Erie County District Attorney John J. Flynn announces that 53-year-old Gerald Battle of Buffalo pleaded guilty on Monday morning before Erie County Court Judge Kenneth Case to one count of Grand Larceny in the Third Degree (Class “D” felony), one count of identity Theft in the First Degree (Class “D” felony), and one count of Scheme to Defraud in the First Degree (Class “E” felony). He pleaded guilty to the highest sustainable charges.  

The defendant, a former bank employee, admitted that he engaged in an ongoing course of conduct to intentionally defraud the financial institution and the victims. The defendant knowingly assumed the identities of multiple individuals by using their debit card information to make numerous unauthorized transactions at various restaurants, grocery stores and online retailers over the course of more than three years.

An investigation began after a restaurant employee notified the Erie County Sheriff’s Office that the business was charged by the bank after a debit card was used in an authorized transaction for a food delivery order. Investigators determined that the defendant fraudulently obtained personal banking information belonging to numerous victims and used their debit card information to purchase food and other goods for himself between July 1, 2018 and November 1, 2021. All of the items were delivered to the defendant’s residence at an apartment building on Delaware Avenue in the City of Buffalo.

The victims who reported the unauthorized debit card transactions were reimbursed by the bank. Numerous businesses are believed to have been impacted by this defendant’s criminal actions as the vendor assumes liability for a fraudulent digital purchase. As a result, many of these businesses suffered a loss after being charged back by the bank for a payment that was the result of an unauthorized transaction.

At the time of the plea, the defendant signed a Confession of Judgment to pay $50,000.00 in restitution to the bank.

Battle faces a maximum of 7 years in prison when he is sentenced on Thursday, July 28, 2022 at 9:30 a.m. He was released on his own recognizance as the charges are non-qualifying offenses for bail.

DA Flynn commends Detective Daniel Brinkeroff of the Erie County Sheriff’s Office for his work in the investigation.

The case was prosecuted by Chief Candace Vogel of the Special Investigations and Prosecutions (SIP) Unit.