By MATT CHANDLER
Buffalo Law Journal

A Buffalo attorney has been indicted by a federal grand jury, charged with embezzling $69,000 from the 401(k) plan of the Lockport company he once owned.

Thomas Barnes faces one count of embezzlement. It's alleged that, during a 21-month period ending in January 2007, he diverted approximately $69,000 from Franbuilt Inc., an industrial design/fabrication plant. The plant subsequently closed, on Jan. 29, 2007.

The indictment alleges that Barnes diverted the cash from the plan by failing to remit contributions deducted from employees' paychecks and misappropriated an employee distribution payment from the plan. If convicted of the charge, the Buffalo lawyer faces a maximum of five years in prison, a fine of $250,000 or both.

The case is being prosecuted by Assistant U.S. Attorney Aaron Mango.

Calls to Barnes seeking comment were unanswered, and the mailbox at his listed telephone number was full.