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Sunday, April 8, 2012

Balestracci indicted in theft of $1.2M, had gambling problem

Court documents allege Balestracci, indicted in theft of $1.2M, had gambling problem
By Curt Brown
April 06, 2012

NEW BEDFORD — Court documents shed new light on what a 66-year-old Dartmouth woman indicted last week on charges she stole about $1.2 million from a New Bedford doctor possibly did with the money.

Gloria Balestracci allegedly told the nephew and niece of the late Dr. Irving R. Snyder that she spent the money because she had a spending and gambling problem, according to Bristol County court documents in a 2009 lawsuit brought by Snyder's heirs.

However, the admission came after Balestracci first allegedly lied to the nephew and niece, Donald R. Snyder of Louisville, Ky., and his sister, Janice Michalski of New Berlin, Wis.

Snyder and Michalski say Balestracci told them the doctor "died broke" and that he spent the money on cancer treatments for her.

Balestracci's attorney, Joseph Harrington Jr. of New Bedford, didn't return a call for comment about the allegations.

Prosecutors in Attorney General Martha Coakley's office allege Balestracci stole roughly $1.2 million from the doctor from about 2004 through 2009.

A Bristol County Grand Jury returned indictments against Balestracci on March 30, charging her with larceny over $250 from a person over 60; four counts of uttering (cashing a forged check); two counts of making and subscribing false tax returns, and two counts of aiding and assisting in making false statements on income tax returns.

The Attorney General's Office said Balestracci worked for Snyder as his office manager for 13 years. Then in his retirement, she continued to work for him, helping him pay his bills and buy groceries and providing general and health care.

As Snyder's health declined, Balestracci became his primary home and health aide and was paid $371.30 weekly by him, according to state prosecutors and court documents in the civil case.

Snyder, a retired podiatrist, died Sept. 16, 2009, at the age of 90.

According to court documents, the civil action has been stayed pending the outcome of the criminal proceedings.

In the 2009 civil action, the heirs sought to recover damages believed to exceed $500,000 from funds stolen from the doctor's bank account through forged checks.

The civil suit named Balestracci's husband, Anthony Balestracci, as a defendant, but in an affidavit he denied any involvement or knowledge, and he was not charged.

According to court documents, Michalski and Snyder arrived in New Bedford on Sept. 17, 2009, to make funeral arrangements for their uncle. They were met at the doctor's home by Balestracci, who told them, "Doc (Dr. Snyder) was broke."

Michalski and Snyder said in the complaints they were troubled by the information because Dr. Snyder had informed them two years earlier that he had $854,000 in various investments and cash.

Then, on Sept, 21, 2009, they said Balestracci told them she had pancreatic cancer and that their uncle had paid for her treatment because it wasn't covered by insurance.

However, Balestracci couldn't recall with "any specificity" what type of treatments she received, said her family was unaware of her cancer, and that she was now cured.

On Sept. 23, 2009, according to the court documents, Balestracci admitted to Michalski and Snyder she lied about her cancer and that she had a gambling and spending problem.

The plaintiffs' attorney, Randall T. Weeks Jr. of New Bedford, issued a statement Thursday on behalf of his clients.

"The family is obviously disheartened by the events that occurred prior to their uncle's passing," he said. "However, in light of the ongoing criminal proceeding, the family believes it is prudent to reserve any additional comments, subject to the findings of the criminal court."

Emalie Gainey, a spokeswoman for Coakley's office, said Thursday that prosecutors aren't commenting on the allegations in the civil complaint.

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