Roofing Contractor Indicted By Sullivan County Grand Jury

Attorney General Spitzer today announced the indictment and arrest of a Binghamton-based roofing contractor on five counts alleging a financial scheme and theft in which other contractors and clients suffered collective losses in excess of $100,000.

The defendant, Edward V. Green, 59, of Binghamton, operates E. Green Restoration and Roofing, Inc. Green was arraigned March 12, 2003 before Judge Frank Labuda in Sullivan County Court. He was charged with: one count of Criminal Possession of a Forged Instrument in the Second Degree; one count of Forgery in the Second Degree; and two counts of Grand Larceny in the Third Degree, each is a class "D" felony with a maximum penalty of 2 1/3 to 7 years in state prison. Green is additionally charged with one count of Scheme to Defraud in the First Degree, a class "E" felony. A class "E" felony carries a maximum penalty of 1 1/3 to 4 years in state prison. The defendant entered a plea of not-guilty. Judge Labuda set bail at $130,000 cash or bond.

In December 2000, Green entered into an agreement for $166,872 with Yeshiva Gedolah Zirchon Moshe, a religious educational institution, located in South Fallsburg, to replace the roof on a structure the organization used jointly as classroom space and a dining hall. The agreement called for a series of payments as work advanced.

Under the agreement, Green received an initial payment from the yeshiva of $91,779 which was to be used by the roofing company to purchase building materials for the project. It is alleged that Green failed to purchase these materials. He requested a second payment of $41,000 after presenting yeshiva officials with a fabricated bank check from M & T bank for $87,640, claiming that it represented a partial payment to a materials supplier. The yeshiva provided two more payments, via check, based on his false and misleading statements.

It is further alleged that Green altered a check originally in the amount of $21,000, to be payable for more than $91,000. Green attempted to use this altered check to fraudulently secure a $50,000 short-term loan.

In addition to the allegations involving the yeshiva, it is also alleged that Green stole more than $25,000 from Daniel J. Maciak Construction, a project subcontractor. Maciak Construction provided all the labor for the job at the yeshiva, Green, however, failed to make payments to the company as required by the New York State Lien Law.

Green's next court appearance is scheduled for April 7.

The case is being prosecuted by Assistant Attorney General Christopher P. Borek of the Criminal Prosecutions Bureau. Investigators assigned to the case are: Michael Battisti of the New York State Attorney General's Office and Robert Lane of the New York State Police.

The charges against the defendant are merely allegations, and the defendant is presumed innocent until and unless proven guilty.