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Former State Employee From Capital District Pleads Guilty To Unemployment Insurance Fraud

A former employee at the New York State Department of Labor has admitted to using his position to commit unemployment insurance fraud.

A former employee at the New York State Department of Labor has admitted to using his position to commit unemployment insurance fraud.

A former employee at the New York State Department of Labor has admitted to using his position to commit unemployment insurance fraud.

Photo Credit: Blogging Guide on Unsplash

Albany resident Wendell Giles, age 52, pleaded guilty to mail fraud and aggravated identity theft Thursday, Aug. 25, in federal court in Albany.

Prosecutors had alleged that Giles conspired with another NYSDOL worker, Carl DiVeglia, to fraudulently obtain unemployment insurance benefits, including federally funded pandemic relief benefits.

Together, they submitted fake unemployment insurance applications using the names of other people, and then abused their access to NYSDOL computer systems to release benefits payments.

Giles and DiVeglia each took a share of the benefits, with Giles using his money to buy a three-wheeled motorcycle, prosecutors claimed.

In a text message sent to Giles, DiVeglia suggested a vanity license plate for Giles’ new vehicle that read, “TY PUA,” which prosecutors said meant, “thank you pandemic unemployment assistance.”

Giles responded with a simple, “LOL.”

At the time of their scheme, Giles worked as a senior employment security clerk. DiVeglia worked as a labor services representative.

DiVeglia has already pleaded guilty to mail fraud and aggravated identity theft. In doing so, he admitted responsibility for over $1.6 million in losses to NYSDOL and to personally receiving nearly $225,000 in fraud proceeds.

Giles admitted responsibility for $826,530 in losses to pandemic-related unemployment insurance benefits programs administered by the state. He has agreed to pay full restitution to NYSDOL.

He faces up to 20 years in federal prison on the mail fraud conviction and a mandatory two-year sentence for aggravated identity theft. He could also be fined up to $250,000.

Sentencing is scheduled for Wednesday, Jan. 25, 2023. 

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