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STATE OF NEW YORK

COUNTY OF RENSSELAER: TROY CITY COURT


THE PEOPLE OF THE STATE OF NEW YORK
-against-

FELONY COMPLAINT

KEVIN ROGERS,
Defendant.

Bridget Holohan Scally


Assistant Attorney General
Public Integrity Bureau
(518) 776-2379

STATE OF NEW YORK) ss.:


COUNTY OF RENSSELAER)
I, Nicholas Georgeadis, an Investigator with the New York State Police (NYSP),
shield number 2501, being duly sworn, state that the defendant, Kevin Rogers, committed the
following crimes:
Grand Larceny in the Third Degree in violation of 155.35(1) of the Penal Law of the
State of New York, a class D felony, in that defendant Kevin Rogers, from in or about August
2006 through on or about July 20, 2011, in the City of Troy, County of Rensselaer, State of New
York, and elsewhere, wrongfully took, obtained and withheld money owned by the Sheriffs
Employees Association of Rensselaer County, Inc. (SERCO) for his own personal use, and the
total value of the property involved exceeded three thousand dollars ($3,000.00).
Grand Larceny in the Fourth Degree in violation of 155.30(1) of the Penal Law of
the State of New York, a class E felony, in that defendant Kevin Rogers, from on or about July
10, 2010, through on or about July 20, 2011, in the City of Troy, County of Rensselaer, State of
New York, and elsewhere, wrongfully took, obtained and withheld money owned by the

Sheriffs Employees Association of Rensselaer County, Inc., for his own personal use, and the
total value of the property involved exceeded one thousand dollars ($1,000.00).
Forgery in the Second Degree in violation of 170.10(1) of the Penal Law of the State
of New York, a class D felony, in that the defendant, on or about July 20, 2011, in the City of
Troy, County of Rensselaer, State of New York, and elsewhere, with intent to defraud, and
deceive falsely altered a written instrument which was or purported to be, and which was
calculated to become, and to represent if completed, a commercial instrument. Specifically,
defendant intentionally altered check number 1056 issued from the bank account owned by the
Sheriffs Employees of Rensselaer County.
Criminal Possession of a Forged Instrument in the Second Degree in violation of
170.25 of the Penal Law of the State of New York, a class D felony, in that the defendant, on or
about July 20, 2011, in the City of Troy, County of Rensselaer, State of New York, and
elsewhere, with knowledge that it was forged and with intent to defraud, deceive, and injure
another, possessed a forged commercial instrument of the kind specified in Penal Law 170.10.
Specifically, defendant possessed altered check number 1056 issued from the bank account
owned by the Sheriffs Employees of Rensselaer County.

FACTUAL BASIS
1.

This felony complaint is based upon information and belief, with the grounds for

my information and the source for my belief being the investigation conducted by the NYSP, the
Office of the Attorney General (OAG) and the United States Attorneys Office for the
Northern District of New York (USAO), my review of bank records maintained by HSBC

Bank USA, NA (HSBC), and the State Employees Federal Credit Union (SEFCU), and my
interviews with witnesses whose identities are known to deponent, the OAG or the USAO.
These crimes were committed under the following circumstances:
2.

The defendant is a correctional officer employed by the Rensselaer County

Sheriffs Department.
3.

In or about November 2004, SERCO, a Not-for-Profit corporation organized

pursuant to the Not-for-Profit Corporation Law of the State of New York, was formed.
4.

According to its constitution and by-laws, SERCOs primary purpose and

objective is to improve the terms and conditions of employment of all Members; to represent
such members in collective bargaining and grievance disputes; and to engage in such other
services and programs as from time to time [it] deems are in the best interests of the Members.
5.

At all times relevant in this complaint, SERCOs officers and board members

were Mark Piche, President, Kevin Rogers (defendant), Vice President and Treasurer, and
Christopher Fumarola, Secretary.
6.

As treasurer, the defendant was obligated to [c]ollect, receive and safely

maintain all dues and other income of the Association and [a]ct as custodian for all assets and
properties of the Association.
7.

In or about November 2004, SERCO opened a checking account with HSBC

bank. Piche and the defendant were the only authorized signatories on the account.
8.

In or about June 2006, HSBC issued debit cards associated with SERCOs

account to both Piche and the defendant, as the authorized account holders.

9.

In or about August 2006 continuing through December 2009, SERCO bank

records reflect debit transactions at various restaurants and gentlemens clubs throughout the
Capital District area.
10.

I am informed by Witness Number 1, whose identity is known to me, that in or

about December 2009, Witness Number 1 saw the defendant use the SERCO debit card at a
restaurant.
11.

I am informed by Witness Number 2, whose identity is known to me, that in or

about December 2009, that when Witness Number 1 informed Witness Number 2 that Witness
Number 1 saw the defendant using the SERCO debit card at a restaurant, Witness Number 2
reviewed SERCOs bank statements. Witness Number 2s review of those bank statements
revealed several debit transactions that Witness Number 2 did not believe were associated with
any SERCO business.
12.

Witness Number 2 has reviewed all of SERCOs bank statements and identified

those transactions that involved SERCO business and those transactions that did not involve
SERCO business. The transactions that did not involve SERCO business totaled over $3,000.00.
13.

I am informed by Witness Number 2 that on or about July 20, 2010, the defendant

suggested that SERCO make a $400.00 donation to a local boxer. In response to the defendants
request, Witness Number 2 provided the defendant with a signed, blank check numbered 1028
from SERCOs bank account.
14.

A copy of check number 1028 reveals that check number 1028 was made out to

Pugnacious Promotions in the amount of $1,200.00.

15.

I have been informed by Witness Number 3, whose identity is known to me, that

in July 2010, Pugnacious Promotions was sponsoring a boxing event and that tickets for a ring
side table at the boxing event cost $1,2000.00.
16.

I have been informed by SERCO Members that they were not invited to, did not

attend, and were unaware of any SERCO event being held at a boxing match in or around July
2010.
17.

I have been informed by Witness Number 2 that on or about January 30, 2011, the

defendant suggested that SERCO make another donation to a local boxer. Witness Number 2
provided the defendant with check number 1056 drawn from SERCOs bank account made out
to Pugnacious Promotions in the amount of $400.00.
18.

A copy of check number 1056 reflects that it has been altered. The 4 in $400 was

altered to a 6 and the spelled-out four in four hundred was altered to a six. SERCO bank records
reflect that check number 1056 was negotiated for $600.00.
19.

I have been informed by Witness Number 3, that Pugnacious Promotions

sponsored an event on or about February 3, 2011, and that the price of tickets for a ring side table
to that event was $600.00.

20.

I have been informed by SERCO Members that they were not invited to, did not

attend, and were unaware of any SERCO event being held at a boxing match in or around
February 2011.

Notice: Any person who knowingly makes a false statement in a written instrument such
as this Felony Complaint and 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 (Penal Law
210.45).

Dated: July __, 2015


Troy, NY
______________________________
Nicholas Georgeadis, Investigator
New York State Police

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