BUFFALO, NY-- A Buffalo Police officer and former Buffalo
Common Councilmember has found himself on the wrong side of the law.
Federal prosecutors have filed charges against Robert
Quintana, who was arrested Wednesday morning.
The U.S. Attorney's office says Quintana is accused of
abusing sick leave and receiving benefits to which he was not entitled.
Investigators say Quintana, who was a Buffalo Police
officer, had been receiving full pay and benefits while being listed as
"injured on duty" (IOD) for an extended period of time.
Hochul says suspicions began when Quintana had claimed he
was hurt in 2005 while responding to a call and slipping on icy stairs, falling
down a flight of 15 steps, but that the stairs in question only had six steps.
He says Quintana was then observed on 11 occasions working
at a restaurant when he said he was unable to work, and worked without the
permission of the police commissioner.
"He was observed cleaning tables, carrying boxes of
food and drinks, in effect managing this business, and in effect, getting paid
for his work. It also appears that Mr. Quintana may not even have told his
doctors that he was working at his outside employment," Hochul said.
Quintana is charged with health care fraud and mail fraud.
"It's a sad day when you arrest a police officer, but
it's a good day when you get him off our force," said Buffalo Police
Commissioner Daniel Derenda.
Derenda said the city began reviewing the status of its
officers who were listed as "injured on duty" (which entitles them to
full pay and benefits even though they are off the job) when it realized the
percentage of those designated as such, was five times the national average for
similar sized cities.
"The mayor asked me to look into this because those
numbers seemed out of whack," Derenda said.
While the federal probe continues into other possible
cases of abuse, Derenda says the city has already taken steps to reduce the
number of officers listed as IOD.
He also credits a change in city policy, implemented less
than a year ago, with reducing those numbers.
In July, 2011, the job of monitoring IOD cases was removed
from the Department of Human Resources (where it had been for several years)
and placed into the hands of the police.
"We started with 123 officers on IOD status, seven of
whom were working light duty. In less than a year, we are now down to 63
officers on IOD status, with sixteen of them working light duty," said
Derenda, who noted the number will be reduced even further next month when
several officers who have been listed as IOD will retire from the force.
Derenda said the FBI was contacted by the city to
investigate suspect IOD cases, because it had the manpower and resources to
conduct a more thorough probe.
"Our internal affairs department is small," said
Derenda, who added that because the investigation required surveillance, it was
thought that those being monitored would more easily be able to identify those
watching them if they were undercover officers from the Buffalo police.
Hochul and FBI officials say the investigation continues,
and inferred others may be charged.
A source tells 2 On Your Side as many as seven other
police officers receiving pay and benefits while IOD might face charges, under
similar circumstances to Quintana's.
Hochul claims Quintana collected close to a half-million
dollars in pay and benefits he wasn't entitled to during his seven years of
being on IOD, but that the loss to taxpayers was even higher, when you factor
the income taxes he was not required to pay on the amount, and the overtime the
police department may have paid others to do the work Quintana would have had
he been on the job.
Incalculable, and perhaps worse, according to Hochul, is
the price that will be paid by all of law enforcement for Quintana's alleged
misdeeds.
"Law enforcement officers depend as much as anything
on their integrity and credibility...this calls the integrity of other officers
possibly into question, including other officers who may legitimately on IOD,
and who truly are no longer able to work," Hochul said.
Quintana was arraigned late Wednesday afternoon before
United States Magistrate Hugh Scott, where he entered a not guilty plea and was
released on his own recognizance.
Derenda said Quintana would be suspended without pay
immediately following his arraignment.