PITTSFIELD — Greylock Federal Credit Union's erstwhile loan chief has dropped his opposition to being sentenced by videoconference for fraud that cost his employer millions.
But, Michael DiCenzo and the government remain far apart on what his punishment should be.
For more than six years, DiCenzo has waited to hear what sentence a U.S. District Court judge will impose.
For the past year, following another defendant's sentencing, DiCenzo has claimed that bad health left him unable to attend sentencing either in person or online.
DiCenzo dropped that objection in a recent court filing, setting up the likelihood he will be sentenced this month for criminal conduct a decade ago.
The sentencing date remains to be set.
Judge Mark G. Mastroianni recently asked DiCenzo and Assistant U.S. Attorney Steven Breslow to see if they could present a joint sentencing recommendation.
The two sides were not able to do that. Instead, both sides will make their cases to Mastroianni.
"Although the parties' positions with regard to their recommended sentences have not changed, both the government and Mr. Dicenzo expect to elaborate on their positions at the sentencing hearing," reads a joint court filing by DiCenzo's attorney, Thomas J. O'Connor Jr., of Springfield, and Breslow.
Breslow and the government want DiCenzo to be sentenced to 30 months in prison. DiCenzo and his attorney say that given his poor health, he should be put on probation and spared prison time.
DiCenzo has asked the court to reschedule a planned Oct. 15 sentencing, saying he is not available that day because of medical treatments. He receives kidney dialysis treatment three days a week.
"Mr. DiCenzo suffers from persistent left-side weakness, has difficulty walking, and requires assistance dressing and with personal hygiene tasks," a recent filing states. "He recently has been advised that his improvement has plateaued and that his current condition is permanent."
DiCenzo suffered a stroke in early March and lives in a Pittsfield extended care facility. In the past year he also has been beset by bladder cancer, vision problems, chronic obstructive pulmonary disease and a minor heart attack, his lawyers have said.
Prosecutors say DiCenzo steered roughly $4 million in improper loans to borrower Jeffrey Pierce, and received kickbacks. DiCenzo has also admitted to stealing from two nonprofit groups.
Pierce was sentenced in August 2019 to 20 months in federal prison.
Larry Parnass can be reached at firstname.lastname@example.org or 413-588-8341.