March 28, 2006

Unemployment Fraud Sweep Catches 9 Bilking State for more than $67k

Sweep puts DA’s new bureau in spotlight

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today that charges have been filed against nine defendants accused of stealing more than $67,000 from the New York State Department of Labor.

All nine defendants have all been charged with Grand Larceny in the Third Degree, a Class D Felony, and Offering a False Instrument for Filing in the First Degree, a Class E Felony. Six defendants turned themselves in to the DA’s office this morning, while the DA’s office has issued warrants for two defendants, and a third is scheduled to turn himself in on Friday. If convicted of the charges, all nine defendants face a maximum of seven years in prison.

District Attorney Kathleen Rice said Tuesday, “Stealing from the government affects everyone and will not be tolerated under my watch. We pay our hard-earned tax dollars and expect they will be used for the benefit of all, not for the greed of few. I applaud the work of the Department of Labor, and my new bureau, the Consumer and Government Frauds Bureau, in investigating these defendants.”

All charges stem from falsifying weekly certifications made by the defendants that there was no change in status to their unemployment benefits claim, despite the fact that all nine had at various times obtained work.

Ana Marie Cruz, 41, of Long Beach, began legitimately collecting unemployment benefits in June, 2003. It is alleged that in August, 2003, she began a new job as a personal assistant for the company Pathways to Independent Living. Ms. Cruz never informed the NYS Department of Labor of her change in employment and collected $6,378 in fraudulent unemployment benefits while working in her new job. Ms. Cruz turned herself in to the Nassau County District Attorney’s Office Tuesday morning.

Leah Doyle, 36, of Massapequa Park, collected $8,250 in unemployment benefits while she worked as an ophthalmic technician. Ms. Doyle began collecting unemployment benefits in April of 2003. She was hired in August of that year and failed to inform the NYS Department of Labor. Ms. Doyle turned herself in to the Nassau County District Attorney’s Office Tuesday morning.

Juan Estrella, 56, of Uniondale, is accused of receiving $6,681 in undeserved unemployment benefits. Mr. Estrella began collecting unemployment benefits lawfully in June, 2003. In September, 2003 he began work as a material handler and forklift operator for Alan Ritchey, Inc. and failed to inform the NYS Department of Labor. Mr. Estrella is expected to turn himself in to the Nassau County District Attorney’s Office on Friday.

Louis Gigi, 54, of Massapequa, legally collected unemployment benefits beginning in March, 2003. In July, 2003, Mr. Gigi was hired by Fanfare Media Works to work as a Regional Manager. He failed to report this to the NYS Department of Labor, collecting $6,075 in fraudulent unemployment benefits. Mr. Gigi turned himself in to the Nassau County District Attorney’s Office Tuesday morning.

Virgil Longo, 48, of Levittown, began legitimately receiving unemployment benefits in December, 2002. It is alleged that Mr. Longo worked at various points over the next year as a laborer for the Columbus Construction Company, but failed to report his employment to the NYS Department of Labor. Mr. Longo is accused of collecting $7,087 in fraudulent unemployment benefits. Mr. Longo turned himself in to the Nassau County District Attorney’s Office Tuesday morning.

Alejandro Otero, 45, of Island Park, began work as a maintenance worker for S. & N. Auerbach Management, Co. in April, 2003. He had been receiving unemployment benefits lawfully beginning in February, 2003. He failed to report his employment to the NYS Department of Labor and is accused of fraudulently collecting $7,213 in unemployment benefits. A warrant for Mr. Otero’s arrest has been issued.

Rubens Ribeiro, 53, of West Hempstead, began receiving unemployment benefits lawfully in December, 2002. In April, 2003, he was hired as a car salesman for Northport Ford and later worked for Country Ford in Levittown. Allegedly, during his time employed as a car salesman, Mr. Ribeiro neglected to report his employment to the NYS Department of Labor. It is alleged that Mr. Ribeiro collected $7,695 in unemployment benefits. A warrant for Mr. Ribeiro’s arrest has been issued.

Ian Robinson, 56, of Uniondale, began collecting unemployment benefits legally in August, 2003. In that same month, he began work at the New Island Hospital. It is alleged that Mr. Robinson did not inform the NYS Department of Labor of his employment and collected $10,321 in fraudulent unemployment benefits. Mr. Robinson turned himself in to the Nassau County District Attorney’s Office Tuesday morning.

Beverly Simmons, 34, of Hempstead, began work as a processor for Mortgage Line Financial, Corp. in November, 2003. She had previously been collecting unemployment benefits legitimately beginning in September of 2003. Ms. Simmons allegedly failed to report her employment with Mortgage Line Financial to the NYS Department of Labor and fraudulently collected $8,100 in unemployment benefits.

A person is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thousand dollars. (PL § 155.35).

A person is guilty of offering a false instrument for filing in the first degree when, knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become part of the records of such public office, public servant, public authority or public benefit corporation. (PL §175.35)

The defendants will be arraigned this afternoon in First District Court, Hempstead. ADA Stephani Meister will be handling the cases against Mr. Otero, Mr. Ribeiro, and Mr. Robinson. ADA Connie Gentile will be handling the case against Ms. Cruz, and ADA Beth LaVelle will be handling the cases against Ms. Doyle, Mr. Estrella, Mr. Gigi, Mr. Longo, and Ms. Simmons. All ADAs are members of the District Attorney’s newly-created Government and Consumer Frauds Bureau.

District Attorney Rice would like to thank the New York State Department of Labor for their involvement in the investigation.

The charges are merely accusations, and the defendants are presumed innocent until and unless proven guilty.