Date: Dec. 3, 2024 Contact: newsroom@ci.irs.gov Rochester, N.Y. — U.S. Attorney Trini E. Ross announced today that Katherine Mott-Formicola of Pittsford, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to financial institution fraud and money laundering, which carry a maximum penalty of 30 years in prison and a fine of $1,000,000. Assistant U.S. Attorney Nicholas Testani, who is handling the case, stated that Mott-Formicola was a controlling member of several business entities, operating 10 business accounts at Five Star Bank and seven business accounts at Kinecta Federal Credit Union. Between November 29, 2022, and March 11, 2024, she perpetrated a “check-kiting” scheme by sending hundreds of checks between the various bank accounts for the purpose of fraudulently inflating the balance of the accounts. Mott-Formicola would write a check from one account for a dollar amount greater than what the bank account actually contained. Then, she would deposit the over-valued check into another bank account that she controlled at a different institution, knowing that banks typically place funds into a depositing account before confirming the funds in the withdrawing account. Accordingly, during this delay, she would temporarily inflate the cash balance in her accounts at various financial institutions by writing over-valued checks that were still honored, despite the originating account having insufficient funds. During the course of the scheme, Mott-Formicola intentionally kited over 500 over-valued checks between her various bank accounts for the purpose of over-inflating her accounts. Furthermore, because the inflated account balance would only last until the depositing institution eventually discovered that the withdrawing account had insufficient funds, Mott-Formicola would kite additional checks into the withdrawing accounts to allow the scheme to continue without detection. In March 2024, Kinecta ultimately dishonored Mott-Formicola’s latest round of over-valued checks to her Five Star Bank accounts and charged back the amounts. Because she had already spent approximately $20,907,000 from her various Five Star accounts that she did not actually have, the charge-back resulted in an approximately $20,907,000 overdraw balance. Mott-Formicola spent the $20,907,000 on her various business ventures and personal items, such as real estate. Five Star Bank was able to recover some funds, ultimately suffering a loss of $18,979,005.79. The plea is the result of an investigation by the Internal Revenue Service Criminal Investigation (IRS-CI), under the direction of Acting Executive Special Agent-in Charge Harry Chavis, New York Field Office, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris. Sentencing is scheduled for May 1, 2025, before Judge Geraci. IRS-CI is the criminal investigative arm of the IRS, responsible for conducting financial crime investigations, including tax fraud, narcotics trafficking, money-laundering, public corruption, healthcare fraud, identity theft and more. IRS-CI special agents are the only federal law enforcement agents with investigative jurisdiction over violations of the Internal Revenue Code, obtaining a more than a 90 percent federal conviction rate. The agency has 20 field offices located across the U.S. and 12 attaché posts abroad.
