WCNYH

Checker Revoked After Federal Fraud Conspiracy Conviction

July 14, 2014

           Today, the Commission unanimously ordered the revocation of the registration of checker Vincent J. Fusella, Jr.

           Following a hearing, an Administrative Law Judge found that Fusella, Jr., along with his brother Gerardo P. Fusella, knowingly conspired to obstruct the Internal Revenue Service in the collection of revenue in regards to their trucking companies. In furtherance of this crime, Fusella, Jr. and his brother, filed forms with the Internal Revenue Service that contained false information in an effort to reduce their tax obligation. The Administrative Law Judge determined that Fusella, Jr. lacked the requisite good character and integrity that is required of checkers. The Commission concurred with the factual findings of the Administrative Law Judge and revoked Fusella, Jr.’s registration as a checker.

           Fusella, Jr. had been charged along with his brother in December of 2011 in a thirty-one count federal indictment in the District Court in the Eastern District of New York. That indictment charged Conspiracy to Defraud the United States, Tax Fraud, Union Benefit Fund Embezzlement, Making False ERISA Statements, Using False Writings and Documents, Mail Fraud and Unlawful Payments in connection with their two trucking companies - Fusella Group. LLC and Alpine Investment Group, Inc.. As a result of those pending charges, Fusella, Jr.'s registration as a checker was suspended by the Commission pending an administrative hearing on the charges. On February 27, 2013, Fusella, Jr. appeared before the Honorable Kiyo A. Matsumoto in the United States District Court for the Eastern District of New York and pleaded guilty to Conspiracy to Defraud the United States.

            On October 15, 2013, Fusella Jr. was sentenced to two months incarceration, six months of home confinement with electronic monitoring, three years of probation, and ordered to pay restitution in the amount of $161,637.99 to the Internal Revenue Service.

            The United States Attorney's Office for the Eastern District of New York prosecuted the criminal matter.