Sunday, April 7, 2019

DOI ARRESTS LICENSED FILING REPRESENTATIVE ON CHARGES OF SUBMITTING FORGED DOCUMENTS TO THE CITY BUILDINGS DEPARTMENT IN CONNECTION WITH DOZENS OF CONSTRUCTION PROJECTS


  Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced today the arrest of a Licensed Filing Representative on charges of forging the credentials of a Professional Engineer on documents filed with the City Department of Buildings (“DOB”). The forgeries made it appear that the Professional Engineer prepared the submitted documents when, in fact, the Professional Engineer did not authorize the use of his stamp for those documents. DOI’s investigation began on a tip that the defendant was submitting forged documentation to the City. The office of Queens County District Attorney Richard A. Brown is prosecuting the case.

 EVELYN DELLUTRI, 55, of Forest Hills, N.Y., was arrested and charged today with multiple counts of Forgery in the Second Degree, a class D felony; Perjury in the Second Degree, Offering a False Instrument for Filing in the First Degree and Falsifying Business Records in the First Degree, class E felonies; and Criminal Possession of Stolen Property in the Fifth Degree and Conspiracy in the Fifth Degree, class A misdemeanors. Upon conviction, a class D felony is punishable by up to seven years in prison; a class E felony is punishable by up to four years in prison; and a class A misdemeanor is punishable by up to a year’s incarceration.

 DOI Commissioner Margaret Garnett said, “In allegedly forging the credentials of a professional engineer, this defendant potentially compromised the integrity of commercial construction projects and attempted to circumvent a process meant to keep City construction safe, according to the charges. These actions led to plans being submitted with missing drawings and other problems that could have posed risks to the reliability of the construction work. DOI thanks the Queens District Attorney’s Office for their partnership in ensuring the safety of construction in New York City is protected.”

  Chief Assistant District Attorney John M. Ryan said, "The defendant in this case is accused of using a professional stamp in a fraudulent manner, sidestepping procedures and a key safety feature. These professional stamps are a key component in verifying that a competent, licensed professional has certified that construction plans are in compliance with applicable City code and rules. This kind of malfeasance will not be tolerated."

  According to the criminal complaint and DOI’s investigation, between November 2014 and August 2015, the defendant submitted a variety of documents to DOB, which were necessary for construction in Queens, including a PW-1 or Plan/Work Application, which is an application for a DOB construction permit, construction plans submitted as part of that PW-1, and a TR-1, or Technical Report Statement of Responsibility, which are the results of the engineer’s inspection of the completed construction. Approximately 70 of these forged documents were submitted to DOB in connection with commercial construction; and which fraudulently bore the stamp of a Professional Engineer who had not authorized his stamp to be used on those documents. On some of the filings, “Evelsons Consultant, Inc.” is listed as the Professional Engineer’s business name; however, the Professional Engineer stated that he has never done business under that name. DOB records connect Evelsons Consultant, Inc. with the defendant. The investigation resulted in the recovery of the Professional Engineer’s stamp in the defendant’s residence.

  DOI requested that DOB conduct an audit of these jobs and as a result of that audit six Notice of Objections were uncovered raising the following issues: missing items from the drawings, the need for cost estimates for proposed work to be verified, the need for a new Certificate of Occupancy and approved plans, and a sprinkler head did not match the drawings. These projects were put on hold and remain pending.

 The investigation was conducted by DOI’s Office of the Inspector General for the Department of Buildings, specifically, Senior Investigator Jeanette Torres, under the supervision of First Deputy Inspector General Kim Ryan-Flores, Inspector General Gregory Cho, Associate Commissioner Jay Flaherty, Deputy Commissioner / Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel Cort.

  A criminal complaint is an accusation. A defendant is presumed innocent until proven guilty.

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