ALBANY, NEW YORK – Former New York State Department of Labor (NYSDOL) employee Wendell Giles, age 52, of Albany, pled guilty today to mail fraud and aggravated identity theft charges. Show
The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG). As part of his guilty plea, Giles admitted that he and another former NYSDOL employee, Carl J. DiVeglia III, abused their state computer systems access to create and approve false unemployment insurance (UI) applications in 2020 and 2021, including applications for the federal Pandemic Unemployment Assistance (PUA) program. Giles recruited relatives, friends and friends-of-friends to submit false benefits applications over the phone to DiVeglia after Giles had instructed them to lie in response to eligibility questions. Giles and DiVeglia then took a share of the benefits paid by NYSDOL on the false claims. Giles used his share to enrich himself, including by purchasing a three-wheeled motorcycle. In text messages, DiVeglia suggested a vanity license plate for Giles’s new vehicle, “TY PUA,” which Giles understood to mean “Thank You Pandemic Unemployment Assistance.” Giles responded, “Lol.” Giles had been employed as a Senior Employment Security Clerk, and DiVeglia as a Labor Services Representative. Giles admitted responsibility for $826,530 in losses to pandemic-related UI benefits programs administered by the state. He has agreed to pay full restitution to NYSDOL. DiVeglia previously pled guilty to related charges and also agreed to pay restitution. The mail fraud conviction carries a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The aggravated identity theft conviction carries a mandatory term of 2 years in prison, to be imposed consecutively to any other term of imprisonment. Giles is scheduled to be sentenced on January 5, 2023 by Chief United States District Judge Glenn T. Suddaby. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. This case was investigated by the FBI and USDOL-OIG, with assistance from the NYSDOL Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorneys John T. Chisholm and Joshua R. Rosenthal. On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form. The following is a list of DOI Offices of Inspectors General:
Administration for Children's Services LAURA MILLENDORF - Inspector General back to top Department for the AgingELEONORA RIVKIN - Inspector General ANDREW SEIN - Inspector General back to top New York City Board of ElectionsELEONORA RIVKIN - Inspector General ANDREW SEIN - Inspector General back to top Board of Standards & AppealsGREGORY CHO - Inspector General back to top Department of BuildingsGREGORY CHO - Inspector
General back to top Buildings Special Investigation UnitGREGORY CHO - Inspector General back to top Business Integrity CommissionGREGORY CHO - Inspector General back to top Office of The Chief Medical ExaminerCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Department of City PlanningGREGORY CHO - Inspector General back to top City Planning CommissionGREGORY CHO - Inspector General back to top Department of Citywide Administrative ServicesANN PETTERSON - Inspector
General back to top Conflicts of Interest BoardARTURO SANCHEZ - Acting Inspector General back to top Department of Consumer AffairsCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Department of CorrectionBoard of Correction WHITNEY FERGUSON - Inspector General back to top Department of Cultural AffairsCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Department of Design & ConstructionJUVE S. HIPPOLYTE - Inspector General 180 Maiden Lane, New York, NY 10038 212-825-5935 back to top Economic Development CorporationANN PETTERSON - Inspector General back to top Emergency ManagementARTURO SANCHEZ - Acting Inspector General back to top New York City Employees' Retirement SystemANN PETTERSON - Inspector General back to top Department of Environmental Protection
180 Maiden Lane, New York, NY 10038 212-825-3333 back to top Department of Finance (DOF)ANN PETTERSON - Inspector General back to top Financial Information Services AgencyANN PETTERSON - Inspector General back to top Fire DepartmentFD / Bureau of Emergency Medical Services (EMS) ARTURO SANCHEZ - Acting Inspector General back to top NYC Health + HospitalsNEIL CLANCY - Inspector General back to top Department of Health & Mental HygieneCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Department of Homeless Services JOHN BELLANIE - Inspector General back to top New York City Housing AuthorityRALPH M. IANNUZZI - Inspector General back to top Housing Development CorporationGREGORY CHO - Inspector General back to top Housing Preservation and DevelopmentGREGORY CHO - Inspector
General back to top Human Resources Administration JOHN BELLANIE - Inspector General back to top Department of Information Technology and TelecommunicationsELEONORA RIVKIN - Inspector General ANDREW SEIN - Inspector General back to top Office of Labor RelationsCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Landmarks Preservation CommissionGREGORY
CHO - Inspector General back to top Lobby LawELEONORA RIVKIN - Inspector General ANDREW SEIN - Inspector General back to top Office of Management and BudgetCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Marshals BureauCAROLINE TANG-ALEJANDRO - Director back to top Not-For-Profit Vendor Fraud UnitELEONORA RIVKIN - Inspector
General ANDREW SEIN - Inspector General back to top Department of Parks and RecreationJUVE S. HIPPOLYTE – Inspector General
180 Maiden Lane, New York, NY 10038 212-825-3337 back to top Office of Payroll AdministrationANN PETTERSON - Inspector General back to top New York City Police DepartmentJEANENE BARRETT - Acting Inspector General Office of the Inspector General for the New York City Police Department back to top Department of ProbationWHITNEY FERGUSON - Inspector General back to top Public AdministratorsELEONORA RIVKIN - Inspector
General ANDREW SEIN - Inspector General back to top New York Public LibrariesANN PETTERSON - Inspector
General back to top Department of Records and Information ServicesANN PETTERSON - Inspector General back to top Department of SanitationARTURO SANCHEZ - Acting Inspector General back to top School Construction AuthorityFELICE SONTUPE -
Inspector General back to top Small Business ServicesGREGORY CHO - Inspector General back to top Tax Commission / Tax TribunalANN PETTERSON - Inspector General back to top Taxi & Limousine ComissionARTURO SANCHEZ - Acting
Inspector General back to top Department of TransportationJUVE S. HIPPOLYTE – Inspector General 180 Maiden Lane, New York, NY 10038 212-825-5895 back to top Department of Youth & Community DevelopmentELEONORA RIVKIN - Inspector General ANDREW SEIN - Inspector General back to top Division of Youth and Family JusticeLAURA MILLENDORF - Inspector General back to top Office of Collective BargainingCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Independent Budget OfficeANN PETTERSON - Inspector General back to top Civil Service CommissionCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top City University of New YorkCLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Universal Pre-Kindergarden (UPK)CLINTON DAGGAN - Inspector General 180 Maiden Lane, New York, N.Y. 10038 212-825-5904 Fax: 212-825-2506 back to top Vendor Integrity UnitCYNTHIA IRIZARRY - Inspector General back to top How do I contact DOL NY?Go to our website at dol.ny.gov/unemployment/ unemployment-insurance-assistance. Or call toll-free 888-209-8124 from 8 am to 5 pm, Monday through Friday. If you use a Video Relay System or another type of relay service, contact your relay operator and ask the relay operator to call 888-783-1370.
How do I speak to a representative at NYS unemployment?We can explain the Unemployment Insurance process in the language in which you are comfortable speaking. How do I contact an advocate for help? To reach the Claimant Advocate Office, please call (855) 528-5618. Our hours of operation are Monday - Friday, 9 a.m. to 4 p.m.
What do I do if someone filed for unemployment in my name?Contact your state unemployment office. ... . Do the same for multi-state claims. ... . Alert your employer. ... . File an identity theft report with the FTC. ... . File a police report. ... . Submit a complaint to the National Center for Disaster Fraud. ... . Place a fraud alert with Equifax, Experian, and TransUnion. ... . Freeze your credit.. Is NYS Department of Labor using DocuSign?The NYS Department of Labor (NYS DOL) is using DocuSign's secure digital signature technology for a number of different processes, including backdated certifications, overpayment waivers, and more.
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