DA VANCE ANNOUNCES INDICTMENT OF FORMER GENERAL COUNSEL OF NYS THRUWAY EMPLOYEES LOCAL 72 FOR STEALING MORE THAN $211,000

Kevin Clor Accused of Submitting 150 Bogus Receipts for CLE Classes, Legal Reference Materials

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictment of KEVIN CLOR, 40, for stealing more than $211,000 from the New York State Thruway Employees Local 72 (the “Union”) and for submitting forged receipts for reimbursement. CLOR was indicted on two counts of Grand Larceny in the Second Degree, 16 counts of Criminal Possession of a Forged Instrument in the Second Degree, and 16 counts of Falsifying Business Records in the First Degree.

“As general counsel of the New York State Thruway Employees union, the defendant had a duty to protect the rights and financial well-being of the union’s members,” said District Attorney Vance. “Instead of representing their best interests, he stands accused of violating their trust and used his position to enrich himself illegally.”

According to documents filed in court, from January 5, 2001, to April 21, 2011, CLOR worked as the General Counsel of the Union. Chartered by the International Brotherhood of Teamsters, the Union represents more than 2,500 full-time and part-time employees of the New York State Thruway Authority, including toll collectors, grounds workers, janitors, painters, and carpenters.

CLOR worked out of his home office in Buffalo, NY, and, among other things, was responsible for representing Union members at disciplinary proceedings, grievance proceedings with the New York State Thruway Authority, and arbitration hearings. CLOR was entitled to reimbursement for legitimate and necessary business expenses incurred on behalf of the Union and required travel. As a matter of course, CLOR was reimbursed for travel and lodging when he traveled to represent Union members in proceedings around the state, and for Continuing Legal Education (“CLE”) classes, and legal reference materials. In order to be reimbursed, CLOR was required to submit an expense report and original receipts to the Union’s office in Manhattan. Once the expense report was reviewed and approved, the Union would mail CLOR a reimbursement check.

Between January 2006 to in or about May 2011, CLOR is charged with stealing over $211,000 from the Union by submitting approximately 150 forged receipts to the Union for reimbursement. Based on these receipts, approximately $128,000 was paid to CLOR from the Union’s Welfare Fund, and approximately $84,000 was paid from the Union’s general account.

CLOR is accused of submitting for reimbursement numerous false receipts for CLE classes that he never attended or were never offered, legal materials that he never purchased, and UPS services he never used:

• CLOR claimed to have attended and paid for CLE classes, totaling $30,000, given by the International Foundation, an accredited CLE provider. In actuality, CLOR never attended or paid for the classes, and was not given CLE credit by the International Foundation.

• CLOR submitted receipts, totaling more than $48,000, for CLE classes allegedly given by the “Education Certification Department” of the New York State Department of Civil Service (“NYSDCS”) located in Albany. NYSDCS does not operate an “Education Certification Department” and the address listed on the receipts is not a valid NYSDCS address.

• CLOR claimed to have attended CLE classes, totaling more than $23,000, provided by the Nichols School. In fact, the Nichols School is a private middle and high school near CLOR’s home in Buffalo, and does not provide CLE classes. The only expenses CLOR appears to have paid for at the school was the rental of the school’s ice rink on two occasions.

• CLOR submitted receipts, totaling over $22,000, for numerous legal reference materials he claimed to have purchased from Thomson Reuters. The receipts, however, bear the wrong corporate name of the company and include the names of alleged salespeople who are not employees of Thomson Reuters. Additionally, some of the books CLOR claimed to have purchased were not published by Thomson Reuters.

• CLOR submitted forged UPS receipts, totaling over $37,000, for alleged copying and mailing services. The address listed on the receipts is not an actual UPS store location. Additionally, there are no records of the transactions listed on the forged receipts.

Assistant District Attorney José Fanjul is prosecuting this case, under the supervision of Special Prosecutions Bureau Chief Thomas Wornom and Deputy Bureau Chiefs Judy Salwen and Archana Rao. Trial Preparation Assistant Colleen MacPhee of the Special Prosecutions Bureau, and Financial Investigator Vincent Jones of the District Attorney’s Forensic Accounting and Financial Investigations Bureau assisted in the investigation. Investigators Eva Barriga of the District Attorney’s Investigations Bureau assisted in the arrest of the defendant, under the supervision of Senior Investigator Santiago Batista and Chief Investigator John Bilich.

[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

Defendant information:

KEVIN CLOR, D.O.B. 11/05/1971
Buffalo, NY

Charges:
• Grand Larceny in the Second Degree, a class C felony, 2 counts
• Criminal Possession of a Forged Instrument in the Second Degree, a class D felony, 16 counts
• Falsifying Business Records in the First Degree, a class E felony, 16 counts

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