Five former N.Y. commissioners strike deal to repay the more than $50G misspent for personal expenses
By Erik German and Alfonso A. Castillo
Newsday
Copyright 2007 Newsday, Inc.
SELDEN, N.Y. — Five former Selden fire commissioners facing felony charges that they stole more than $50,000 in taxpayer funds struck a plea deal yesterday with Suffolk District Attorney Thomas Spota.
The Selden five pleaded guilty in a Riverhead courtroom to misdemeanor larceny charges and will repay the fire district, said Spota spokesman Robert Clifford.
They will spend no time behind bars, he said.
Robert Santora, Joseph Callari, Jack Emr, James Spatafora and Joseph Parente acknowledged to Acting Supreme Court Justice James Hudson that they misused district money for personal expenses while attending out-of-state conferences.
During questioning by prosecutor Laura Newcombe, the defendants all admitted to taking money given to them to spend on their meals and lodging at conferences and using it to buy meals and alcoholic beverages for others. Emr admitted spending the money at “entertainment facilities.”
All five men also admitted lying on expense vouchers filed with the district, including by claiming they paid for transportation to and from the airport, when they did not.
“I think the punishment basically fits what they’ve been charged with,” said Keith O’Halloran, the Garden City attorney representing the five. “These five people would like to put this behind them.”
The fire district has agreed to spend a portion of the repaid money on an independent accountant to review conference spending receipts yearly. Prosecutors approved the firm, whose name was not available yesterday. “They have no ties to anyone in the district,” said attorney Raymond Perini, who represents the fire district.
A Nov. 1 Newsday story disclosed that the commissioners accounted poorly for hundreds of thousands of taxpayer dollars spent at conferences in Las Vegas, Orlando, Fla., and other cities over the last decade. Commissioners acknowledged routinely writing receipts on business cards, a practice the state comptroller discourages, and improperly spending portions of their food allowance on alcohol.
On March 20, authorities arrested and charged the five with stealing a total of $52,600 in district funds and lying about it on false receipts submitted after out-of-state conferences. They were accused of using district funds for excessive travel spending, including extravagant dinners, amusement park admission tickets and alcohol.
The grand larceny count originally faced by the Selden officials carried a prison term of up to 2 2/3 to 7 years for each and the false filing charges carried a penalty of up to 1 1/3 to 4 years.
One member of the Selden department called the deal too lenient. “I’m disappointed,” said Salvatore Isabella, a three-decade volunteer. “They got a slap on the wrist over this whole thing.” But Assistant District Attorney Christopher McPartland said the punishment was appropriate for public servants guilty of abusing their privileges.
Plans for payback
Five former Selden Fire District commissioners pleaded guilty to misdemeanor larceny charges. Here are the amounts each admitted stealing and agreed to pay back:
Robert Santora, 65, Selden $23,000
James Spatafora, 46, Selden $11,000
Joseph Parente, 65, Selden $5,100
Joseph Callari, 67, Selden $4,500
Jack Emr, 69, Coram $4,500*
*Charged with stealing $9,000; figure reduced by prosecutors after a review of evidence.
Charges in other districts
The following officials and members of fire and ambulance districts were arrested and charged with grand larceny the same day as the Selden ex-fire commissioners:
TERRI GAINES, 55
Former secretary/treasurer of the Montauk Fire District.
Charged with grand larceny in the second degree for allegedly stealing more than $500,000 from the district. If convicted, she faces 5 to 15 years in prison. Her attorney could not be reached for comment.
MICHAEL KONSEVITCH, 41
Former member of the Terryville Fire Department and president and chairman of the carnival committee.
Charged with grand larceny for allegedly stealing $5,200 from the department carnival account. His attorney, James McElhone, said he is negotiating with prosecutors and expects to reach a plea deal later this summer in which his client will pay back the money and not serve any jail time.
ALAN CRANE, 58
President of the East Moriches Community Ambulance.
Charged with grand larceny and offering a false instrument for filing for allegedly stealing $6,500 from the district and spending it on items including a guitar and pork chops. His attorney, Charles Rosen, declined to comment. His next court appearance is scheduled for Aug. 10.