehensible mainly because he is an legal professional.”
The choose explained greed inspired Trimarco, 52, and that he utilised funds that belonged to Rebecca Schaefer to fund a way of life of excess when the younger victim was deprived of a at ease upbringing.
Assistant U.S. Lawyer Catherine Mirabile asked Azrack to punish the defendant within a sentence vary of 46 to 57 months in prison that was calculated in October 2020 when Trimarco pleaded guilty.
He admitted to conspiracy to commit mail and wire fraud as jury selection was underway in his trial.
The choose also requested Trimarco to pay out $1.5 million in restitution to Schaefer and to forfeit another $1.5 million in proceeds from his criminal action. She advised him to surrender to jail officers Jan. 7.
The FBI arrested Trimarco in 2017 right after an lawyer for Schaefer, now a 20-calendar year-outdated solitary mother of two, introduced the plan to the agency’s awareness after he could not acquire the settlement cash from Trimarco.
That Miller Area legal professional, John Ray, had arrive forward in 2012 to say that his young shopper was truly the heir of Scott Eriksen — the 12 months just after Eriksen’s father Gary collected a $3 million civil settlement from Suffolk County as the deceased’s supposedly closest heir.
Ray spoke in courtroom on Schaefer’s behalf Thursday as she sat nearby, telling the judge about her “extremely modest” upbringing with her grandmother and how she “by no means received that money to be ready to make a daily life.”
A lawyer for Trimarco earlier claimed the defendant was unaware of the daughter’s existence till six a long time soon after her father’s dying and that Trimarco experienced fought to get the county settlement funds.
Scott Eriksen died when Schaefer was 5 many years old, soon after what his relatives claimed was a brutal beating although the 20-yr-previous man was jailed in 2005 on a misdemeanor drug charge.
Schaefer under no circumstances fulfilled her father.
She was born soon after a romance he experienced with her mom, a community teenager, Newsday previously reported.
Prosecutors explained Trimarco controlled lender accounts holding the $2 million in settlement resources that went to Gary Eriksen following lawful charges, while also dominating most other facets of Eriksen’s life by having to pay his expenditures and hire and receiving his mail.
The two applied the settlement revenue to get a $200,000 Ferrari, a $57,000 Jaguar and three genuine estate attributes in Suffolk, whilst investing $800,000 in a Patchogue nightclub, prosecutors said in courtroom records.
Azrack mentioned Thursday that Trimarco also fed Gary Eriksen’s prescription painkiller practice, even sneaking OxyContin to him when he was in jail.
Prosecutors claimed Trimarco and Gary Eriksen ignored Surrogate’s Courtroom orders in 2012 that decided Schaefer was the right heir and orchestrated a plan to defraud the daughter of her inheritance immediately after her legal professional sued to check out to get the cash.
Trimarco pulled Gary Eriksen into the conspiracy, with the legal professional location up shell organizations to conceal transactions built applying settlement money, in accordance to prosecutors.
Gary Eriksen, who was named in the criminal situation as an unindicted co-conspirator, died ahead of a grand jury indicted Trimarco.
Trimarco’s attorney, Jeffrey Lichtman, asked Azrack on Thursday to look at his client’s document of pro-bono lawful perform, including on behalf of veterans, together with his services in the New York Countrywide Guard.
He also mentioned his client endured from alcoholic beverages and material abuse difficulties and requested the judge to contemplate that “his crimes are a aspect of what he is but it is not fully what he is.”
Trimarco explained to the decide he experienced “discovered precious classes” and his steps were “not indicative” of him “as a man.” He also stated he would do all the things he could “to make restitution.”
Schaefer declined to comment later on, but Ray referred to as the restitution “a paper judgment” and mentioned his consumer would be blessed if she obtained any funds.
But with Trimarco now heading to federal jail, in a way justice was served, he additional.