Former Western New York man sentenced for lying while testifying during his fraud trial

BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Michael W. Luehrsen, 41, of Miami, Florida, who was convicted of perjury, was sentenced to serve three years' probation by U.S. District Judge Lawrence J. Vilardo. Luehrsen will also pay approximately $2,000,000 in restitution and forfeit approximately $2,000,000 in assets, including investments and real estate proceeds.

Assistant U.S. Attorneys Charles M. Kruly and Grace Carducci, who handled the case, stated that in February 2022, Luehrsen testified under oath in his previous jury trial before the United States District Court for the Western District of New York as follows:

Q. Mike, I want to start by talking about your dad. You told Mr. Kruly that on the days that those prescriptions were faxed you were not in town, is that what you said?

A. That's correct.

Q. Can you tell the jury, where were you?

A. On June 27, 2014, I was actually in California visiting Cornerstone Pharmacy with two physicians. On July 11, of 2014, I was in Boston, Massachusetts.

Q. And how do you remember that?

A. I have photographs from my phone showing me in those particular cities.

Evidence from Luehrsen's cellular telephone shows that the testimony quoted above was false. Photographs on the cell phone establish that he was, in fact, in Buffalo on July 11, 2014. In addition, telephone records and financial records established that Luehrsen was in Buffalo on that date. At the time of this testimony, Luehrsen was being tried for, among other crimes, conspiring to commit health care fraud. It was a matter material to the trial whether or not Luehrsen was in Buffalo when an altered compound prescription form was faxed from his father's home located in the Western District of New York.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera.

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