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Date: 07-28-2022

Case Style:

United States of America v. Michael Kornaker

Case Number: 1:21-cr-00037-RJA-HKS

Judge: Richard J. Arcara

Court: United States District Court for the Western District of New York (Erie County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:



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Description: Buffalo, New York criminal law lawyer represented defendant charged with wire fraud and violation of supervised release

Between June and August 2020, shortly after being released on supervised release from federal prison following a prior fraud conviction, Michael Kornaker, age 50, of Nrth Tonawanda, New York, fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA). The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. Kornaker applied for $60,500 by using the name and personal information of another person and without that person’s permission.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso.

Outcome: 07/13/2022 61 PLEA AGREEMENT as to Michael Kornaker. (BK) (Entered: 07/13/2022)
07/13/2022 62 Minute Entry for proceedings held on 7/13/2022 before Hon. Richard J. Arcara as to defendant, Michael Kornaker. Change of Plea and Plea on Violation of Supervised Release were held. Defendant pleads guilty to one-count of the Indictment and to Charge No. 3 in the Amended Petition for Offender Under Supervision. The following schedule is established for the submission of sentencing papers: Initial Presentence Investigation Report due by 10/17/2022; Statement with Respect to Sentencing Factors, objections and/or motions, including 5K1.1 motion, government notice not to file 5K1.1 motion, or government motion for extension of time to file 5K1.1 motion, if applicable, due by 11/9/2022; notice by the defendant of government failure to file 5K1.1 motion, if applicable, due by 11/14/2022; responses to objections and/or motions due by 11/16/2022; character letters and/or sentencing memorandum in support of the defendant due by 11/16/2022; motions to adjourn sentencing due by 11/21/2022; final Presentence Investigation Report due by 11/23/2022; government's response papers to legal arguments in defendant's sentencing memorandum due by 11/23/2022; Any request for a non-guideline sentence in writing due by 11/23/2022; Response to Request for a non-guideline sentence due by 11/28/2022. Sentencing is scheduled for 11/30/2022 at 12:30 PM before Hon. Richard J. Arcara. The proceeding will be in person and in the Courtroom. Defendant remains released. Appearances: Doug Penrose, AUSA; Frank Passafiume, AFPD; (with defendant); Janelle Dzina for Andrew Kerrissey, USPO. (Court Reporter Megan Pelka.) (BK) (Entered: 07/15/2022)

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