State Employee Charged With Larceny And Fraud In Connection With Theft Of Computers

Attorney General Spitzer and New York State Commissioner of Education Richard P. Mills today announced that a New York County grand jury has charged an employee of the Office of Vocational and Educational Services for Individuals with Disabilities (VESID) with larceny, fraud and falsifying business records in connection with the theft 33 state-owned laptop computers worth more than $40,000.

Defendant Kirk Smith, 32, of Manhattan is employed by VESID, an entity of the State Education Department, which provides rehabilitation and vocational services to individuals with disabilities. According to the indictment, Smith falsified business records to make unauthorized purchases of computer, and then resold the computers and kept the proceeds. The indictment followed an internal investigation by the State Education Department.

The defendant was arraigned today before the Hon James Yates in New York Supreme Court in Manhattan and entered a plea of not guilty.

"This defendant is alleged to have stolen monies that could have helped clients of VESID obtain gainful employment. Such theft of government funds and falsifying of government records cannot be tolerated," Spitzer said.

Commissioner Mills said, "Financial controls are integral to the success of an organization's work. When we discovered irregularities in VESID's vocational rehabilitation division last year, we immediately reported our findings. I'd like to thank Attorney General Spitzer for pursuing those findings so aggressively. While the vast majority of VESID employees act honorably, we will continue to strictly monitor and oversee spending in those offices."

The defendant is charged with Grand Larceny in the Third Degree, Defrauding the Government, Criminal Possession of Stolen Property, Tampering with Public Records in the First Degree, Falsifying Business Records in the First Degree, and Official Misconduct. If convicted, he faces up to seven years in prison.

The charges in today’s indictment are merely accusations and the defendant is presumed innocent until and unless proven guilty.

The case is being prosecuted by Assistant Attorneys General Stacy Aronowitz and Ronda Lustman, under the supervision of Carrie H. Cohen, Chief of the Public Integrity Unit, and Janet Cohn, Chief of the Criminal Prosecutions Bureau. Investigator Lawrence McDonald participated in the investigation.