Former Buffalo insurance broker Raymond C. Biondolillo Jr. was jailed Friday, as a judge ordered him to "live modestly" when he is set free four to six months hence and to pay back $170,600 in embezzled insurance premiums.
Erie County Judge Timothy J. Drury told Biondolillo, 46, he was being spared a longer jail term so that he can pay back as much money as possible to his former clients.
Drury didn't tell Biondolillo, who once headed the Buffalo Agency Group brokerage, what kind of work he must do when he is out of jail. But the judge ordered him to "remain fully employed" or face "hard time" in a state prison for up to seven years if he can't find employment.
Biondolillo, who pleaded guilty in March and July to grand larceny and insurance fraud, also was spared another $430,000 in additional restitution because one of his corporate victims decided not to press for more payments, the judge said.
Drury ordered him to serve a six-month term at the Erie County Correctional Facility and then begin repaying his 13 business and individual victims while on probation for five years. The judge said Biondolillo probably will be released in four months.
To keep track of Biondolillo's ability to make periodic payments of restitution, Drury ordered him to file with the court a "monthly budget" of his income and expenses when he is released.
Drury also warned Biondolillo that he er jail
faces an additional $2,218 in restitution when he is sentenced Jan. 31 on his guilty plea to stealing annuity premium payments from an elderly Clarence man.
Biondolillo, an insurance salesman for over two decades and operator of the Buffalo Agency for nearly three years, insisted that he stole the money "to try to keep going" his failing business.
Biondolillo, who has four daughters and an ailing wife, told the judge his family has been living with his 81-year-old mother since they were evicted from their Amherst home in a foreclosure case earlier this year.
Salvatore P. Abbate, one of his attorneys, said Biondolillo is intelligent and industrious enough to get work outside the insurance industry.
"He'll get a job, he'll work," Abbate said.