30 days jail for stealing cancer funds

BUFFALO, N.Y. (WIVB) - A Buffalo man learned his fate Tuesday morning, for stealing thousands of dollars from a benefit fund set up to help a woman pay for cancer treatments.

The courtroom was packed as 36-year-old Scott Huber was sentenced in Erie County Court. Huber was sentenced to 30 days in jail and five years of probation for stealing more than $50,000 from a cancer patient.

In court, Huber apologized repeatedly for stealing the money from Mary Tomaselli's Benefit Trust Fund. Tomaselli owned the La Tee Da Restaurant on Allen Street in Buffalo.

The money in her trust fund was supposed to help her pay for cancer treatments.

When Huber was convicted of grand larceny, he admitted that he used the money for his insurance company and to buy a heated sidewalk in front of it.

The victim's brother James Tomaselli said, "I personally feel that the 30 days the judge gave him is probably not sufficient, but that’s within the laws and we have to live with that. We’re just going to get on with our lives at this point."

Huber’s Defense Attorney Andrew LoTempio said, “When he was discovered, he admitted what he did, sent out emails apologizing and attempted to pay the money back immediately.

Huber was also asked to pay restitution. He has already paid $52,000, but he still has about $2,000 left to pay.