FORMER GENERAL COUNSEL OF NYS THRUWAY EMPLOYEES LOCAL 72 SENTENCED TO TWO-AND-TWO-THIRDS-TO-EIGHT YEARS IN PRISON
Manhattan District Attorney Cyrus R. Vance, Jr., today announced the sentencing of KEVIN CLOR, 34, to two-and-two-thirds-to-eight years in prison for stealing approximately $184,000 from the New York State Thruway Employees Local 72 (the “Union”). On June 20, 2012, CLOR pleaded guilty to all 34 counts in the indictment: 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.
“This defendant grossly abused his position as a member of the bar and betrayed the trust of thousands of public employees,” said District Attorney Vance. “His conduct went well beyond violating codes of professional responsibility – he stole from his client, and I thank Justice Berkman for today’s just sentence.”
As admitted in his guilty plea, from January 5, 2001, to April 21, 2011, CLOR worked as the Union’s General Counsel. Chartered by the International Brotherhood of Teamsters, the Union represents more than 2,500 full-tim e 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, New York, 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. The defendant 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, the defendant 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.
From January 2006 to about May 2011, CLOR stole approximately $184,000 from the Union by submitting approximately 150 forged receipts for reimbursement. Based on these receipts, approximately $127,976 was paid to the defendant from the Union’s Welfare Fund, and approximately $56,004 was paid from the Union’s general account.
Among the false receipts that CLOR submitted for reimbursement were several for CLE classes that he never attended or were never offered, and legal materials that he never purchased, including:
$30,000 in CLE classes given by the International Foundation, an accredited CLE provider. In fact, CLOR never attended or paid for the classes, and was not given CLE credit by the International Foundation.
More than $48,000 in 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.
More than $23,000 in CLE classes 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 that CLOR appears to have paid for at the school was the rental of the school’s ice rink on two occasions.
$33,915 in CLE classes given by L.R.P. Publications, Inc. In fact, CLOR never attended or paid for any of the classes, and was not given CLE credit by L.R.P. Publications, Inc.
More than $22,000 for numerous legal reference materials that the defendant 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.
More than $9,514 in receipts for numerous legal reference materials and CLE classes provided by Lorman Education Service. In fact, CLOR never attended or paid for the CLE classes, and Lorman Education Service never mailed CLOR any reference materials.
Assistant District Attorney José Fanjul handled the prosecution of 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 Office’s Forensic Accounting and Financial Investigations Bureau assisted in the investigation.
District Attorney Vance thanked Associate Attorney Jeffrey M. Braude of the New York State Department of Civil Service's Office of Counsel and Deputy Director Samuel Younger of the New York State Office of Court Administration's Division of Administrative Services.
Defendant information:
KEVIN CLOR, D.O.B. 11/05/1971
Buffalo, NY
Convicted:
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
Sentenced:
2 2/3 to 8 years in prison
“This defendant grossly abused his position as a member of the bar and betrayed the trust of thousands of public employees,” said District Attorney Vance. “His conduct went well beyond violating codes of professional responsibility – he stole from his client, and I thank Justice Berkman for today’s just sentence.”
As admitted in his guilty plea, from January 5, 2001, to April 21, 2011, CLOR worked as the Union’s General Counsel. Chartered by the International Brotherhood of Teamsters, the Union represents more than 2,500 full-tim e 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, New York, 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. The defendant 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, the defendant 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.
From January 2006 to about May 2011, CLOR stole approximately $184,000 from the Union by submitting approximately 150 forged receipts for reimbursement. Based on these receipts, approximately $127,976 was paid to the defendant from the Union’s Welfare Fund, and approximately $56,004 was paid from the Union’s general account.
Among the false receipts that CLOR submitted for reimbursement were several for CLE classes that he never attended or were never offered, and legal materials that he never purchased, including:
$30,000 in CLE classes given by the International Foundation, an accredited CLE provider. In fact, CLOR never attended or paid for the classes, and was not given CLE credit by the International Foundation.
More than $48,000 in 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.
More than $23,000 in CLE classes 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 that CLOR appears to have paid for at the school was the rental of the school’s ice rink on two occasions.
$33,915 in CLE classes given by L.R.P. Publications, Inc. In fact, CLOR never attended or paid for any of the classes, and was not given CLE credit by L.R.P. Publications, Inc.
More than $22,000 for numerous legal reference materials that the defendant 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.
More than $9,514 in receipts for numerous legal reference materials and CLE classes provided by Lorman Education Service. In fact, CLOR never attended or paid for the CLE classes, and Lorman Education Service never mailed CLOR any reference materials.
Assistant District Attorney José Fanjul handled the prosecution of 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 Office’s Forensic Accounting and Financial Investigations Bureau assisted in the investigation.
District Attorney Vance thanked Associate Attorney Jeffrey M. Braude of the New York State Department of Civil Service's Office of Counsel and Deputy Director Samuel Younger of the New York State Office of Court Administration's Division of Administrative Services.
Defendant information:
KEVIN CLOR, D.O.B. 11/05/1971
Buffalo, NY
Convicted:
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
Sentenced:
2 2/3 to 8 years in prison
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