Bronx district attorney, Darcel D. Clark announced on Nov. 19 that a Bronx man has been charged with grand larceny (theft), insurance fraud, and additional charges for falsely claiming he was fully disabled and unable to work at his State job so that he could collect more than $35,000 in worker’s compensation.

 

Clark said, “The defendant allegedly continued working an increased number of hours at his second job while collecting compensation for being unable to work for the State. He took advantage of a system in place that helps New Yorkers who truly need it, and now he will be held accountable.”

 

She said the defendant, James Garner, 49, from the Soundview section of the Bronx, was arraigned on Nov. 19 before Bronx supreme court justice, Efrain Alvarado, on third-degree grand larceny, third-degree insurance fraud, penalty for fraudulent practice, five counts of first-degree falsifying business records, five counts of second-degree falsifying business records, five counts of first-degree offering a false instrument for filing, and first-degree perjury.

 

According to the investigation, between July 19, 2019 and July 31, 2020, Garner allegedly defrauded New York State of workers’ compensation benefits of more than $35,000. Garner was a full-time employee at the Office of Mental Health (OMH) at the New York City Children’s Center, working as a mental health therapy aide. He was injured on the job in 2019. For about a year, he said he was fully disabled and swore under oath he was not working. The investigation found he was able to work and was working increased hours at his part-time job.

 

The case is being prosecuted by assistant district attorney, Edward Siclari of the public integrity bureau, under the supervision of Ilya Kharkover, deputy bureau chief of the public integrity bureau; Omer Wiczyk, chief of the public integrity bureau, under the overall supervision of Denise Kodjo, deputy chief of the investigations division, and Wanda Perez-Maldonado, chief of the investigations division.

 

Clark thanked assistant district attorney, Mariah Genis, of the economic crimes bureau, Bronx district attorney detective investigators, Benjamin Ahmadi, Salina Webson and Randy Scarpinato, as well as senior detective investigator, John Reilly, Lieutenant Vincent Cantarella; and trial preparation assistant, Nathanielle Severe, of the public integrity bureau.

 

The case was investigated along with Jaclyn Belson and Mario Rubino at the Offices of the New York State Inspector General, and OMH assistant director of internal affairs, Kevin Honikel.

 

A person charged with a crime is innocent unless and until convicted in a court of law.

 

The defendant is due back in court on Feb. 22, 2022.