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STATE OF NEW YORK COUNTY OF RENSSELAER: TROY CITY COURT THE PEOPLE OF THE STATE OF NEW YORK

-against-

KEVIN ROGERS,

Defendant.

FELONY COMPLAINT Bridget Holohan Scally Assistant Attorney General Public Integrity Bureau (518) 776-2379

STATE OF NEW YORK) ss.: COUNTY OF RENSSELAER) I, Nicholas Georgeadis, an Investigator with the New York State Police (NYSP),

shield number 2501, being duly sworn, state that the defendant, Kevin Rogers, committed the

following crimes:

Grand Larceny in the Third Degree in violation of 155.35(1) of the Penal Law of the

State of New York, a class D felony, in that defendant Kevin Rogers, from in or about August

2006 through on or about July 20, 2011, in the City of Troy, County of Rensselaer, State of New

York, and elsewhere, wrongfully took, obtained and withheld money owned by the Sheriffs

Employees Association of Rensselaer County, Inc. (SERCO) for his own personal use, and the

total value of the property involved exceeded three thousand dollars ($3,000.00).

Grand Larceny in the Fourth Degree in violation of 155.30(1) of the Penal Law of

the State of New York, a class E felony, in that defendant Kevin Rogers, from on or about July

10, 2010, through on or about July 20, 2011, in the City of Troy, County of Rensselaer, State of

New York, and elsewhere, wrongfully took, obtained and withheld money owned by the

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Sheriffs Employees Association of Rensselaer County, Inc., for his own personal use, and the

total value of the property involved exceeded one thousand dollars ($1,000.00).

Forgery in the Second Degree in violation of 170.10(1) of the Penal Law of the State

of New York, a class D felony, in that the defendant, on or about July 20, 2011, in the City of

Troy, County of Rensselaer, State of New York, and elsewhere, with intent to defraud, and

deceive falsely altered a written instrument which was or purported to be, and which was

calculated to become, and to represent if completed, a commercial instrument. Specifically,

defendant intentionally altered check number 1056 issued from the bank account owned by the

Sheriffs Employees of Rensselaer County.

Criminal Possession of a Forged Instrument in the Second Degree in violation of

170.25 of the Penal Law of the State of New York, a class D felony, in that the defendant, on or

about July 20, 2011, in the City of Troy, County of Rensselaer, State of New York, and

elsewhere, with knowledge that it was forged and with intent to defraud, deceive, and injure

another, possessed a forged commercial instrument of the kind specified in Penal Law 170.10.

Specifically, defendant possessed altered check number 1056 issued from the bank account

owned by the Sheriffs Employees of Rensselaer County.

FACTUAL BASIS

1. This felony complaint is based upon information and belief, with the grounds for

my information and the source for my belief being the investigation conducted by the NYSP, the

Office of the Attorney General (OAG) and the United States Attorneys Office for the

Northern District of New York (USAO), my review of bank records maintained by HSBC

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Bank USA, NA (HSBC), and the State Employees Federal Credit Union (SEFCU), and my

interviews with witnesses whose identities are known to deponent, the OAG or the USAO.

These crimes were committed under the following circumstances:

2. The defendant is a correctional officer employed by the Rensselaer County

Sheriffs Department.

3. In or about November 2004, SERCO, a Not-for-Profit corporation organized

pursuant to the Not-for-Profit Corporation Law of the State of New York, was formed.

4. According to its constitution and by-laws, SERCOs primary purpose and

objective is to improve the terms and conditions of employment of all Members; to represent

such members in collective bargaining and grievance disputes; and to engage in such other

services and programs as from time to time [it] deems are in the best interests of the Members.

5. At all times relevant in this complaint, SERCOs officers and board members

were Mark Piche, President, Kevin Rogers (defendant), Vice President and Treasurer, and

Christopher Fumarola, Secretary.

6. As treasurer, the defendant was obligated to [c]ollect, receive and safely

maintain all dues and other income of the Association and [a]ct as custodian for all assets and

properties of the Association.

7. In or about November 2004, SERCO opened a checking account with HSBC

bank. Piche and the defendant were the only authorized signatories on the account.

8. In or about June 2006, HSBC issued debit cards associated with SERCOs

account to both Piche and the defendant, as the authorized account holders.

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9. In or about August 2006 continuing through December 2009, SERCO bank

records reflect debit transactions at various restaurants and gentlemens clubs throughout the

Capital District area.

10. I am informed by Witness Number 1, whose identity is known to me, that in or

about December 2009, Witness Number 1 saw the defendant use the SERCO debit card at a

restaurant.

11. I am informed by Witness Number 2, whose identity is known to me, that in or

about December 2009, that when Witness Number 1 informed Witness Number 2 that Witness

Number 1 saw the defendant using the SERCO debit card at a restaurant, Witness Number 2

reviewed SERCOs bank statements. Witness Number 2s review of those bank statements

revealed several debit transactions that Witness Number 2 did not believe were associated with

any SERCO business.

12. Witness Number 2 has reviewed all of SERCOs bank statements and identified

those transactions that involved SERCO business and those transactions that did not involve

SERCO business. The transactions that did not involve SERCO business totaled over $3,000.00.

13. I am informed by Witness Number 2 that on or about July 20, 2010, the defendant

suggested that SERCO make a $400.00 donation to a local boxer. In response to the defendants

request, Witness Number 2 provided the defendant with a signed, blank check numbered 1028

from SERCOs bank account.

14. A copy of check number 1028 reveals that check number 1028 was made out to

Pugnacious Promotions in the amount of $1,200.00.

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15. I have been informed by Witness Number 3, whose identity is known to me, that

in July 2010, Pugnacious Promotions was sponsoring a boxing event and that tickets for a ring

side table at the boxing event cost $1,2000.00.

16. I have been informed by SERCO Members that they were not invited to, did not

attend, and were unaware of any SERCO event being held at a boxing match in or around July

2010.

17. I have been informed by Witness Number 2 that on or about January 30, 2011, the

defendant suggested that SERCO make another donation to a local boxer. Witness Number 2

provided the defendant with check number 1056 drawn from SERCOs bank account made out

to Pugnacious Promotions in the amount of $400.00.

18. A copy of check number 1056 reflects that it has been altered. The 4 in $400 was

altered to a 6 and the spelled-out four in four hundred was altered to a six. SERCO bank records

reflect that check number 1056 was negotiated for $600.00.

19. I have been informed by Witness Number 3, that Pugnacious Promotions

sponsored an event on or about February 3, 2011, and that the price of tickets for a ring side table

to that event was $600.00.

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20. I have been informed by SERCO Members that they were not invited to, did not

attend, and were unaware of any SERCO event being held at a boxing match in or around

February 2011.

Notice: Any person who knowingly makes a false statement in a written instrument such

as this Felony Complaint and which such person does not believe to be true has committed a

crime under the laws of the State of New York punishable as a class A misdemeanor (Penal Law

210.45).

Dated: July __, 2015 Troy, NY ______________________________ Nicholas Georgeadis, Investigator New York State Police