The federal court house in New Haven. Photo from the Federal Judicial Center website.
A 55-year-old Shelton man was sentenced to 21 months in federal prison Tuesday for ripping off an ice-skating rink he managed in Stamford.
According to the feds, in addition to managing the Twin Rinks facility, Mark J. Zito set up a consulting company that was supposed to handle businesses seeking to purchase advertising inside the rink.
The government alleged that for years Zito submitted false paperwork, including inflated invoices and commissions, and collected extra payments for vacation and website work to the tune of $490,468.81.
Zito pleaded guilty to one count of wire fraud, a felony, on Dec. 20, 2017.
In court documents, Zito’s lawyer, Ethan Levin-Epstein, pointed out the crime just didn’t fit Zito’s personality, as demonstrated by letters of support submitted to the court.
Zito made a terrible, shameful mistake, one that will haunt the father of three for the rest of his life, Levin-Epstein wrote.
“Each day of his incarceration will underscore how much he has disappointed those around him and failed himself. His wife will be denied his support and companionship after more than twenty years of marriage (assuming the marriage survives). His daughters will see their father in jail instead of where he should be in their lives,” Levin-Epstein wrote. “In every way that he has disappointed those around him, he has already been punished. Much of what this self-made man worked so hard to accomplish is already lost.”
Prosecutors pointed out Zito’s crime lasted some 14 years.
“The defendant began defrauding the company shortly after he was hired, and continued to steal from the company, until he was caught,” federal prosecutors wrote. “The false invoice/commission scheme was lucrative, and the defendant created many different ways of embezzling money from RivCan (the ice rink’s parent company).”
In addition, the government said Zito was living well thanks to his crime.
“Based on the information available to the government, the defendant was living beyond his means. Although he and his family did not have an extravagant lifestyle, the defendant’s expenses included expenditures such as a country club membership and related fees, pool maintenance services, and a substantial mortgage.”
One of the ice-rink owners submitted a victim impact statement pointing out Zito’s actions almost put the facility out of business, and that the business’s reputation was damaged because of his crime.
Prosecutors argued for a slightly longer prison term. In the end, Chief U.S. District Judge Janet C. Hall in New Haven sentenced Zito to 21 months of imprisonment, followed by three years of supervised release.
Zito is to report to prison Sept. 25, 2018.
The case was prosecuted by Assistant U.S. Attorney Hal Chen, according to a prepared statement from the government.
