Defendant And His Wife Stole 85-Year Old Veteran’s Pension Benefits And Sold Her Property To Gamble and Pay Personal Expenses; David Tetro Sentenced To 6 1/3 To 19 Years In State Prison And Must Pay $236,183 In Restitution
Schneiderman: Crimes Against The Elderly Are Particularly Insidious, And Today’s Sentencing Brings This Defendant To Justice
OSWEGO – Attorney General Eric T. Schneiderman today announced that David Tetro, of Minetto, NY, was sentenced to 6 1/3 to 19 years in state prison and ordered to pay $236,183 in restitution for stealing over $200,000 from an 85-year U.S. Air Force veteran and using the money to fund personal expenses, including over $140,000 of gambling losses at Turning Stone Casino. David Tetro’s co-defendant, his wife Morgan, was last week sentenced to 7 1/3 to 23 years in prison and was also ordered to pay $239,612.34 in restitution. The couple were convicted on September 1, 2015, following a nearly five-week trial in Oswego County Court after just 2 1/2 hours of deliberation. The defendants were convicted on all counts of the indictment, including Grand Larceny in the Second Degree.
“Crimes against the elderly are particularly insidious, and today’s sentencing brings to justice an individual who deliberately targeted an elderly Veteran and stole her life’s savings,” said Attorney General Schneiderman. “I am pleased that the defendant has been brought to justice and I hope this sends a clear message that crimes against the elderly will be prosecuted to the fullest extent of the law.”
"This decision should serve as a reminder that those who scam innocent victims will be brought to justice,” said New York State Police Superintendent Joseph A. D’Amico. “This couple took advantage of an elderly woman, using the veteran’s hard-earned money to fund personal expenses and gambling habits. The hard work of our law enforcement partners built a case and put these defendants behind bars, making sure they will not be able to take advantage of others who put their trust in them.”
During the course of the trial, which included testimony from over two dozen witnesses, prosecutors presented evidence that beginning in 1997, the defendants befriended Colonel Dennison when she rented a house to David Tetro, Jr. Over the following years, the defendants gained her trust, becoming her primary care providers and convincing her to allow them to control her financial affairs. Thereafter, between 2009 and 2011, the defendants diverted thousands of dollars from her accounts. In addition, after gaining power of attorney, defendant Morgan Tetro liquidated Colonel Dennison’s substantial assets, including over a dozen properties in New York, Florida, and Maryland, and annuity accounts and savings bonds she had held for decades.
The evidence at trial further showed that the Tetros used the stolen monies to pay personal expenses, including alcohol, hair pieces for defendant David Tetro, Jr., internet purchases on eBay and PayPal, purchases at Victoria’s Secret and, most notably, gambling losses in excess of $140,000 at Turning Stone Casino in Verona, NY.
Irene Dennison served in the U.S. Air Force for nearly 25 years before retiring in 1982. She was one of the first women in United States military history to reach the level of full colonel. At one point in her career she oversaw over 3,000 troopsin Germany, and she was instrumental in negotiating the release of United States Senator John McCain from the North Vietnamese Army in 1973 when he was a prisoner of war.
In Oswego County Court today, prosecutors described the defendants’ fraud as “sweeping,” and asked the Court to impose a significant state prison sentence in light of the gravity of the crimes. Prosecutors noted that the defendants spent years earning Colonel Dennison’s trust, only to liquidate nearly every asset it had taken her a lifetime to earn, leaving her nearly penniless.
In addition to being convicted of Grand Larceny in the Second Degree for stealing monies from Colonel Dennison, David Tetro, Jr. was also convicted of Welfare Fraud in the Third Degree and Offering a False Instrument for Filing in the First Degree for concealing the stolen funds on an application for Medicaid benefits filed with the Oswego County Department of Social Services in 2011, and thereafter fraudulently obtaining over $15,000 in public assistance.
Morgan Tetro, in addition to being convicted of Grand Larceny in the Second Degree, was also convicted of Welfare Fraud in the Fourth Degree and Offering a False Instrument for Filing in the First Degree for concealing the stolen monies on an application for Medicaid benefits and fraudulently obtaining over $7,000. In addition, Morgan Tetro was convicted of two counts of Tax Fraud in the Fourth Degree for failing to report her illicit income to the New York State Department of Taxation and Finance, thereby evading over $11,000 in New York State taxes in years 2010 and 2011.
Attorney General Schneiderman thanked the Oswego County Department of Social Services, the New York State Police Financial Crimes Unit, and the New York State Department of Taxation and Finance for their assistance in this investigation.
The case was tried by Assistant Attorneys General Benjamin S. Clark and Philip V. Apruzzese of the Criminal Enforcement and Financial Crimes Bureau. The Bureau is led by Bureau Chief Gary Fishman and Deputy Chiefs Stephanie Swenton and Meryl Lutsky. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.
The investigation was conducted by Investigator Samuel Scotellaro, III, with assistance from Investigators Joel Cordone and David Buske, Supervising Investigator Richard Doyle and Deputy Chief Antoine Karam. The Investigations Division is led by Chief Investigator Dominick Zarrella. Forensic audit work was performed by Associate Auditor Jason Blair. The Chief Auditor in the Forensic Audit Section is Edward J. Keegan, Jr.