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September 15, 2020

Former Lake George Watershed Coalition Director sentenced to 8-24 years for stealing nearly $250,000 in state grant funds

On September 10, 2020, State Comptroller Thomas P. DiNapoli and Warren County District Attorney Jason Carusone announced that David Decker, former director of the Lake George Watershed Coalition,* was sentenced to 8-24 years in prison by the Warren County Court after a jury convicted him of 6 felonies, including grand larceny in the second degree, scheme to defraud in the first degree and four counts of offering a false instrument for filing in the first degree, related to his diversion of federal and state grant funds meant to improve the area surrounding Lake George.

The jury convicted Mr. Decker after hearing evidence that he was double billing two different grants for the same work, one from the Town of Queensbury and another from the U.S. Department of Agriculture, Forest Services, in the amount of $135,000. Additionally, evidence at the trial showed that Decker pocketed over $100,000 in state grant funds meant to reimburse subcontractors whom he never paid. While the victims went unpaid, bank records showed that Mr. Decker withdrew funds from the Watershed Operating account at the Saratoga Race Course, Foxwoods MGM, Harrah’s and Turning Stone casinos. The records also show that he paid his personal credit card bills as well as numerous other personal expenses and inappropriately transferred grant money to his personal investment funds.

Mr. Decker was also convicted of filing four false tax returns which failed to report income from funds diverted from the grant programs as well as a for-profit basketball league for children.

“Mr. Decker helped himself to hundreds of thousands of dollars meant to help his community,” said State Comptroller Thomas P. DiNapoli. “Thanks to my partnership with District Attorney Carusone, the Department of Taxation and Finance, and the Warren County Sherriff’s Department, Decker’s shameless exploitation of his position of trust was exposed and he has now been held accountable for his actions.”

“David Decker’s years of illegal conduct harmed local businesses, government entities and not for profit organizations,” said District Attorney Jason Carusone. “The jury’s verdict and the court’s sentence send a strong message to the defendant that his ongoing criminal activity will not be tolerated. I thank the exceptional work of assistant district attorney Ben Smith along with special assistant district attorney Christine Stevens who jointly prosecuted the case. I also wish to thank the Warren County Sheriff’s Office, the New York State Office of the State Comptroller, and the New York State Department of Taxation and Finance for their hard work through the course of a lengthy investigation and trial.”

“State grant funding is meant specifically for the betterment of local communities,” New York State Commissioner of Taxation and Finance Michael Schmidt said. “When that money is instead used for someone’s personal gain, they must be held accountable. We cannot stand by while the public trust is so blatantly violated. I commend the efforts of all partners involved in this case.”

* The Lake George Watershed Coalition is a consortium of municipalities and organizations surrounding Lake George including Warren County, the towns of Queensbury and Bolton and the village of Lake George, and was created in 2001 to preserve the beauty and health of Lake George by coordinating state and federal grant funds.

 

September 14, 2020

Reporting on-the-job misbehavior

A computer "application" - #NotMe - provides employers with a tool that permits employees to make timely submission of complaints of alleged supervisor or co-worker misconduct to personnel officers, human resource teams, compliance officers or designated individuals. Click on https://www.not-me.com/organizations for information concerning this program.

 

Workplace Harassment Webinar: Updates to the Law and Investigation Techniques

This complimentary webinar, Workplace Harassment: Updates to the Law and  Investigation Techniques, is scheduled for  Wednesday, September 23, 2020, 8:00 a.m. to 10:00 a.m. EST, and replaces the originally scheduled iteration of Harris Beach's in-person Labor Seminar Series. SHRM Credit is Available.
 
The presentation will include:
  • An overview of the federal and state laws prohibiting harassment in the workplace;
  • Recent legislative and case law developments impacting harassment claims;
  • Best practices in conducting workplace investigations.

Harris Beach participants:
  • Daniel Moore, Leader of the Labor and Employment Practice Group
  • Joshua Steele, Labor and Employment Practice Group
  • Taylor Ventre, Labor and Employment Practice Group
  • Lindsey Zullo, Labor and Employment Practice Group

To Register click on:

 
Questions may be submitted during the registration process. The webinar will be recorded in order to be available to those registering unable to participate in person. 
 
N.B. Harris Beach notes "This may be considered Attorney Advertising by the Rules of Professional Conduct."
 

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