Tuesday, November 12, 2019

DOI COMMISSIONER STATEMENT ON RESIGNATION OF CITY MARSHAL


 Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced today the resignation of City Marshal Vadim Barbarovich, Badge No. 8. The resignation, effective March 16, 2020, comes as part of a disciplinary stipulation following an investigation that began in 2018 after DOI received allegations that Barbarovich exceeded his judgment enforcement authority by serving levies outside of New York City, the jurisdictional boundary for all City Marshals. The disciplinary stipulation, which was received by DOI today, is attached to this release. 

 The rules regarding levies, and how Marshals may serve them, can be found on DOI’s website, in the NYC Marshals Handbook, Chapter II, Section I. City Marshals’ authority to serve executions against personal property, as well as all other mandates and processes, is limited to the geographical boundaries of the City of New York. Service on a corporation must be made according to the provisions of Section 311 of the New York Civil Practice Laws and Rules (“CPLR”); that is by personally serving, by hand, an officer or agent of the corporation.

 DOI’s investigation reviewed a sampling of Barbarovich’s cases between July 2017 and January 2018 and, during that review, DOI requested additional information from Barbarovich regarding dozens of levies he had served. Barbarovich provided a spreadsheet detailing some of the specifics. Through interviews, analysis of records, and surveillance recordings, among other investigative steps, DOI determined that Barbarovich misrepresented to DOI that he personally served 107 levies within New York City. In fact, DOII’s investigation found that Barbarovich’s official records contained proof of personal service on only 15 of those levies.

 DOI Commissioner Margaret Garnett said, “This resignation is an important step to ensuring that City Marshals operate in New York City with integrity, honesty, and a commitment to the rules and regulations. Marshals carry out important, sensitive functions that powerfully impact individuals’ livelihoods, and there is zero tolerance for any Marshal who intentionally obscures the facts or ignores the rules.”

 Barbarovich collected and disbursed approximately $157,880 on 11 out of the 92 levies examined by DOI, and he earned approximately $8,930 in total fees and poundage on those 11 levies. As part of the resignation, DOI demanded and received the $8,930 that Barbarovich earned for those 11 levies. Barbarovich did not collect on the remaining 81 levies.

 To ensure that open matters on Barbarovich’s docket are addressed properly, his business will have until the end of March 2020 to shut down fully; however, he will not accept any new cases or work as an associate for another City Marshal effective immediately.

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