New York State Comptroller Thomas P. DiNapoli, Erie County District Attorney Michael J. Keane, and Erie County Sheriff John C. Garcia recently announced former Deputy Erie County Clerk Alexander McDougall was sentenced to 1 1/3 to 4 years in state prison and ordered to pay full restitution after pleading guilty to stealing over $320,000 in county funds.
“Today’s sentence sends a clear message that those who abuse their positions in government to line their own pockets will be caught and punished,” DiNapoli said. “Alexander McDougall abused his authority and diverted funds meant to benefit taxpayers for his own use.* I thank Erie County District Attorney Michael Keane, Erie County Sheriff John Garcia, and Erie County Comptroller Kevin R. Hardwick for their partnership in bringing him to justice.”
In August, McDougall pleaded guilty to felony counts of grand larceny and offering a false instrument for filing.
District Attorney Keane said: “For more than four years, this defendant used his position in the Clerk’s Office to steal a significant sum of money from the residents of Erie County,” Keane said. “In addition to uncovering this brazen theft, I want to commend the Erie County Comptroller’s Office as well as our partners in the New York State Comptroller’s Office and Erie County Sheriff’s Office for their work on the case. I also commend the Erie County Clerk’s Office for their full cooperation in this investigation. While uncovering financial crimes can be an extensive and time-consuming process, I want the public to know that we are committed to obtaining justice and restoring their trust in government by prosecuting the offenders and seeking full restitution.”
"Confidence in government requires confidence and trust in its public officer,” Garcia said. “I commend Detective Dan Brinkerhoff and the Erie County Sheriff's Office Investigative Services Unit for their thorough investigation into this matter. I would also like to thank Comptroller DiNapoli, District Attorney Keane and Comptroller Hardwick for their partnership throughout this case."
“Personally, I’m deeply saddened for Alex and his family, who I’ve known for years,” Hardwick said. “At the same time, I’m also proud of my staff, who uncovered the situation and saved the county hundreds of thousands of dollars.”
In early 2023, the Erie County Comptroller’s Office conducted an internal audit of the Erie County Clerk’s Registrar Division and referred its findings to DiNapoli’s office. DiNapoli’s office, in partnership with the Erie County District Attorney’s Office and the Erie County Sheriff, conducted a forensic audit and investigation and expanded the scope of the initial inquiry to include the period from Jan. 1, 2019, when McDougal became Deputy Clerk, through June 30, 2023.
The Erie County Clerk’s office collects a variety of fees such as court filings, mortgage taxes, and pistol permits. Staff prepare deposit slips for each payment. As deputy clerk, McDougall was responsible for reviewing each deposit slip and reconciling them with daily collection reports to ensure accuracy and accountability.
Investigators found that in hundreds of instances cash was collected but not deposited. In most instances, the total amount of cash collected by one of the clerks was missing.
The investigation uncovered that cash was deposited into McDougall’s personal bank account on several days the cash was not deposited into the county clerk’s bank account. DiNapoli’s auditors determined over $320,000 of recorded cash receipts were not deposited into the clerk’s account.
* As noted in previous NYPPL reports of such acts of such misconduct by a public official, there is a term for such breaches of the public trust, "jobbery." Mirriam-Webster defines jobbery as "the improper use of public office or conduct of public business for private gain".
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Since taking office in
2007, DiNapoli has committed to fighting public corruption and encourages the
public to help fight fraud and abuse. New Yorkers can report allegations of
fraud involving taxpayer money by calling the toll-free Fraud Hotline at
1-888-672-4555, by emailing a complaint
to investigations@osc.ny.gov or by mailing a complaint to: Office of
the State Comptroller, Division of Investigations, 8th Floor, 110 State St.,
Albany, NY 12236.