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Edward Reilly Complaint

Edward Reilly Complaint

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07/10/2013

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STATE OF NEW YORK CRIMINAL COURT

COUNTY OF ALBANY CIty OF ALBANY

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THE PEOPLE OF THE STATE OF NEW

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COMPLAINT
-vs.EDWARD REILLY DOB 10/611959,

----~---------------------------------------------BE IT KNOWN THAT, by this Co Officer and Investigator with the New York New York, accuses Edward Reilly, the abov or about and between March 17,2005 throu Albany, New York. The below allegations of fact are m upon information and belief, with the source being: an investigation conducted by the 0 interviews of witnesses and review of docum Environmental Conservation telephone and

---------------------------------------------------------------------plaint, James Carroll, the Complainant herein, a Peace tate Inspector General's Office, Empire State Plaza, Albany, named Defendant, of committing the following offenses on h May 27,2011 at 625 Broadway, City and County of

de by the Complainant herein on direct knowledge and/or of Complainant's information and the groundsfor belief ce of the New York State Inspector General including nts, including but not limited to a review of Department of ime and attendance records. COUNT 1

GRAND LARCENY IN THE TH of the renal Law ofthe State of New York, grand larceny in the third degree when he st thousand dollars; To wit: the Defendant rna (DEC) in the form of telephone calls to at le all of which were unauthorized and unrelate committed under the following circumstanc

DEGREE, a Class D Felony in violation of Section 155.35 n that a person, including the Defendant herein, is guilty of als property and when the value of the property exceeds three e charges to the Department of Environmental Conservation t 6 premium rate telephone services that totaled $20,125.32, to the Defendant's employment with DEC. The crime was s.

At all times herein the Defendant is a public servant employed by DEC and assigned to work on the 4thfloor of the DEC Headquarters buildi g located at 625 Broadway, Albany, New York. The Complainant is informed that on or about d between March 17,2005 through May 27,2011, telephone calls were made to premium rate telephone ervices from the telephone number assigned to the Defendant's workstation and from the telep ones located inside four conference rooms numbered 419, 421,427 and 428 all of which are located 0 the 4thfloor where the Defendant worked and the Defendant had access to. The Complainant is informed by T rrence Lantry, an investigator with the DEC Office of Internal Audit and Control, that as a result of surveill nee he conducted during April and May 2011, the Defendant was observed by himself four times on the telep one in 4thfloor conference room numbers 419 and 428. A check of the telephone records for the time in whic the Defendant was observed revealed that telephone calls were made from the phone located inside the con renee room number 419 and 428 to two premium rate telephone services known as Quest Chat and Secret E counters.

Complainant is informed by records om DEC that calls were made from the above telephones tothe following premium rate telephone service nu bers (473) 444-2300 identified as VIP Club Sensual Chat; (473) 444-2339 identified as VIP Club Sensual Cat; (518) 915-6000 identified as Quest Chat; (869) 662-2300 identified as Secret Encounters; (518) 915- 070 identified as Metrovibe; and (518) 915-7878' identified as Local Chat totaling in excess of760 phone c lIs for approximately 500 hours costing the DEC and New York State at least $20,125.32. Specifically, Complainant is inform Defendant had access to, the following telep From March 17, 2005 - December 31, 2005 year 2006, 208 calls were made for a cost 0 a cost of $2289.44. During calendar year 2 year 2009, 128 calls were made for a cost 0 cost of $3921.22. From January 01, 2011 d that from the above referenced telephones which the one call activity occurred to premium rate telephone services. 46 calls were made for a cost of $13 82.4 7. During calendar $4404.32. During calendar year 2007, 85 calls were made for 08, 19 calls were made for a cost of$581.07. During calendar $5637.30. During calendar year 2010, 162 were made for a ay 27,2011, 113 calls were made for a cost of$1909.50.

The Defendant informed the Compl inant in sum and substance, for several years he used the conference rooms to place telephone calls t chat lines some of which are local and others located in the Caribbean. He used the conference room t lephones so that the calls could not be traced back to him. He knew that for the calls to which he did not h ve a pre-paid account, the Department of Environmental Conservation would be billed and have to p y for the calls. The Defendant admitted that over the past several years this has probably added up to significant amount of money. He knew that the use of the phones was inappropriate, state phones are upposed to be used for official New York State business. COUNT 2 OFFERING A FALSE INSTRUM NT FOR FILING IN THE FIRST DEGREE, a Class E Felony in violation of Section 175.35 of the Penal aw of the State of New York, in that a person, including the Defendant herein, is guilty of offering a fals instrument for filing in the first degree when, knowing that a written instrument contains a false statemen or false information, and with the intent to defraud the state or any political subdivision, public authority 0 public benefit corporation of the state, he offers or presents it to a public office, public servant, public aut ority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authori or public benefit corporation. To wit: in the County of Albany on or about August 12, 2005, the D fendant knowingly submitted in order to receive payment from New York State false time and attendance r cords. Complainant is informed by officia hours a week and is required to submit biand to claim annual leave time wherein he otherwise personal purposes. When submi acknowledge the following certification: records of the DEC that Defendant, is required to work 37.5 eekly electronic time and attendance records to his supervisor as not performing his assigned duties due to vacation, sick or ing the time and attendance records the Defendant must

I certify that this record of ttendance is correct and is an accurate report of my attendance leave an activity. On August 12,2005, the Defendan reported that on August 1,2005, he worked from 8:45 AM to 4:45 PM with a half hour lunch for a total f7.5 hours when in fact investigation establishes that the Defendant spent 1 hour and 31 minutes fro 1:36 PM to 3':07 PM in conference room number 428 on the telephone with VIP Club Sensual Chat, a p emium rate telephone service, and he did not record the use of

annual leave for this time on his time and att ndance records. The Defendant informed the Compl telephones so that the calls could not be trac several years this has probably added up to phones was inappropriate, state phones are s inant in sum and substance, he used the conference room d back to him. The Defendant admitted that over the past significant amount of money. He knew that the use of the pposed to be used for official New York State business.

COUNT 3 OFFERING A FALSE INSTRUM in violation of Section 175.35 of the Penal Defendant herein, is guilty of offering a fals written instrument contains a false statemen . any political subdivision, public authority 0 to a public office, public servant, public aut belief that it will be filed with, registered or public office, public servant, public authori Albany on or about June 13,2006, the Defe New York State false time and attendance r Complainant is informed by officia hours a week and is required to submit bi-w and to claim annual leave time wherein he otherwise personal purposes. When submitt acknowledge the following certification: NT FOR FILING IN THE FIRST DEGREE, a Class E Felony aw of the State of New York, in that a person, including the instrument for filing in the first degree when, knowing that a or false information, and with the intent to defraud the state or public benefit corporation of the state, he offers or presents it ority or public benefit corporation with the knowledge or ecorded in or otherwise become a part of the records of such or public benefit corporation. To wit: in the County of dant knowingly submitted in order to receive payment from cords. records of the DEC that Defendant, is required to work 37.5 ekly electronic time and attendance records to his supervisor as not performing his assigned duties due to vacation, sick or ng the time and attendance records the Defendant must

I certify that this record of ttendance is correct and is an accurate report of my attendance leave and activity. On June 13, 2006, the Defendant r ported that on May 26, 2006, he worked from 10:00 AM to 6:00 PM with a half hour lunch for a total 0 7.5 hours when in fact investigation establishes that the Defendant spent 2 hours and 57 minutes fr m 12:30 PM to 3:23 PM in conference room number 428 on the telephone with Quest Chat, a premium te telephone service, and he did not record the use of annual leave for this time on his time and attendan e records. The Defendant informed the Comp ainant in sum and substance, he used the conference room telephones so that the calls could not be tra ed back to him. The Defendant admitted that over the past several years this has probably added up to significant amount of money. He knew that the use of the phones was inappropriate, state phones are upposed to be used for official New York State business. COUNT 4 OFFERING A FALSE INSTR in violation of Section 175.35 of the Penal Defendant herein, is guilty of offering a fal written instrument contains a false stateme any political subdivision, public authority to a public office, public servant, public au belief that it will be filed with, registered 0 NT FOR FILING IN THE FIRST DEGREE, a Class E Felony aw ofthe State of New York, in that a person, including the e instrument for filing in the first degree when, knowing that a t or false information, and with the intent to defraud the state or public benefit corporation of the state, he offers or presents it hority or public benefit corporation with the knowledge or recorded in or otherwise become a part of the records of such

public office, public servant, public authori or public benefit corporation. To wit: in the County of Albany on or about July 12, 2007, the Defe ant knowingly submitted in order to receive payment from New York State false time and attendance re ords. Complainant is informed by official hours a week and is required to submit bi-w and to claim annual leave time wherein he otherwise personal purposes. When submitti acknowledge the following certification: records of the DEC that Defendant, is required to work 37.5 ekly electronic time and attendance records to his supervisor as not performing his assigned duties due to vacation, sick or g the time and attendance records the Defendant must

I certify that this record of endanceis correct and is an accurate report of my attendance leave and ctivity. On July 12,2007, the Defendant re orted that on July 9, 2007, he worked from 9:30 AM to 5:00 PM with a half hour lunch for a total of7.0 ours when in fact investigation establishes that the Defendant spent 2 hours and 7 minutes from 1:55 PM 4:03 PM in conference room number 428 on the telephone with VIP Club Sensual Chat, a premium rat telephone service, and he did not record the use of annual leave for this time on his time and attendan records. The Defendant informed the Compl inant in sum and substance, he used the conference room telephones so that the calls could not be trac d back to him. The Defendant admitted that over the past several years this has probably added up to significant amount of money. He knew that the use of the phones was inappropriate, state phones are upposed to be used for official New York State business. COUNT 5 OFFERING A FALSE INSTRUM NT FOR FILING IN THE FIRST DEGREE, a Class E Felony in violation of Section 175.35 of the Penal aw of the State of New York, in that a person, including the Defendant herein, is guilty of offering a fals instrument for filing in the first degree when, knowing that a ,written instrument contains a false statemen or false information, and with the intent to defraud the state or any political subdivision, public authority 0 public benefit corporation of the state, he offers or presents it to a public office, public servant, publicaut ority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authori or public benefit corporation. To wit: in the County of Albany on or about August 9,2010, the De endant knowingly submitted in order to receive payment from New York State false time and attendance r cords. Complainant is informed by officia hours a week and is required to submit biand to claim annual leave time wherein he otherwise personal purposes. When submi acknowledge the following certification: records of the DEC that Defendant, is required to work 37.5 eekly electronic time and attendance records to his supervisor as not performing his assigned duties due to vacation, sick or ing the time and attendance records the Defendant must

I certify that this record of ttendance is correct and is an accurate report of my attendance leave an activity. On August 9,2010, the Defendant eported that on July 27,2010, he worked from 9:00 AM to 5:00 PM with a half hour lunch for a total f7.5 hours when in fact investigation establishes that the Defendant spent 1 hour and 12 minutes fro 3:48 PM to 5:00 PM in conference room number 419 on the telephone with VIP Club Sensual Chat, a p emium rate telephone service, and he did not record the use of

annual leave for this time on his time and a The Defendant informed the Compl telephones so that the calls could not be trac several years this has probably added up to phones was inappropriate, state phones are

ndance records. inant in sum and substance, he used the conference room d back to him. The Defendant admitted that over the past significant amount of money. He knew that the use of the pposed to be used for official New York State business. COUNT 6

OFFERING A FALSE INSTRUM NT FOR FILING IN THE FIRST DEGREE, a Class E Felony in violation of Section 175.35 of the Penal aw of the State of New York, in that a person, including the Defendant herein, is guilty of offering a fals instrument for filing in the first degree when, knowing that a written instrument contains a false statemen or false information, and with the intent to defraud the state or any political subdivision, public authority 0 public benefit corporation of the state, he offers or presents it to a public office, public servant, public aut ority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authori or public benefit corporation. To wit: in the County of Albany on or about April 18, 2001, the Den ndant knowingly submitted in order to receive payment from New York State false time and attendance r cords. Complainant is informed by officia hours a week and is required to submit bi-w and to claim annual leave time wherein he otherwise personal purposes. When submitt acknowledge the following certification: records of the DEC that Defendant, is required to work 37.5 ekly electronic time and attendance records to his supervisor as not performing his assigned duties due to vacation, sick or ng the time and attendance records the Defendant must

I certify that this record of ttendance is correct and is an accurate report of my attendance leave and activity. On April 18, 2011, the Defendant r 5:00 PM with a half hour lunch for a total 0 Defendant spent 1 hour and 30 minutes fro telephone with Secret Encounters, a premiu annual leave for this time on his time and a ported that on April 13, 2011, he worked from 9:0,0 AM to 7.5 hours when in fact investigation establishes that the 2:26 PM to 3:56 PM in conference room number 427 on the rate telephone service, and he did not record the use of endance records.

The Defendant informed the Com lainant in sum and substance, he used the conference room telephones so that the calls could not be tra ed back to him. The Defendant admitted that over the past several years this has probably added up to significant amount of money. He knew that the use of the phones was inappropriate,state phones are upposed to be used for official New York State business.

In a written instrument, any person who knowingly makes a false statement which such person does not believe to be true has committed a crime under the laws of the State of New York punishable as a Class A Misdemeanor. (PL 210.45)

Affirmed under penalty of perjury This 28th day of October 2011. INVESTIGATOR JAME'S CARROLL

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