Georgia woman pleads guilty to stealing her deceased father's NY state pension checks

On August 16, 2023, New York State Comptroller Thomas P. DiNapoli, Albany County District Attorney David Soares and the New York State Police announced that Alayne Bertolino pleaded guilty to stealing more than $240,000 in New York state pension payments made to her deceased father.

“This case should serve as a warning to those who would try to defraud our state’s pension fund — you will be caught,” State Comptroller DiNapoli said. “My thanks to Albany County District Attorney David Soares and the New York State Police for their partnership with my office’s Division of Investigations. Working together we ensured the pension fund was protected, restitution was paid and justice was served.”

“The loss of a loved one is always a difficult emotional period, but it should never be used to profit from the hard work of taxpayers,” said Assistant District Attorney Erin Bates, who is handling the prosecution of this case. “We hope this resolution helps to restore trust in the justice system by sending a clear message: the law will hold anyone accountable for trying to exploit the system for financial gain. When applied properly, justice holds everyone accountable, regardless of their position.”

New York State Police Acting Superintendent Steven A. Nigrelli said, “I commend the diligent work of our State Police members, along with our partners at the State Comptroller’s Office and Albany District Attorney’s Office, for their hard work in putting an end to this fraudulent and dishonest act. Ms. Bertolino deplorably took advantage of her deceased father’s hard-earned pension to support her own selfish needs. Today’s guilty plea is proof that we will not tolerate the actions of those willing to defraud the New York state pension fund.”

The defendant’s father, Joseph Bertolino, was a detective with the Nassau County Police Department who retired in 1991. His pension checks were directly deposited into a joint account he held with his daughter, who lives in Georgia. When he passed away at age 69, on Jan. 24, 2014, his daughter sought to conceal his death from the state retirement system. Alayne Bertolino did not notify the retirement system of her father’s death and sent a change of address form in his name.

A total of 56 monthly deposits, totaling $246,272.32, were made into the jointly held bank account after Joseph Bertolino’s death. Alayne Bertolino used the money to assist in purchasing a $556,000 home and car.

Ms. Bertolino pleaded guilty to Grand Larceny in the Second Degree and was ordered to make restitution in the amount of $242,558.56 by Albany County Court Judge William T. Little.

 

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The Artificial Intelligence Power Paradox: An article posted on the Internet by Foreign Affairs Magazine

An article, Can States Learn to Govern Artificial Intelligence—Before It’s Too late? by Ian Bremmer and Mustafa Suleyman was posted on the Internet by Foreign Affairs Magazine on August 16, 2023, opining:

"As artificial intelligence technology continues to advance at a breakneck pace, it will only become better, cheaper, more ubiquitous, and more dangerous, write Ian Bremmer and Mustafa Suleyman in a new essay for Foreign Affairs. 'Its arrival marks a Big Bang moment, the beginning of a world-changing technological revolution that will remake politics, economies, and societies.'”

"This pace of change also makes AI more difficult to regulate.'Artificial intelligence does not just pose policy challenges; its hyper-evolutionary nature also makes solving those challenges progressively harder,' Bremmer and Suleyman argue. 'That is the AI power paradox.' And with policymakers already behind the curve, they warn, there is no time to waste in developing new regulatory frameworks: 'If governments do not catch up soon, it is possible they never will.'"

 Click HERE to access the article.

New York Governor Kathy Hochul releases first statewide cyber strategy

On August 15, 2023, GOVTECH CYBERSECURITY reported that New York Gov. Kathy Hochul Released First Statewide Cyber Strategy

The state’s plan addresses how current and anticipated initiatives support its larger goals of building resilience, preparedness and unification across cybersecurity efforts. The strategy takes a holistic approach across sectors. READ MORE .

In a defamation action seeking damages, courts distinguish facts from opinions

Plaintiff commenced this defamation action seeking damages for statements made by Defendant in a letter to the New York State Inspector General [IG] about Defendant's concerns that Plaintiff, as a member of the New York State Joint Commission on Public Ethics, and others, were disclosing confidential information to the media.

Defendant answered the complaint and asserted a counterclaim seeking to recover damages under the anti-strategic lawsuits against public participation statutes*. Plaintiff moved to dismiss Defendant's counterclaim, and Defendant moved, inter alia, to dismiss Plaintiff's complaint. Defendant appeals and Plaintiff cross-appeals from an order that denied both motions.

The Appellate Division agreed with Defendant that Supreme Court should have granted her motion insofar as it sought dismissal of the complaint pursuant to CPLR §3211(a), subdivisions (7) and (g) and modified Supreme Court's order accordingly. The court, noting that there "is no dispute that [Defendant] established on her motion that the action involves "public petition and participation", also concluded that Plaintiff, in opposition to the motion, "failed to demonstrate that the action has a substantial basis in law" inasmuch as Defendant's statements in question constitute nonactionable expressions of opinion.

The Appellate Division explained that  "In order for the challenged statements to be susceptible of a defamatory connotation, they must come within the well established categories of actionable communications" and falsity is a necessary element of a defamation cause of action as only "facts" are capable of being proven false. Accordingly, said the court, "it follows that only statements alleging facts can properly be the subject of a defamation action." Citing  Mann v Abel, 10 NY3d 271, [cert denied 555 US 1170], the Appellate Division said "whether a particular statement constitutes an opinion or an objective fact is a question of law".

Defendant's letter, said the court, constitutes "a statement of opinion ... accompanied by a recitation of the facts upon which it is based" and Defendant's allegations used phrases such as "appear to be" and "[t]o the extent that there is evidence," while setting forth the facts upon which such allegations were based.

Further, the Appellate Division noted the letter was addressed to the IG urging the commencement of an investigation and said that in reviewing the full context of the communication, "including its tone and purpose," it concluded that Defendant "set out the basis for [her] personal opinion, leaving it to the [IG] to evaluate it for [herself]", citing Brian v Richardson, 87 NY2d 46.

* See Civil Rights Law §§70-a and 76-a.

Click HERE to access the opinion of the Appellate Division posted on the Internet.