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Law and Order: Batavia woman accused of providing false info at jail charged with 20 felonies

By Billie Owens

Haley M. Merrill, 26, of East Main Street, Batavia, is charged with: 10 felony counts of second-degree forgery; 10 felony counts of first-degree offering a false instrument for filing; and 10 Class A misdemeanor counts of second-degree criminal impersonation. On Oct. 13, Merrill was arrested in the Town of Alexander on charges of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree. Upon entering GC Jail, it is alleged that Merrill provided false information -- a false identity -- in an attempt to benefit herself. On Oct. 16, she was arrested and arraigned on charges pertaining to false identification and then jailed without bail. She was due back in Batavia City Court on Oct. 17. The case was investigated by Deputy Ryan M. DeLong and Senior Correction Officer Matthew Burgett, assisted by Deputy M. Lute, Deputy K. McCarthy, Deputy K. Forsyth and Deputy J. McClellan.

Ryan Matthew Norton, 44, of Bloomingdale Road, Alabama, is charged with aggravated DWI, and DWI. At 11:20 p.m. on Oct. 14 on Alleghany Road, Alabama, deputies responded to the report of a motor-vehicle accident in the Town of Alabama. They located a vehicle with heavy front and side damage. Deputy Ryan Young located the operator walking away from the vehicle. Following an investigation, it is alleged that Norton was driving while intoxicated and his blood alcohol level was above .18 percent. It was determined that Norton allegedly struck a parked car in Orleans County before being stopped in Genesee County. He is due in Alabama Town Court on Nov. 14 to answer the charges. Deputy Young was assisted by Deputy Andrew Mullen in this case.

Eric Charles Dockstader, 34, of Council House Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. On Oct. 13 at about 2:48 p.m., deputies responded to Meadville Road in the Town of Alabama for a report of a violation of a court order of protection. Dockstader was subsequently arrested. He was issued an appearance ticket and is due in Town of Alabama Court on Nov. 1. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

John J. Saddler, 31, of East Main Street, Batavia, is charged with violating an order of protection. Saddler was arrested at 9 p.m. on Oct. 14 on Watson Street in Batavia and arraigned in Batavia City Court on the charge. He was jailed on $2,500 cash bail or $5,000 bond. The defendant is due in court Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Todd J. Pangrazio, 42, of Pleasant View Drive, Lancaster, is charged with failure to appear in court after an appearance ticket was served. He was served with an appearance ticket after failing to go to court after being issued a ticket following a traffic stop in March 4 in the City of Batavia. He was arraigned on Oct. 17 and jailed on $1,000 cash or bond. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

Doggone fun: Inaugural 'Puppy Paw-rade & Costume Contest' at Darien Lake is tomorrow

By Billie Owens

Note: This event was originally set for Oct. 6 but was rescheduled due to inclement weather.

From the simple to the sublime, whether kitschy and corny, or clever and crafty, expect a wide range of getups at the inaugural "Puppy Paw-rade & Costume Contest" at Darien Lake Theme Park on Saturday, Oct. 20.

Time is 11 a.m. to 2 p.m.

Registration is $15 at the door. Additional tickets for family members and friends will be available for $20 each. 

Registration fees for this event, offered in conjunction with Volunteers for Animals, will be donated to the Genesee County Animal Shelter and the SPCA of Erie County.

Registration/check-in begins at 11; paw-rade starts at noon at the Gazebo Stage; costume contest winners announced at 1 o'clock at Pavilion 12.

All humans and canines welcome. All dogs MUST have proof of vaccination for rabies and distemper.

Participants will get free admission to the park for the dog and owner -- plus one free return admission for Fright Fest. There's also a free "wag bag" for participants.

The flier says "pup-arazzi photo opportunities" will be plentiful.

Pet vendors will be there, too, including Silver Lining for Pit Bulls, Pet Rescue Rx, Open Arms Rescue, Furry Friends Holistic Pet Spa and Purely Pets will be on site with giveaways and information. Plus, local dogs up for adoption will be available to meet and greet.

Prizes, including 2019 Season Passes, will be given for:

  • Most Creative Costume
  • Cutest
  • Funniest

Don't be shy! Dress to the nines and strut your stuff with your furry bestie!

For more information, visit darienlake.com/puppypawrade

A downloadable registration form is available at the website above, which can be printed, completed and brought with you to facilitate registration at the door.

Here are the rules and restrictions:

  • Do NOT leave dog(s) in vehicles;
  • You are responsible for cleaning up after your dog;
  • Dogs cannot be tied up or left alone at anytime;
  • Dogs must be on a leash at all times;
  • All dogs must be out of the park by 2 p.m.

The theme park is located at 9993 Alleghany Road (Route 77) in Darien Center.

Batavia's Original replacing 30-year-old booths from Pontillo's and many long-time customers eager to buy them

By Howard B. Owens

People are lining up to buy a bit of Pontillo's history -- the custom-made, red, white and green booth seats that were first installed in the restaurant 30 years ago.

Batavia's Original owner Kathy Ferrara announced her plans to sell the booth seats and she immediately received several requests from would-be purchasers. She hasn't made any commitments yet. She's waiting for the replacement booths, which will be all black, to come in next week.

"I didn’t realize it would be such a big deal to people," Ferrara said.

A number of people expressed concern that she was selling Sam and Betty's booth, the one they always sat in, but it's not for sale and will stay in the restaurant, she said.

She's only selling the ones in the larger dining room. She said she remembers when that dining room opened. She had just started working as a server for Pontillo's and the new booths were installed before even the rest of the trim of the room was completed.

Open call for entries to juried show 'Art of the Town' highlighting artists with disabilities

By Billie Owens

Press release:

Organizers are making an open call for entries to "Art of the Town," a FREE public art exhibition at the Moon Java Café at 56 Harvester Ave., south of McKinley Avenue in Batavia.

There will be an opening reception from 5:30 to 7:30 p.m. on Wednesday, Nov. 7.

The evening reception will showcase two-dimensional work.

The reception at Moon Java Café is in support of the ARTiculations Ability Exhibition Program, which regularly exhibits work by artists who are disabled at the Independent Living Center in Batavia.

Art of the Town sponsors include University Heights Arts Association, Independent Living of the Genesee Region and Moon Java Café. This unique opportunity highlights artwork from artists with disabilities.

This a juried competition and will include a cash prize for People’s Choice and Best of the Show. There are no fees to participate.

Exhibitors are welcome to offer their work for sale; or not. Those interested in offering their works, or seeking other information on submission guidelines, should call Cathy DeMare at (585) 815-8501, ext. 400.

For more than two years, ILGR has been “art partnering” with the UHAA, a group of artists in North Buffalo with a commitment to community that places art in businesses and nonprofits through an established ARTpartnering program.

The organizers are pleased to note that their exhibitions have “mapped” into UHAA’s system by placing a plaque at ILGR with a Quick Response (QR) code scatter bar graph that can bring up information about it when scanned by your smart phone.

The Moon Java Café is one of several businesses and artistic enterprises that operate in the Batavia Industrial Center, a mixed-use facility made from the former Massey-Ferguson farm equipment factory, which was the world's first business incubator program.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

Reminder: Women in Small Business to be celebrated Oct. 25 at Moon Java Cafe, come learn their secrets

By Billie Owens
Press release:
 
October is Women's Small Business Month.
 
Please join the Mancuso Business Development Group as we celebrate some of our Women in Small Business on Thursday, Oct. 25 at Moon Java Cafe.
 
The evening will feature: Renee Smart from Moon Java Cafe; Lori Trader from Le Roy’s No Finer Diner and No Better Bed & Breakfast; Judy Hysek from Eden Café and Bakeshop in Batavia; and Kimberly Argenta, who is celebrating her 10th anniversary with Art Ah La Carte in Batavia.
 
Come learn about the experience of these women as they each took their small business from concept to reality, and maybe find out how you, too, might become a successful woman in small business.
 
The event begins at 5:30 p.m.
 
Moon Java Café is located at 56 Harvester Ave., Batavia.
 
Please RSVP to bev@mancusogroup.com or 585-343-2800 by Oct. 23.
 
Thank you to all successful women entrepreneurs!

Dedication of GO ART! Tavern 2.0.1

By James Burns

Thursday evening saw past presidents and members of The Batavia Club honored for their donation of, what is now, Seymour Place. The building at Main and Bank streets downtown was formerly the home of the men's social club and was built as a bank in 1831.

The Batavia Club sold the building to GO ART! for $1.

Gregory Hallock, executive director, of GO ART! has always been very thankful to the club for its generosity.

“If you look around GO ART!, you will see that almost everything here has a plaque thanking someone for a donation," Hallock said. "But there is no mention of the people that actually gave us the building.”

That changed on Thursday when the bar, now called Tavern 2.0.1 after the address of the building at 201 Main St., was dedicated to The Batavia Club.

Fittingly, a plaque now hangs over the bar, which is more than a century old, dedicating it to The Batavia Club. The old club plaque listing all the past presidents was moved to a prominent location in the bar as well.  

Last spring, Hallock also added a permanent exhibit that is an homage to the artwork that used to adorn the walls when it was the men’s club. If you want to see that collection, ask Hallock for a tour on your next visit. 

Forum Players present modern adaptation of ancient Greek tragedy

By Howard B. Owens

The Genesee Community College Forum Players present "Bakkhai" in performances tonight and Sunday at the Stuart Steiner Theatre on the GCC Batavia campus.

The play is an adaptation by Anne Carson of “The Bacchae” by the Greek philosopher Euripedes, written more than 2,400 years ago. It's a story of based on the Greek myth of King Pentheus of Thebes and his mother, Agave, who are punished by Dionysus, the god of wine, madness, fertility, and religious ecstasy.

The play contains adult subject matter.

Tonight's performance is at 7:30 and Sunday's show is at 2 p.m.

Batavia surgeon Matthew Landfried to be honored next month by The Jerome Foundation

By Billie Owens

Submitted photo and press release:

The Jerome Foundation is pleased to announce that the recipient of the 36th Annual Health and Humanitarian Award is Dr. Matthew Landfried, who will be recognized at a luncheon next month at Terry Hills Restaurant.

The award is presented by the Foundation to recognize volunteer men and women of Genesee County who have helped promote the emotional, physical and spiritual well-being of the area’s residents. Nominees reflect “ordinary people who reach far beyond themselves to the lives of those in need bringing hope, care, and friendship and helping build a stronger, healthier community."

Dr. Landfried is currently the medical director of Surgical Services and chairman of the Department of Surgery at UMMC, as well as serving on multiple committees at UMMC and its partner Rochester Regional Health. He is an adjunct professor at the Lake Erie College of Osteopathic Medicine and D’Youville College and mentors Physician Assistant students, medical students and residents.

Professionally, Dr. Landfried is well respected in his field and has been published in multiple medical journals. Among other professional honors, Dr. Landfried has been named a “Top Doctor” by U.S. News & World Report.

As a member of the Trauma and Critical Care response team of National Disaster Medical System of the U.S. Department of Health & Human Services, he has volunteered in Haiti, Texas, and other disaster sites supporting the critical medical needs of the communities struck by disasters such as earthquakes and hurricanes. He assisted at an orphanage in Haiti and remains in contact with them and provides financial help as well.

Dr. Landfried is the medical lead for several area sports programs including Batavia and Notre Dame high schools, as well as assisting with various sports medicine needs at Genesee Community College. You see him on the sidelines at many youth sporting events where he donates his time and often medical assistance outside the office to student athletes in need.

He and his wife Kerry have opened their home to many Muckdog baseball players as well as exchange students.

Batavia has its own version of the Blindside movie, played by Dr. Matt Landfried and his wife. They brought into their home a high school football player who experienced a very troubled homelife. With the Landfried’s caring support and encouragement, the young man graduated from Batavia High School and completed a successful undergraduate and graduate college program and is now an educational professional in Boston.

His compassion is demonstrated in a variety of ways that are often outside of medical care. He has gone to nursing homes or made a home visit to talk with family members about a loved one’s condition or to assist in special treatment. There was a time when a patient with multiple complications needed to be transferred to a Rochester hospital. Because of the complexity of the case, there were many instructions that had to be relayed and special care provided during the transfer. In order to make sure things were done appropriately, Dr. Landfried rode in the ambulance to assure the proper care was provided and treatment would be continued suitably.

Throughout their 28 years in our community, Dr. and Mrs. Landfried have financially supported too many causes to mention. Our community is infinitely enriched by the presence of Dr. Matthew Landfried and The Jerome Foundation is pleased to honor him with the 2018 Health and Humanitarian Award.

Dr. Landfried will be honored by The Jerome Foundation at a luncheon on Friday, Nov. 30, at noon at Terry Hills Restaurant.

The cost of the event is $20 a person and is open to the public.

Reservations are now being accepted by:

  • Mailing a check to The Jerome Foundation, P.O. Box 249, Batavia, NY 14021
  • Or by emailing thejeromefoundation@gmail.com
  • Or online at www.thejeromefoundation.org

For questions or reservations, please call Chris Fix at 585-356-3419.

Portion of Asbury Road in Le Roy blocked off

By Howard B. Owens

Asbury Road between Harris Road in Le Roy and Black Street Road in Pavilion is closed for an unknown law enforcement incident. 

We have not been able to contact a member of local law enforcement who is authorized to discuss the situation. 

This portion of Asbury is closed to all traffic, including local traffic. 

Witnesses say multiple patrol vehicles in emergency mode responded to the incident.

UPDATE (By Billie) 5:34 p.m.: This was a law enforcement situation that was resolved without incident. There were no injuries and no arrests. There's no threat to public safety.

BHS students planning event to honor veterans on Nov. 9

By Howard B. Owens

Students and staff at Batavia High School are hosting a ceremony honoring Genesee County's veterans at 10 a.m. Friday Nov. 9 at the school.

The ceremony will be held in the auditorium. There will be performances from the high school band and chorus, a student representative speaker, and a keynote speaker, and a reception after the ceremony in the school's library.

The ceremony is open to all local veterans and their families. Veterans who plan to attend should email Jane Haggett, JHaggett@bataviacsd.org. Veterans are invited to include a picture with their response.

Photo: Students Cooper Mattice, Ryan Weaver, Elle Fulton, and Lyndsay Debo. Not pictured, Gyna Gibson, whom Haggett said was the real driving force behind organizing this year's event at the school.

Batavia Kiwanis, Batavia's Original team up to bring back Halloween parade

By Howard B. Owens

Press release:

Batavia’s Original Pizzeria and the Kiwanis Club of Batavia are thrilled to announce they have partnered together to bring back the Kids' Halloween Parade.

The parade is going to be held on Sunday, Oct. 28th, starting at 1 p.m. The lineup will begin in front of Dan’s Tire & Auto at City Centre Mall. Kids should arrive a little early to get their place in line.

The parade route will end at Batavia’s Original parking lot where there will be a variety of games and snacks for kids, live music, and prizes given for the best costumes.

The Kiwanis Club and Batavia’s Original are excited to bring back this free family friendly event to the community!  The event is going to take place rain or shine so please dress appropriately.

Call 343-3303 for additional details or questions.

Kids' Halloween Parade Route:

Starting in front of Dan’s Tire & Auto (on the backside of City Centre Mall) the kids will go straight until they reach Washington Avenue, where they will take a right. The parade route will follow along Washington Avenue and then take a left onto Ross Street and a quick right onto East Avenue.  From East Avenue the kids will take a right onto Vine Street, then a left onto Chase Park, followed by a right onto Elm Street.  The route crosses Main Street and takes a left into the Batavia’s Original pizzeria parking lot.

Photo provided by WBTA.

Main St. Pizza donates $4K to Sheriff for new K-9; tribute planned for 'Destro'

By Howard B. Owens

Vic Marchese, owner of Main St. Pizza Company donated $4,000 this morning to the Sheriff's Office to be used toward the purchase and training of a new K-9.

The department's K-9 "Destro" died unexpectedly two weeks ago and the Sheriff's Office is just beginning a fund-raising campaign for a new dog.

Photo submitted by the Sheriff's Office: From left, Deputy Chris Erion -- Destro's partner, Vic Marchese, Sheriff Bill Sheron, and Undersheriff Greg Walker.

The Sheriff's Office is also planning a tribue to Destro on Wednesday. Press release below:

A tribute to honor Genesee County Sheriff’s Office K-9 “Destro,” who passed away last week after a very short battle with cancer, will be held next Wednesday, Oct. 24, 3 -7 p.m. at the Genesee County Sheriff’s Office, 165 Park Road, Batavia.  The public is welcome to stop by and enjoy refreshments while viewing a slideshow of Destro’s accomplishments. His handler, Deputy Erion, will also be in attendance.

The K-9 program is a valuable asset to the Sheriff’s Office and surrounding law enforcement agencies. The K-9 team is used for search and suspect apprehension, locating missing persons including missing children and Alzheimer's patients, contraband and drug searches, tactical tracking, evidence recovery, building searches, patrol, and public presentations.

The Genesee County Sheriff’s Office has been able to maintain a K-9 team for the past 16 years with support and donations from the public along with county funding. Public support and donations are vital to the continuation of this worthwhile program and are used to help offset the cost of food, veterinary services, training, equipment, and other K-9-related expenses.

Deputy Erion will continue to be the K-9 officer and has begun the search for a new K-9. The cost for a police dog ranges between $7,500 - $10,000 and a 15-week K-9 training course costs approximately $5,000.

The Genesee County Sheriff’s Office is respectfully requesting your help to raise funds to continue this program, a critical service to the community. Donations can be made payable to and mailed directly to Genesee County Sheriff’s Office K-9 Fund; 165 Park Road, Batavia, New York 14020. A GoFundMe page has also been created, and the link is available from the Genesee County Sheriff’s Office Facebook page.

Please consider making a donation to the K-9 Fund; your support is greatly appreciated.

Photos: Byron-Bergen students participate in Community Action Day

By Howard B. Owens

On Tueday, seventh-graders at Byron-Bergen Junior/Senior High School joined in with the Village of Bergen for Community Action Day, going to Hickory Park, Zuber Park, and the Community Gardens to rake, weed, pick up sticks, and plant flowers.

This is the third year students have particpated in the event. The class will return to the parks in the spring to plant flowers and spread mulch as well as do any cleanup that is needed.

Photos and info submitted by Principal Patrick McGee.

New City of Batavia manager says he welcomes community input

By Mike Pettinella

Martin D. Moore, Ph.D., the new manager of the City of Batavia, was the center of attention on Wednesday afternoon, but he was quick to mention that it’s the residents who come first.

Moore, speaking at a meet-and-greet session at City Hall Council Chambers, said he advocates an open-door policy that gives citizens an avenue to let their voices be heard.

“I’m here for the people themselves … that’s who I work for,” said Moore, who was joined at the event by his wife, Joanne, and 17-year-old son, Martin Jr. “If they need something, have an issue or a suggestion, I am willing to listen. There are no bad ideas.”

The former city manager of Eunice, N.M. (he served in that capacity for about seven years), Moore said he has a “relaxed style but is very driven toward results at the same time.”

As he prepares for his first City Council meeting next Monday, Moore said his immediate priorities include talking to the management team about how to communicate effectively, building a working relationship with the business community, and meeting with Batavia Development Corporation officials about the Downtown Revitalization Initiative.

“I really want to see the shovels starting to hit the ground,” he said, referring to the Ellicott Station project.

His hiring as the one to replace Jason Molino, who resigned the position about nine months ago, is homecoming, of sorts, for his family. His wife has two sisters in Le Roy, a brother in Warsaw and another sister in Castile. She also has a brother who resides in Tonawanda.

Moore said he was in the running for similar positions in Arizona, New Mexico and Colorado, but believes that the Batavia job was meant to be.

“When I came here (during the interview process), everything seemed to click,” he said. “City Council was great; I really enjoyed talking to them and when I went around town, the people were very friendly.

“And if any hurdle came up, it was worked out. Everything just lined up.”

City Council agreed to an initial contract of $110,000 plus benefits for Moore.

His previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associations and president of the Eunice Rotary Club.

His wife said she was excited when she heard about the Batavia position being open and got “really excited” as her husband made the final cut.

“I haven’t lived in New York since I was 16,” she said, noting that she moved to Hawaii in the mid-1970s and then to the southwestern part of the United States after marrying Moore in 1985.

“He was an Arizona boy, so we settled in New Mexico,” she said.

Joanne, who served as the Chamber of Commerce director in Eunice from 2011-2018, said her husband will be active in the community – appearing at festivals and other events. (They have found a home on Lincoln Avenue, just a short walk from Centennial Park).

“(Martin) likes to be somewhere where he can make a difference,” she said. “He wants to do things to help the community and wants to know what the people think. Sometimes you don’t know unless somebody lets you know.”

Martin Jr. is one of seven children – the others live in New Mexico, Utah, Idaho and Michigan – and is in his senior year at Batavia High School.

He said he's interested in cosmology, the science of the origin and development of universe, and hopes to go to college in Hawaii and earn an internship at the Mauna Kea Observatories.

At least one Batavia resident, James Owen of Redfield Parkway, said he came away with a positive first impression of Moore and his family.

“I think he’s going to be great for Batavia,” Owen said. “He came across as very willing to help the citizens of Batavia. We’re hoping for the best.”

Collins says he's innocent and he may have narrow path to beat insider trading case

By Howard B. Owens

Rep. Chris Collins says he will clear his good name when his insider trading case goes to trial in February 2020.

But to do that he may need to convince a jury that he didn't tell his son about a failed medical trial for a new drug developed by Innate Immunotherapeutics when Collins called him from the White House lawn June 22, according to an attorney who specializes in insider trading law.

Robert Heim is a former Securities Exchange Commission attorney who now works as a private defense attorney for those accused of violating securities laws.

"Perhaps Mr. Collins might argue that somehow the information was either public or had been leaked out, but on its face, it seems like a very difficult case for him to beat right now," Heim said.

Neither Collins nor his attorneys have shared what his defense might be, but as Heim acknowledged, prosecutors have a lot of evidence related to the number and timing of phone calls, text messages, and trades, which is why Collins will need to offer a convincing explanation for the June 22 phone call.

On June 22, at 6:55 p.m, Collins received an email from Innate's CEO, Simon Wilkinson, informing Collins, who was among the company's largest shareholders and a member of Innate's board of directors, that a critical trial for a new multiple sclerosis drug had failed.

"I have bad news to report," Wilkinson wrote, according to government documents. "The top line analysis of the 'intent to treat' patient population (i.e., every subject who was successfully enrolled in the study) would pretty clearly indicate 'clinical failure.' "

Innate was a single-product company and the trial's failure meant it would not bring that drug to market.

Collins responded at 7:10 p.m., according to prosecutors, "Wow. Makes no sense. How are these results even possible???"

According to prosecutors, Collins immediately attempted to contact his son, Cameron Collins. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16 p.m., father and son finally spoke with each other.

Chris and Cameron spoke for six minutes and eight seconds.

There was no wiretap on the phone call, and prosecutors have not indicated that they have any direct knowledge of what Collins told his son.

Prosecutors will attempt to prove Collins told Cameron of the failed MIS416 trial, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

Heim said Collins will need to convince a jury that he discussed with Cameron something other than the MIS416 trial, be it the weather, or "wow, I'm at the White House," wedding plans, or some other topic that seemed urgent at the time.

"I've worked on insider trading cases like this for about 20 years now and almost always these are circumstantial cases," Heim said. "People rarely come in and admit to committing insider trading, so a jury is going to really have to look at the various facts in terms of timing the phone calls, the timing of trades, and people's explanations to really come up with a decision as to what's more likely: Was this inside information discussed? Or were they talking about other things and this just happens to be very poor coincidental timing?"

If the failed drug trial was a topic of the June 22 phone call, Heim indicated Collins is going to have a hard time proving his innocence, especially in a Second Circuit court. The Second Circuit, he said, has a "loose standard" on what constitute's "tipper liability."

"If you're passing on information, the inside information, to a family member that satisfies what's called the 'personal benefit test' that is required to be proven for the government to win an insider trading case," Heim said.

Chris and Cameron Collins, along with 66-year-old Stephen Zarsky, father of Cameron's girlfriend, Lauren, are charged with in Federal Court with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

Lauren and her mother, Dorothy have already settled with the SEC.

The morning after receiving his father's call, according to the SEC complaint, Cameron started to act on the allegedly non-public information, including selling stock and tipping the Zarsky family.

If Chris Collins can successfully argue that he didn't tell his son about the non-public information, then Cameron may need to prove he obtained it from another source.

It's not illegal to buy or sell stocks on "insider information" if it was legally obtained. For example, if Cameron overheard his father or somebody else talking about the failed trial with a person who was authorized to share the information, he can do as he pleases with the information.

Barry Switzer, former University of Oklahoma football coach, was at a track meet in 1981 when he overheard a company CEO discussing his firm's plans. The next day, Switzer and his friends acted on the non-public information and eventually made $600,000 on the trade. Switzer was charged with insider trading, but a court ruled in Switzer's favor.

"The court said that that's not illegal as long as you're not breaching some sort of duty or someone's not telling you the information in violation of a confidentiality agreement," Heim said. "That a legitimate defense."

Cameron's case hinges entirely, it seems, on how he knew to dump his 1.4 million shares of Innate stock just before news of the failed trial went public.

"In order for that chain to be legally actionable it has to have as the source a breach of a fiduciary duty or some other duty that's owed to the company and its shareholders," Heim said. "And that Cameron received that information separately, not from his father but by perhaps overhearing a conversation. Then if he's successful in that argument then, yes, he's free to tell other people about that information and essentially tip them because he did not breach his duty in the first instance by acquiring that information."

Besides the record of phone calls, texts, and trades, the prosecution may have other evidence that  is not yet publicly disclosed, Heim said. We also don't know how Lauren and Dorothy Zarsky, or others, might cooperate with the prosecution. There could have admissible information that supports the prosecution's theory that Chris Collins tipped Cameron Collins.

Witness testimony gets complicated, Heim said, because of trial rules involving hearsay and spousal privilege but there could be supporting witness testimony that is used at trial.

Without wiretaps, Heim said, "this could come down to a he-said-she-said type of scenario."

Based on the evidence made public so far, Heim said it seems like the government has a pretty solid case.

"It looks like there was a very thorough investigation, Heim said. "They put together the best evidence they could into a circumstantial case. Now I think really falls on Mr. Collins to come forward with some explanation or evidence as to what other topics were discussed in the calls and why they were being made at that particular time."

Photo: File photo.

NOTE: The Batavian has requested multiple of times an interview with Rep. Chris Collins. He has not agreed to an interview so we have been unable to ask him questions related to his insider trading case or even questions relevant to his bid for reelection.

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