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U.S. v. BIALOSTOK

March 29, 2004.

UNITED STATES OF AMERICA, -against- MILTON BIALOSTOK, Defendant


The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge

SENTENCING OPINION

Defendant Milton Bialostok ("Bialostok") pled guilty on November 18, 2003 to Conspiracy to Commit Money Laundering in violation of 18 U.S.C. § 1956(h). He conspired, along with others, to commit unlawful financial transactions and participated in an offense involving the proceeds of illegal gambling and bookmaking that affected interstate and foreign commerce, in violation of 18 U.S.C. § 1956(a)(1)(A)(i) and 18 U.S.C. § 1956(a)(1)(B)(i). Bialostok avoided transaction reporting requirements, in violation of 18 U.S.C. § 1956 (a)(1)(B) (ii), and engaged in monetary transactions in criminally derived property having a value greater than $10,000, in violation of 18 U.S.C. § 1957. Bialostok will be sentenced to 24 months' imprisonment, to be followed by two years of supervised release. A special assessment fee of $100 is mandatory. Page 2

The Defendant

  Bialostok was born on April 5, 1925 in Lebanon, Pennsylvania to the marital union of Samuel Bialostok and Elsie Lantz. Bialostok's parents are deceased.

  Bialostok completed the twelfth grade in January of 1943 and enrolled in Brooklyn College in June of the same year, where he took evening courses on a part-time basis until June 1953.

  In January of 1949, Bialostok commenced service in the U.S. Army. He held the rank of private, and was honorably discharged in February 1950.

  In September of 1956, Bialostok married the former Joan Alberti in Woodmere, New York. Mrs. Bialostok is currently employed as a sales representative for her husband's vending company. Bialostok and his wife have three adult children together, and Mrs. Bialostok has a son from her first marriage.

  From 1960 through 1986, Bialostok, along with his father-in-law, was the co-owner of Burt Burtaine Tire Company, formerly located in Ozone Park, New York. Bialostok was subsequently employed by Janus Funding from 1986 through 1988 and by Sharpe Home Improvement, formerly located in West Hempstead, New York, from 1988 through 1990. Page 3

  In 1991, Bialostok started his own business, M and B Vending, which, according to Bialostok, rents video, pinball and vending machines to businesses. From 1999 through November of 2002, Bialostok had a one-third ownership interest in Sinderella, an adult entertainment store located in Brentwood, New York. In 2001, Bialostok along with two partners incorporated Long Island Town Car, Inc., located in Ronkonkoma, New York.

  Bialostok's monthly income from M and B Vending is approximately $1,000. His monthly income from his share in Long Island Town Car, Inc. is approximately $500. Bialostok's share of his and his wife's net assets totals $204,984.50.

  The instant offense does not represent Bialostok's first conviction. Bialostok was sentenced to pay a $50 fine in February of 1966 following a conviction for Disorderly Conduct. In March of 1977 Bialostok was sentenced to pay a $500 fine after conviction for Possession of Gambling Records in the Second Degree.

  In January of 1987 Bialostok was arrested in connection with his role in a gambling operation relating to illegal sports betting. On March 9, 1989 he was convicted at trial of four counts of Promoting Gambling in the First Degree, and one count of Conspiracy in the Fifth Degree. He was sentenced to a one-to three-year term of imprisonment and a $150,000 fine. Bialostok began to serve his custodial term on May 24, 1993, and he was Page 4 paroled on April 18, 1994. Bialostok was discharged on the maximum expiration date of April 18, 1996.

  On November 13, 2002, Bialostok was arrested and charged with Enterprise Corruption. According to the Felony Complaint prepared in that matter, Bialostok and his co-defendants are also charged with the offenses of Coercion in the First Degree and Criminal Usury in the First Degree. Those charges are still pending.

  Bialostok suffers from atrial fibrillation, asthma and ileitis, and requires monthly blood monitoring as well as ongoing maintenance procedures as the result of an ileostomy performed in 1963. Among other things, Bialostok also suffers with osteoporosis and scoliosis of the back. He has mild to severe hearing loss in each ...


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