Acting Nassau County District Attorney Madeline Singas announced the arraignment today of a Long Beach man on grand jury charges for using false information to secure a bid to install a boiler in a widely-used public facility with the intent of defrauding the City of Long Beach and denying work to a qualified bidder. At the time, Gusler was employed as a member of the City of Long Beach Fire Department.
Jay Gusler, 52, of Long Beach, was arrested and arraigned today before Supreme Court Justice Frank Gulotta on the following charges:
• Grand Larceny in the 3rd Degree (a D felony)• Identity Theft in the 1st Degree (a D felony)• Forgery in the 2nd Degree (a D felony)• Offering a False Instrument for Filing in the 1st Degree (an E felony)• Identity Theft in the 3rd Degree (an A misdemeanor)• Forgery in the 3rd Degree (an A misdemeanor)• Criminal Impersonation in the 2nd Degree (an A misdemeanor)
Justice Gulotta released the defendant on his own recognizance. If convicted of the top charge, Gusler faces up to 2-1/3 to seven years in prison. He is due back in court on Feb. 23 before Supreme Court Justice Angelo Delligatti.
“Public facilities like this recreation center provide essential services for taxpayers, and as such, they need to be protected,” Acting DA Singas said. “My office will continue to root out fraud and to hold anyone who abuses the public’s trust accountable for their conduct. We are grateful for our partnership with the City of Long Beach on this case.”
"This continues this administration's zero tolerance policy for individuals who attempt to scam Long Beach taxpayers -- employees or otherwise," said Long Beach City Manager Jack Schnirman. "Jay Gusler is being immediately suspended without pay from his position in the City's paid fire department, and further administrative action will be taken from there. We continue to work closely with the District Attorney's office to root out potential corruption issues at their source."
Acting DA Singas said that Gusler, with the intent to defraud the City of Long Beach, submitted a bid in May 2013 to install a boiler in the City’s Recreation Center for $11,400 under the name of a licensed heating and plumbing company located in Long Beach, without that company’s permission.
The bid contained false information regarding the business’ name, address, and plumbing license numbers – the defendant, in fact, is not a licensed plumber. Gusler’s bid was approximately $1,000 less than the next lowest bidder, a licensed heating and plumbing company based in Atlantic Beach. As a result, the City of Long Beach cancelled a pending purchase order request to award the Atlantic Beach-based company the job.
Gusler was subsequently awarded the job using the false information provided in his winning bid.
Gusler completed the boiler installation on or about Aug. 19, 2013. He then attempted to submit an invoice to the City of Long Beach for payment to himself under the name, “SnapDek Construction,” the defendant’s now-defunct construction company.
On or about Aug. 30, 2013, a check for $11,400 was sent to the company in Long Beach listed on Gusler’s bid. About 10 days later, Gusler contacted the company and was subsequently paid the $11,400 from a check the defendant cashed from the company’s account.
The boiler was riddled with problems based, in part, on its improper installation and cost the city of Long Beach additional expense to repair.
Gusler surrendered to DA investigators today and was arrested.
Assistant District Attorney Christiana McSloy of Acting DA Singas’ Public Corruption Bureau is prosecuting the case. Gusler is represented by Joseph LoPiccolo, Esq.
The charges are merely accusations and the defendant is presumed innocent until and unless found guilty.