ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Rivera, 36, of Williamsville, NY, who was convicted of wire fraud, was sentenced to serve 30 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $2,500,000 in restitution to CVS Pharmacy.
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that the defendant was employed as a Senior Assistant Purchasing Associate for CVS Pharmacy. This position required Rivera to order a variety of retail products sold by CVS, including diabetic test strips.
In July, 2018, CVS’s internal systems red flagged the purchasing of diabetic test strips at a CVS located in Rochester, NY. A package located in the store’s shipping area did not have a CVS label, included Rivera’s return address, and came from a company with which CVS does not do business. A subsequent internal investigation by CVS determined that Rivera routinely purchased diabetic test strips in excessive amounts, well over the need for that CVS location. The audit could not account for 20,203 boxes purchased by Rivera, for a total financial loss of approximately $2,535,307.62.
The defendant ordered surplus diabetic test strips and then intercepted the shipments once they arrived. He then sold the stolen product to a third party located in the State of Florida. A forensic accounting of Rivera’s bank accounts identified deposits which represented payments for the fraudulently obtained diabetic test strips that he sold.
The sentencing is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Financial Services, under the direction of Superintendent Linda Lacewell.