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STATE OF NEW YORK: RENSSELAER COUNTYTROY CITY COURT- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XTHE PEOPLE OF THE STATE OF NEW YORK, ::-against- ::WALTER HEALEY, :Defendant. :- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XFELONY COMPLAINTAssistant Attorney GeneralLauren Popper Ellis212-416-6025SENIOR INVESTIGATOR MICHAEL BATTISTI, SHIELD NUMBER 102, of theOffice of the Attorney General of the State of New York (“OAG”), located at the State Capitol,Albany, New York, deposes and states the following:
Charges
On or about the dates specified below, at the City of Troy, County of Rensselaer, State of New York, and elsewhere, the defendant committed the offenses of:IDENTITY THEFT IN THE FIRST DEGREE, in violation of section 190.80(1) of theNew York Penal Law, a Class D Felony (1 Count);UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION INFORMATION INTHE SECOND DEGREE, in violation of section 190.82 of the New York Penal Law, a Class EFelony (1 count);TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, in violation of section 175.25 of the New York Penal Law, a Class D Felony (1 count); andOFFICIAL MISCONDUCT, in violation of section 195.00(1) of the New York PenalLaw, a Class A misdemeanor (1 count);in that the defendant did:in or about April 2006 and continuing through in or about December 2008, knowingly1
 
 
and with intent to defraud assume the identity of another person by presenting himself as thatother person, by acting as that other person and by using personal identifying information of thatother person, and thereby obtain goods, money, property and services and use credit in the nameof such other person in an aggregate amount that exceeds two thousand dollars;in or about October 2008, knowingly possess more than two hundred fifty items of personal identification information of the following nature: a person’s financial services accountnumber or code, savings account number or code, checking account number or code, brokerageaccount number or code, credit card account number or code, debit card number or code,automated teller machine number or code, personal identification number, mother's maidenname, computer system password, electronic signature or unique biometric data that is afingerprint, voice print, retinal image or iris image of another person knowing such informationwas intended to be used in furtherance of the commission of a crime defined in this chapter;in or about June 2008, knowing that he did not have the authority of anyone entitled togrant it, and with intent to defraud, knowingly remove, mutilate, destroy, conceal, make a falseentry in and falsely alter a record and other written instrument filed with, deposited in, andotherwise constituting a record of a public office and public servant; andin or about May through July 2008, being a public servant, and with intent to obtain abenefit and deprive another person of a benefit, commit an act relating to his office butconstituting an unauthorized exercise of his official functions, knowing that such act wasunauthorized.2
 
 
Summary
IntroductionAs set forth below, OAG investigation has shown that the defendant, a veteran employeeof the New York State Department of Taxation and Finance (“DTF”), abused his official positionby improperly taking confidential information from DTF files, opened numerous credit cards andlines of credit using names and social security numbers other than his own, and ran up over$200,000 in unpaid charges on such accounts. Evidence collected during the investigation showsthat, while at DTF, the defendant: made numerous unauthorized accesses to DTF computersystems, improperly took identification information from DTF files, stored identificationinformation regarding numerous taxpayers and others at his residence, and used such informationto obtain credit cards. The defendant also opened and used multiple credit cards and lines of credit in the names of his deceased mother and sister and in his own name but using the socialsecurity numbers of other individuals, including two children.Defendant’s Duties and Breach of Duties at DTFThe defendant worked at DTF in various positions from approximately March 1986through December 2008. In 2006, he was assigned to a DTF unit that scans sets of identificationdocuments (including social security cards and birth certificates) that taxpayers have submittedto DTF in connection with routine audits. Employees of this unit have access to computerprograms and paper files containing taxpayers’ identification information (including names andsocial security numbers) and copies of taxpayers’ identification documents.In 2008, an employee of this unit noticed irregularities in sets of documents to which thedefendant had been assigned. Subsequent investigation revealed that numerous document sets towhich the defendant had recently been assigned were missing pages and had cover sheets that3
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