Correction officer faces fraud counts

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November 18, 2009

<img src="/homepage/images_image_276103054" alt="">  Injured officer got Workers Comp while doing construction, according to AG

By DENISE RAYMO The Press Republican Wed Nov 18, 2009, 11:07 PM EST

MALONE — A Bare Hill Correctional Facility officer is charged with fraud for allegedly working while collecting more than $10,000 in workers-compensation benefits.

Martin Friess, 40, of Massena, an eight-year veteran of the State Department of Correctional Services, was charged with insurance fraud, false filings and fraudulent practices.

According to a news release from Attorney General Andrew Cuomo, Friess hurt his leg at work on May 20, 2008, and did not return to his correction job until June 3, 2009.

He received Workers Compensation payments by filing the proper paperwork with the New York State Insurance Fund office, claiming that he had not worked or received pay while he was off the job.

But an investigation by the insurance unit and Department of Corrections allegedly found Friess was being paid for construction work he performed.

"Defrauding the taxpayer-funded Workers Compensation fund is tantamount to stealing from every New Yorker," Cuomo said in the release.

He said the benefit "is supposed to help injured workers make ends meet, not line the pockets of those looking to cheat the system."

According to Department of Corrections spokeswoman Linda Foglia, Friess was hired by the agency in October 2001 and began work at Bare Hill in 2006.

His salary at the time of his arrest was $53,770.

If convicted, he could face up to seven years in state prison.

Foglia said the department has not taken any action against Friess.

But, typically, in a case where a prison employee is charged with a felony, state officials wait until criminal charges are settled before deciding about the person's position as a correction officer, she said.

But if employees are convicted of a felony, they lose their status as peace officers, Foglia said.

E-mail Denise A. Raymo at: draymo@pressrepublican.com