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Jul 23, 2022

Government Technology webinars you may have missed

Knowledge Management: UtahEmpowers IT teams to run faster, leaner and better

Knowledge management – processing, managing and analyzing information – is at the heart of everything government does. The key to improving services is to understand how to increase the speed and agility of your knowledge management processes and workflows. Join us for smart ideas on how your agency can improve knowledge management, empower your team to be more productive, and do it all on a faster, more efficient timeline.

Click here to Watch now

 

How Can Data Help Fight America's Continuing Opioid Crisis?

More than 100,000 Americans died from drug overdoses between May 2020 and April 2021 — the most ever recorded in a single year — according to the Centers for Disease Control and Prevention. Most of the deaths were due to opioids. Nearly every state in the country has seen a rise in these overdose deaths. One exception? New Jersey, which is using a data-based approach to bring health and human services officials together with law enforcement agencies in the fight against this deadly epidemic. Listen to Juan Colon, a longtime Major in the New Jersey State Police and now the National Director of Opioids and Illegal Drug Solutions with SAS, as he shares his story about how New Jersey and other jurisdictions have seen success in using data analytics to combat the opioid crisis.

Click here to Watch now

 

Mastering the Balance: Identity Verification for Digital Equality and Fraud Prevention

Jordan Burris is the former chief of staff for the White House Office of the Federal CIO. Linda Miller served as the Deputy Executive Director of the federal Pandemic Response Accountability Committee (PRAC) from 2020-2021, and she led the development of a new framework for managing fraud risks while at the Government Accountability Office. Each of these two leaders is a national expert in fraud, risk and identity - both of them joined us for this virtual panel to discuss their top strategies and best practices. This webcast offers practical, actionable ideas for your organization to ensure that the right people are receiving access to the vital government services they need.

Click here to Watch now

 

The Middle-Mile Broadband Infrastructure Program: How your organization can tap into billions of dollars in broadband funding

Listen to officials from the National Telecommunications and Information Administration (NTIA) and the Oregon Fiber Partnership explore unprecedented opportunities to strengthen digital equity — including new middle-mile resources included in the Infrastructure Investment and Jobs Act. You'll learn how jurisdictions are using federal funds to expand broadband connectivity.

Click here to Watch now

 

To view upcoming and on-demand webinars, click on webinars.govtech.com.

For assistance with registration, contact:
Jeremy Smith, jsmith@erepublic.com (916) 932-1402 direct

 

Jul 22, 2022

Three individuals alleged to have schemed to steal unclaimed funds from New York State arrested

Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law.*

New York State Comptroller Thomas P. DiNapoli, Damian Williams, the United States Attorney for the Southern District of New York and Daniel B. Brubaker, Postal Inspector in Charge, Postal Service Inspection Service, New York Division, announced the arrest of Bakare Doukoure, Sanneh Tunkara, and Lassana Sylla on mail fraud and identity theft charges arising out of their scheme to fraudulently obtain unclaimed funds held by the New York State Comptroller’s Office of Unclaimed Funds. Tunkara was arrested on July 19, 2022 and presented before the Hon. Andrew E. Krause, United States Magistrate Judge. Sylla surrendered upon learning of an outstanding arrest warrant and was presented before Judge Krause on July 20, 2022. On July 21, 2022, Doukoure also surrendered upon learning of an outstanding arrest warrant and was presented before Judge Krause.

New York State Comptroller Thomas P. DiNapoli said: “The defendants unconscionably stole people’s identities to submit claims for money that did not belong to them, stealing from those who had unclaimed funds held by the state. Thanks to the work of my investigations team, the United States Attorney’s Office for the Southern District of New York, the United States Postal Inspection Service and the New York City Housing Authority’s Office of Inspector General, they have been arrested and will be prosecuted to the full extent of the law.”** 

U.S. Attorney Damian Williams said: “As alleged in the Complaint, Bakare Doukoure, Sanneh Tunkara, and Lassana Sylla defrauded over 100 unsuspecting New York residents out of money to which they were entitled that was held in trust by the New York State Comptroller’s Office of Unclaimed Funds. My Office and our partners in law enforcement will not stand idly by when wrongdoers target government programs designed to protect the assets of the people of this State.”

USPIS Inspector-in-Charge of the New York Division Daniel B. Brubaker said: “The defendants thought no one was looking while they carried out their scheme to defraud the New York State Comptroller’s Office, and in an attempt to hide their crimes steal the identities of numerous victims. They gamed the system for over one hundred thousand dollars and tarnished the names of innocent people, all in the pursuit of their greed. However, Postal Inspectors and our law enforcement partners are ever vigilant when it comes to exposing fraudsters. We will commit every resource available to us in the fight against identity theft and fraud. Today’s arrests should also serve as a warning to anyone who uses the mail for illegal purposes: once Postal Inspectors are on the case, it’s game over for the bad guys.

According to the allegations in the Complaint filed yesterday and unsealed today:

New York State’s Abandoned Property Law requires banks and other financial institutions to transfer abandoned customer funds in their custody to the Office of Unclaimed Funds after a specified period of time. The Office of Unclaimed Funds maintains an online database in which anyone can search to see if the Office of Unclaimed Funds is holding any unclaimed funds in someone’s name.* The owner of the funds can recover the money from the Office of Unclaimed Funds by filing a claim and proving he or she is the rightful owner of the money by providing personal identifying information such as a Social Security number or an address.  New York State has approximately $17.5 billion in unclaimed money with more than 46 million account records remaining unclaimed. The Office of Unclaimed Funds returns over $1.5 million to individuals, companies, non-profit organizations, and municipalities daily.

An investigation by the State Comptroller’s Office initially discovered the identity theft and the fraud. State Comptroller investigators brought the matter to the federal authorities and worked jointly with the Postal Inspection Service and the United States Attorney’s Office to fully uncover the scheme.

From at least in or about June 2012 to in or about April 2018, Doukoure, Tunkara, and Sylla worked together in a fraudulent scheme in which they filed fraudulent claims with the Office of Unclaimed Funds for abandoned monies held in trust by the New York State Comptroller.  Bank records show that, during the relevant period, the Office of Unclaimed Funds issued approximately 170 checks made out to approximately 120 different payees that were deposited into approximately eight different bank accounts that were controlled by either Doukoure or Tunkara.

In connection with the scheme, bank accounts controlled by Doukoure and Tunkara were used to make purchases from online databases that collect public records on individuals, such as names, dates of birth, and addresses. Doukoure and Tunkara also used stolen identities to perpetrate their scheme, including fake driver’s licenses.

Doukoure, 54, of the Bronx, New York, has been charged with conspiracy to commit mail fraud, mail fraud, and two counts of aggravated identity theft, which carries a maximum sentence of 40 years in prison and a mandatory minimum sentence of 4 years in prison.  Tunkara, 38, of the Bronx, New York, has been charged with conspiracy to commit mail fraud, mail fraud and one count of aggravated identity theft, which carries a maximum sentence of 40 years in prison, and a mandatory minimum sentence of 2 years in prison.  Sylla, 47, of Philadelphia, Pennsylvania, has been charged with conspiracy to commit mail fraud and mail fraud, which carries a maximum sentence of 40 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding investigative work of Postal Inspectors with the United States Postal Inspection Service, Investigators with the Office of the New York State Comptroller, and Investigators with the New York City Housing Authority’s Office of Inspector General. 

* Interested individuals and organizations may determine if their name appears on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at: 1-800-221-9311 or visit Department of Audit and Controls' web site by clicking HERE. 

**N.B. The charges in the Complaint are merely accusations, and Doukoure, Tunkara and Sylla are presumed innocent unless and until proven guilty

 ###

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 filing a complaint online at https://www.osc.state.ny.us/investigations, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

Jul 21, 2022

The substantial evidence standard is used in administrative disciplinary hearings

In this appeal challenging an adverse disciplinary decision following an administrative hearing on the various allegations of misconduct and insubordination filed against the Petitioner pursuant to Civil Service Law §75, the Appellate Division found that the misconduct findings by the hearing officer were supported by substantial evidence.

Citing Matter of Wales v City of Saratoga Springs, 200 AD3d 1262, the court explained that substantial evidence is "a minimal standard that requires less than [a] preponderance of the evidence and demands only the existence of a rational basis in the record as a whole to support the findings upon which the determination is based."

Addressing the penalty imposed on the Petitioner, termination, the Appellate Division, considering Petitioner's nearly a 30-year career with the employer and her "positive personnel record," concluded that imposing the penalty of termination was not '"so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222.

Click HEREto access the text of the Appellate Division's decision.

 

Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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