New York State Inspector General Lucy Lang announced the guilty plea of Charles Epps, a former New York State Correction Officer who collected over $35,000 in workers’ compensation indemnity benefits to which he was not entitled.
Epps, 56, of Buffalo, pleaded guilty yesterday in Erie County Court before Honorable Paul B. Wojtaszek to Insurance Fraud in the 3rd degree and Grand Larceny in the 3rd degree, both of which are class D felony charges under NYS Penal Law.
Prompted by a referral from the NYS Department of Corrections and Community Supervision (DOCCS), the Inspector General’s investigation established that on May 8, 2020, Epps claimed to have been injured while working at the Wende Correctional Facility in Alden, NY. He subsequently made a claim for workers’ compensation benefits and in July 2020 went out of work claiming a disability from the May injury. Epps received lost wage payments from DOCCS and the New York State Insurance Fund (NYSIF) from July 2020 to November 2022.
While he collected indemnity benefits, Epps completed NYSIF Work Activity Reports and Independent Medical Examination questionnaires which falsely represented a lack of work activity. The Inspector General’s investigation revealed, however, that Epps began working as a motor coach operator for New York Trailways during this time period and was regularly assigned to operate a roundtrip bus route between Buffalo and New York City.
As a result of his misrepresentations to NYSIF, Epps fraudulently obtained $35,544.67 in workers’ compensation benefits. Additionally, a related investigation by the Social Security Administration’s Office of the Inspector General (SSA OIG) uncovered that Epps also fraudulently collected $16,907.40 in Social Security Disability benefits through concealment of his employment as a bus driver.
Epps was terminated from DOCCS during the investigation.
“All New Yorkers should be outraged that DOCCS is facing a daily staffing crisis due in large part to abuses of the Workers’ Compensation system,” said Inspector General Lucy Lang. “That this correction officer was uniquely situated to understand the impact that his unjustified absence posed to the safety of staff and incarcerated individuals alike, but still prioritized his own self-interest is unconscionable.”
“In addition to pleading guilty yesterday, I am pleased to announce that this defendant has been ordered to pay back the money he stole from the taxpayers of New York,” said Erie County District Attorney John J. Flynn. “I would like to thank the New York State Inspector General’s Office and the Department of Corrections and Community Supervision for their work on this investigation and their partnership with my office. Together, we will continue to uncover the criminals who defraud the state systems that help the injured and disabled and hold them accountable for their crimes.”
Inspector General Lang thanked the members of her staff responsible for handling this important matter, including Investigator Erynn Migaj, Senior Investigator Maren Robinson-Traber, former investigator Mark LaMonte, and Investigative Counsel Jill Florkowski, under the supervision of Deputy Inspector General Jeffrey Hagen and Chief Investigator Martin Stanford.
Inspector General Lang also thanked the Social Security Administration Office of the Inspector General for their partnership on this case, the DOCCS Office of Special Investigations for their referral, and the New York State Insurance Fund for their cooperation. Lang also thanked Erie County District Attorney John J. Flynn and his office for their diligent work prosecuting this matter.
