BUFFALO—U.S. Attorney William J. Hochul,
Jr. announced today that Robert Quintana, 50, of Buffalo, New York, was
arrested and charged by criminal complaint with mail fraud and health care
fraud. The charges carry a maximum penalty of 20 years in prison, a $250,000
fine, or both.
Assistant U.S. Attorney John E.
Rogowski, who is handling the case, stated that on March 16, 2005, the
defendant, a Buffalo police officer, was placed on injured on duty (IOD) status
by the city of Buffalo. According to the complaint, Quintana was placed on IOD
status for alleged injuries to his lower back and buttocks after he slipped and
fell on icy steps while responding to a 911-call.
The complaint further states that on
numerous occasions while allegedly out of work due to this injury, the
defendant was observed working at a local restaurant. The observed work
included the lifting of supplies, cleaning tables, stocking, kneeling and
bending, and chipping ice. Nevertheless, during the course of an independent
medical exam requested by the city of Buffalo in January 2012, Quintana told
doctors he was unable to perform any work. The defendant remains on IOD status
to this date (seven years after his initial injury) and has resisted efforts to
have him return to work.
“It is the duty of all sworn police
officers to uphold the law and the vast majority of officers do just that each
and every day,” said U.S. Attorney Hochul. “All should also recognize that
police work can be hazardous, and for that reason, communities frequently pay
for officers injured in the line of duty until such time as they can return to
their posts.”
Hochul further stated that “by falsely
claiming to be too injured to return to work, an officer not just breaks the
law, she or he hurts the credibility of those legitimately injured in the line
of duty. This type of lie also leaves one less officer to patrol the streets of
the city, requires working officers to perform overtime duty and thereby
increase their own risk of injury, and drives up the cost of health care in
these times of difficult economic circumstances. This office can and will act
when presented with evidence of this type of fraud.”
“We, as members of law enforcement, are
keenly aware of how dangerous it is to be a law enforcement officer,” said
Steven L. Lanser, FBI Acting Special Agent in Charge. “Every day we see how the
good, hardworking men and women in the Buffalo Police Department out their
lives and safety on the line. The injured on duty program is in place to ensure
members of the police department are secure in knowing this benefit is
available should they sustain a serious injury while discharging their duties.
Abuse of the IOD system is an affront to the taxpayers of the city of Buffalo.”
The criminal complaint is the
culmination of an investigation by special agents of the Federal Bureau of
Investigation, under the direction of Special Agent in Charge Christopher M.
Piehota, and the Buffalo Police Department, under the direction of Commissioner
Daniel Derenda.
The fact that a defendant has been
charged with a crime is merely an accusation, and the defendant is presumed
innocent until and unless proven guilty.
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