U.S. Attorney William J. Hochul, Jr. announced today that Robert Quintana, 50, of Buffalo, New York, was arrested
and charged by criminal complaint with mail fraud and health care
fraud. The charges carry a maximum penalty of 20 years in prison, a
$250,000 fine, or both.
Assistant U.S. Attorney John E. Rogowski, who is handling the case,
stated that on March 16, 2005, the defendant, a Buffalo police officer,
was placed on injured on duty (IOD) status by the city of Buffalo.
According to the complaint, Quintana was placed on IOD status for
alleged injuries to his lower back and buttocks after he slipped and
fell on icy steps while responding to a 911-call.
The complaint further states that on numerous occasions while
allegedly out of work due to this injury, the defendant was observed
working at a local restaurant. The observed work included the lifting of
supplies, cleaning tables, stocking, kneeling and bending, and chipping
ice. Nevertheless, during the course of an independent medical exam
requested by the city of Buffalo in January 2012, Quintana told doctors
he was unable to perform any work. The defendant remains on IOD status
to this date (seven years after his initial injury) and has resisted
efforts to have him return to work.
“It is the duty of all sworn police officers to uphold the law and the vast majority of officers
do just that each and every day,” said U.S. Attorney Hochul. “All
should also recognize that police work can be hazardous, and for that
reason, communities frequently pay for officers injured in the line of duty until such time as they can return to their posts.”
Hochul further stated that “by falsely claiming to be too injured to return to work, an officer
not just breaks the law, she or he hurts the credibility of those
legitimately injured in the line of duty. This type of lie also leaves
one less officer to patrol the streets of the city, requires working officers
to perform overtime duty and thereby increase their own risk of injury,
and drives up the cost of health care in these times of difficult
economic circumstances. This office can and will act when presented with
evidence of this type of fraud.”
“We, as members of law enforcement, are keenly aware of how dangerous it is to be a law enforcement officer,”
said Steven L. Lanser, FBI Acting Special Agent in Charge. “Every day
we see how the good, hardworking men and women in the Buffalo Police
Department out their lives and safety on the line. The injured on duty
program is in place to ensure members of the police department are
secure in knowing this benefit is available should they sustain a
serious injury while discharging their duties. Abuse of the IOD system
is an affront to the taxpayers of the city of Buffalo.”
The criminal complaint is the culmination of an investigation by
special agents of the Federal Bureau of Investigation, under the
direction of Special Agent in Charge Christopher M. Piehota, and the
Buffalo Police Department, under the direction of Commissioner Daniel
Derenda.
The fact that a defendant has been charged with a crime is merely an
accusation, and the defendant is presumed innocent until and unless
proven guilty.
Wednesday, May 09, 2012
Joe Arpaio Facing Justice Department Lawsuit Over Alleged Civil Rights Violations
Federal authorities said Wednesday that they plan to sue Arizona
sheriff Joe Arpaio and his office over allegations of civil rights
violations, including the racial profiling of Latinos.
The U.S. Justice Department has been seeking an agreement requiring Arpaio's office to train officers in how to make constitutional traffic stops, collect data on people arrested in traffic stops and reach out to Latinos to assure them that the department is there to also protect them.
Arpaio has denied the racial profiling allegations and has claimed that allowing a court monitor would mean that every policy decision would have to be cleared through an observer and would nullify his authority.
DOJ officials told a lawyer for Arpaio on April 3 that the lawman's refusal of a court-appointed monitor was a deal-breaker that would end settlement negotiations and result in a federal lawsuit.
The "notice of intent to file civil action" came Wednesday from Assistant U.S. Attorney General Thomas Perez in a letter to an Arpaio lawyer.
Perez, who heads the DOJ's civil rights division, noted that it's been more than 100 days since the sheriff's office received the DOJ's findings report and federal authorities haven't met with the Maricopa County Sheriff's Office counsel since Feb. 6 to discuss the terms of a consent agreement.
At a news conference Wednesday afternoon, Arpaio defended himself in the face of the pending lawsuit.
"If they sue, we'll go to court. And then we'll find out the real story," he said. "There's lots of miscommunication emanating from Washington. They broke off communications.
"They're telling me how to run my organization. I'd like to get this resolved, but I'm not going to give up my authority to the federal government. It's as simple as that," Arpaio added.
Last
December, the DOJ released a scathing report accusing Arpaio's office
of racially profiling Latinos, basing immigration enforcement on
racially charged citizen complaints and punishing Hispanic jail inmates
for speaking Spanish in Arizona's most populous county.
The DOJ also accused Arpaio of having a culture of disregard for basic constitutional rights.
The civil rights allegations have led some Arpaio critics to call for his resignation, including the National Council of La Raza, a prominent advocacy group for Latinos.
The sheriff's office also is facing criticism over more than 400 sex-crimes investigations – including dozens of alleged child molestations – that hadn't been investigated adequately or weren't examined at all over a three-year period ending in 2007.
Arpaio has apologized for the botched cases, reopened 432 sex-crimes investigations and made 19 arrests.
Separate from the civil rights probe, a federal grand jury has been investigating Arpaio's office on criminal abuse-of-power allegations since at least December 2009. That grand jury is examining the investigative work of the sheriff's anti-public corruption squad.
The self-proclaimed toughest sheriff in America has been a national political fixture who has built his reputation on jailing inmates in tents and dressing them in pink underwear, selling himself to voters as unceasingly tough on crime and pushing the bounds of how far local police can go to confront illegal immigration
The U.S. Justice Department has been seeking an agreement requiring Arpaio's office to train officers in how to make constitutional traffic stops, collect data on people arrested in traffic stops and reach out to Latinos to assure them that the department is there to also protect them.
Arpaio has denied the racial profiling allegations and has claimed that allowing a court monitor would mean that every policy decision would have to be cleared through an observer and would nullify his authority.
DOJ officials told a lawyer for Arpaio on April 3 that the lawman's refusal of a court-appointed monitor was a deal-breaker that would end settlement negotiations and result in a federal lawsuit.
The "notice of intent to file civil action" came Wednesday from Assistant U.S. Attorney General Thomas Perez in a letter to an Arpaio lawyer.
Perez, who heads the DOJ's civil rights division, noted that it's been more than 100 days since the sheriff's office received the DOJ's findings report and federal authorities haven't met with the Maricopa County Sheriff's Office counsel since Feb. 6 to discuss the terms of a consent agreement.
At a news conference Wednesday afternoon, Arpaio defended himself in the face of the pending lawsuit.
"If they sue, we'll go to court. And then we'll find out the real story," he said. "There's lots of miscommunication emanating from Washington. They broke off communications.
"They're telling me how to run my organization. I'd like to get this resolved, but I'm not going to give up my authority to the federal government. It's as simple as that," Arpaio added.
The DOJ also accused Arpaio of having a culture of disregard for basic constitutional rights.
The civil rights allegations have led some Arpaio critics to call for his resignation, including the National Council of La Raza, a prominent advocacy group for Latinos.
The sheriff's office also is facing criticism over more than 400 sex-crimes investigations – including dozens of alleged child molestations – that hadn't been investigated adequately or weren't examined at all over a three-year period ending in 2007.
Arpaio has apologized for the botched cases, reopened 432 sex-crimes investigations and made 19 arrests.
Separate from the civil rights probe, a federal grand jury has been investigating Arpaio's office on criminal abuse-of-power allegations since at least December 2009. That grand jury is examining the investigative work of the sheriff's anti-public corruption squad.
The self-proclaimed toughest sheriff in America has been a national political fixture who has built his reputation on jailing inmates in tents and dressing them in pink underwear, selling himself to voters as unceasingly tough on crime and pushing the bounds of how far local police can go to confront illegal immigration
Officer Rudolfo Zermeno Arrested for Assaulting Girlfriend
A Winston-Salem police officer was in jail this morning after being
charged with assault on a female, city police said in a news release.
Early yesterday morning, the police officer, Rudolfo Zermeno, 33, got in an argument with his girlfriend, Maria Fedelina Aguilar, police said, citing a complaint filed by the girlfriend later that day.
Zermeno slapped her face with an open hand and threw a TV remote control at her, hitting her elbow, police said.
Zermeno has been a Winston-Salem police officer for three years. He was placed on administrative leave, as is customary in this type of investigation, police said.
The department’s Criminal Investigations Division looked into the complaint and requested an arrest warrant, police said.
Zermeno was in the Forsyth County detention center on a $1000 secured bond.
In addition, Zermeno was ordered to have no contact with Aguilar.
Anyone with information about this incident may contact the Winston Salem Police Department at (336) 773-7700 or Crime Stoppers at (336) 727-2800.
Early yesterday morning, the police officer, Rudolfo Zermeno, 33, got in an argument with his girlfriend, Maria Fedelina Aguilar, police said, citing a complaint filed by the girlfriend later that day.
Zermeno slapped her face with an open hand and threw a TV remote control at her, hitting her elbow, police said.
Zermeno has been a Winston-Salem police officer for three years. He was placed on administrative leave, as is customary in this type of investigation, police said.
The department’s Criminal Investigations Division looked into the complaint and requested an arrest warrant, police said.
Zermeno was in the Forsyth County detention center on a $1000 secured bond.
In addition, Zermeno was ordered to have no contact with Aguilar.
Anyone with information about this incident may contact the Winston Salem Police Department at (336) 773-7700 or Crime Stoppers at (336) 727-2800.
Sheriff Deputy Andrew Field Arrested
A Bibb County Sheriff's Deputy assigned to the Detention Division was arrested Tuesday.
According to a press release from the Sheriff's Office, an internal investigation led to the arrest of 26 year old Andrew Glenn Field.
It says investigators arrested field for possession of drugs, crossing the guard line with drugs, and violating the oath of public office.
Field is currently being held in the Bibb County Law Enforcement Complex with a bond of $17,100.
Field has been placed on suspension with pay while the case is being investigated.
Tuesday, May 08, 2012
Officer Jonathan Romero Arrested for Domestic Violence
An Albuquerque police officer has been arrested on a domestic violence charge.
Jonathan Romero, 41, was arrested over the weekend on a misdemeanor charge of battery on a household member.
According to a criminal complaint, Romero was in an argument with his wife about their divorce at their Tijeras home. She later went to bed.
That's when the report states that Romero went into the bedroom and tried to forcefully take her wedding ring off her finger.
Romero has been released from jail.
Police say Romero is a 14-year veteran on the force.
Officer Danielle Scott Arrested for Obstructing an Officer
A probationary Milwaukee police officer was arrested on a state charge of obstructing an officer, the Milwaukee police department said.
Danielle Scott, 22, is accused of providing false information regarding a homicide investigation. The Milwaukee County District Attorney's Office is reviewing the case.
"I have lost confidence in her ability to serve on the Milwaukee Police Department and I have terminated her employment," Milwaukee Police Chief Edward Flynn said.
According to the Department, Scott served as a police aide before becoming a police officer in October and graduating from the police academy in March.
The Milwaukee County District Attorney's Office is reviewing the case against her.
Police sources told TODAY'S TMJ4 that officer is dating a man arrested for gunning down another man in a violent car jacking.
Russell Setum was shot to death and his mother was also shot. Sources say officer Scott was found at the suspect's home. No charges have been filed yet.
The two have a child together.
Meanwhile, police say Chief Flynn discharged sergeant Christopher Gull last week. According to police, "Gull displayed sexually explicit photos and made inappropriate comments to co-workers and subordinates while on duty."
Gull had 16 years of service with MPD and was a sergeant assigned to the Technical Communications Division.
Chief Flynn is expected to answer questions about the recent discharges of personnel Wednesday afternoon.
Officer Daniel Cruz Arrested for Aggravated DUI
A Rockford police officer was arrested Monday night on charges of
driving under the influence of alcohol and leaving the scene of a
two-vehicle accident that left a woman critically injured, Boone County
Sheriff’s officials said today.
Daniel A. Cruz, 37, of Machesney Park was arrested on charges of leaving the scene of a personal-injury accident, aggravated DUI, aggravated reckless driving, improper passing, driving in the wrong lane and operating a vehicle without proof of insurance.
The name and age of the critically injured woman and the names and conditions of three others in the same vehicle were not immediately available.
Cruz, a 13-year veteran of the department, reportedly was off-duty when the accident happened.
Witnesses said he was traveling south on Beloit Road in a gray 2010 Dodge Caravan when he entered the intersection of Town Hall Road, which is uphill, on a curve and in a no-passing zone. Cruz’s van struck a northbound vehicle, believed to be an Oldsmobile, containing four people.
According to the complaint filed in Boone County Court, Cruz left the scene of the accident by walking away. He was found a half mile from the scene, still walking.
According to the probable cause statement, Cruz admitted to consuming alcohol.
The officer described Cruz as having a “strong odor of alcoholic beverage on his breath, bloodshot-glassy eyes, unsteady on his feet and using the squad car for balance.”
Boone County State’s Attorney Michelle Courier said Cruz refused all chemical testing. A court order was eventually obtained. However, it was unknown how much time passed before the blood draw was made.
Cruz’s blood-alcohol content was not available.
Rockford police Chief Chet Epperson could not be reached today for comment.
Daniel A. Cruz, 37, of Machesney Park was arrested on charges of leaving the scene of a personal-injury accident, aggravated DUI, aggravated reckless driving, improper passing, driving in the wrong lane and operating a vehicle without proof of insurance.
The name and age of the critically injured woman and the names and conditions of three others in the same vehicle were not immediately available.
Cruz, a 13-year veteran of the department, reportedly was off-duty when the accident happened.
Witnesses said he was traveling south on Beloit Road in a gray 2010 Dodge Caravan when he entered the intersection of Town Hall Road, which is uphill, on a curve and in a no-passing zone. Cruz’s van struck a northbound vehicle, believed to be an Oldsmobile, containing four people.
According to the complaint filed in Boone County Court, Cruz left the scene of the accident by walking away. He was found a half mile from the scene, still walking.
According to the probable cause statement, Cruz admitted to consuming alcohol.
The officer described Cruz as having a “strong odor of alcoholic beverage on his breath, bloodshot-glassy eyes, unsteady on his feet and using the squad car for balance.”
Boone County State’s Attorney Michelle Courier said Cruz refused all chemical testing. A court order was eventually obtained. However, it was unknown how much time passed before the blood draw was made.
Cruz’s blood-alcohol content was not available.
Rockford police Chief Chet Epperson could not be reached today for comment.
Officer Brian foulks Arrested for Domestic Assault
The attorney for a Knoxville Police Department officer charged with
domestic assault disavowed Tuesday any notion of gunplay on the part of
his client in the incident.
KPD Officer Brian Foulks, 33, was arrested early Tuesday morning and jailed under traditional 12-hour "cool down" hold placed in cases of alleged domestic violence after an incident at the home of his estranged wife.
In a report on the incident, his estranged wife, Donna Foulks, told Knox County Sheriff's Office deputies that after a verbal altercation between the two at her Macmont Circle residence, he broke the screen on her laptop computer and grabbed a .38-caliber revolver from a dresser drawer and went into the bathroom with it.
"(She) said she thought she heard (him) unloading it in the bathroom before she ran out," the report states. As she was walking down the road, he followed her in his truck.
"(She) said (he) told her the gun was in the truck, but never pointed it in her direction nor said he would use it," the report states.
Attorney T. Scott Jones, who represents Officer Foulks, said his client came to the home he once shared with his 32-year-old estranged wife unarmed and in his private vehicle. He conceded the two argued but said Officer Foulks merely unloaded and disabled the gun to avoid any escalation of an already tense situation and in no way used the weapon as a threat.
"The gun was already there on a dresser," Jones said. "Once tensions escalated between he and his wife, he located the firearm, unloaded it and rendered it inoperable."
Jones said his client returned the unloaded gun to the dresser, where deputies later found it. The pair eventually wound up outside, where the argument resumed, the report stated.
Donna Foulks told deputies her husband later followed her back inside the house and, after yet another argument, broke her cellphone, knocked items off the kitchen counter and kicked a wooden dining room chair.
Donna Foulks ran to a neighbor's house and called deputies.
Jones said the incident spanned hours, and the arguments between the pair were intermittent. The couple separated in December. Officer Foulks, 33, filed for divorce last month but went to the couple's home in hopes of resolving their marital discord, Jones said.
According to Jones, Officer Foulks has been struggling with the stress of being a full-time student at Liberty University and working overtime at KPD to earn extra money.
"Officer Foulks knows there is no excuse for domestic violence," Jones said. "He's going to get counseling related to this unfortunate incident and to deal with the stress he has been under."
KPD has suspended Foulks' police powers and reassigned him to administrative duties pending an investigation by the internal affairs unit. He has been with KPD since 2006 and was the school resource officer for Central High School.
He is set to be arraigned May 15.
KPD Officer Brian Foulks, 33, was arrested early Tuesday morning and jailed under traditional 12-hour "cool down" hold placed in cases of alleged domestic violence after an incident at the home of his estranged wife.
In a report on the incident, his estranged wife, Donna Foulks, told Knox County Sheriff's Office deputies that after a verbal altercation between the two at her Macmont Circle residence, he broke the screen on her laptop computer and grabbed a .38-caliber revolver from a dresser drawer and went into the bathroom with it.
"(She) said she thought she heard (him) unloading it in the bathroom before she ran out," the report states. As she was walking down the road, he followed her in his truck.
"(She) said (he) told her the gun was in the truck, but never pointed it in her direction nor said he would use it," the report states.
Attorney T. Scott Jones, who represents Officer Foulks, said his client came to the home he once shared with his 32-year-old estranged wife unarmed and in his private vehicle. He conceded the two argued but said Officer Foulks merely unloaded and disabled the gun to avoid any escalation of an already tense situation and in no way used the weapon as a threat.
"The gun was already there on a dresser," Jones said. "Once tensions escalated between he and his wife, he located the firearm, unloaded it and rendered it inoperable."
Jones said his client returned the unloaded gun to the dresser, where deputies later found it. The pair eventually wound up outside, where the argument resumed, the report stated.
Donna Foulks told deputies her husband later followed her back inside the house and, after yet another argument, broke her cellphone, knocked items off the kitchen counter and kicked a wooden dining room chair.
Donna Foulks ran to a neighbor's house and called deputies.
Jones said the incident spanned hours, and the arguments between the pair were intermittent. The couple separated in December. Officer Foulks, 33, filed for divorce last month but went to the couple's home in hopes of resolving their marital discord, Jones said.
According to Jones, Officer Foulks has been struggling with the stress of being a full-time student at Liberty University and working overtime at KPD to earn extra money.
"Officer Foulks knows there is no excuse for domestic violence," Jones said. "He's going to get counseling related to this unfortunate incident and to deal with the stress he has been under."
KPD has suspended Foulks' police powers and reassigned him to administrative duties pending an investigation by the internal affairs unit. He has been with KPD since 2006 and was the school resource officer for Central High School.
He is set to be arraigned May 15.
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