Orchard Park, N.Y. (WBEN) - A West Seneca couple is facing felony charges after trying to attend the Buffalo Bills playoff game at Highmark Stadium back on Jan. 15 using fake vaccination cards.
Michael Naab, 34, and Amber Naab, 37, were arraigned Tuesday evening in Orchard Park Town Court. Both are charged with one count of Criminal Possession of a Forged Instrument in the Second Degree, a Class “D” felony.
The Naabs are accused of intentionally presenting a falsified COVID-19 vaccination card for the Bills' playoff game against the New England Patriots.
"Basically, the allegation is that you get a CDC blank vaccination card, you fill in your name, your date of birth, first dose Pfizer, second dose Pfizer, you allegedly make up a lot number here, put down the date that you got it, and then you put that you got it at a CVS. They even allegedly put down a number to a CVS store," explained Erie County District Attorney, John Flynn on Wednesday.
They are the first to be prosecuted in Erie County following the passage of the “Truth in Vaccination” legislation that went into effect in December. The bill specifies that a vaccination card is considered a “written instrument” under New York State penal laws related to fraud.
According to Flynn on Wednesday, the Naabs had actually been on the Bills' radar even before the Patriots game back on Jan. 15.
"Allegedly, there had been some social media activity in previous games, and someone saw it on social media and called the Buffalo Bills or called the Health Department, and made an anonymous tip that these two individuals were allegedly posting that they had gotten the Bills games prior using a vaxx card," he said. "That's not part of my charge. I don't know that. I'm not alleging that. I'm just giving you a background on how they got on the Buffalo Bills' radar."
"When it came time for the Patriots game, they actually got in the game. They went to their seats, and in the third quarter, they were tapped on the shoulder by the Buffalo Bills and the Sheriff's department to come with them and they were then questioned. They actually got in the game and sat for three quarters, and then the Buffalo Bills and the Sheriff's found them. I don't know if they were season ticket holders, I presume they were, they knew where they were sitting. I don't know that for sure, but in any event, they got them and they question them. And then based upon that questioning right there, the investigation ensued."
Flynn says the team wanted the Naabs both prosecuted for faking their vaccination cards, and he agreed to go through that process. They are due back in court on Tuesday, Feb. 22 for a 5 p.m. EST hearing.
If convicted of the charge, both defendants could face a maximum of seven years in prison. However, Flynn does not anticipate either Michael or Amber Naab seeing any prison time.
"I readily admit this is not the crime of the century. I hate to be the guy that says I need to send a message, I don't like being that guy, but you can't do this. There's a law. We've got laws on the books," Flynn said. "Am I going to send them Attica? No, but they're going to get prosecuted."
