Defendant Stole Over $170,000 for Hours He Did Not Actually Work
A criminal complaint was unsealed today in federal court in Brooklyn charging
New York City Department of Correction (DOC) officer James Internicola with federal program
fraud. Internicola was arrested this morning and his initial appearance is scheduled for this
afternoon before United States Magistrate Judge Marcia M. Henry.
Internicola has been a correction officer with the DOC since January 1996. In
2019, he began working at a warehouse at Rikers Island which manages supplies for the jail
facility, as well as facility garbage and recycling. Currently, Internicola is primarily responsible
for all recycling operations at Rikers Island.
Breon Peace, United States Attorney for the Eastern District of New York, James
Smith, Assistant Director-in-Charge, New York Field Office (FBI), and Jocelyn E. Strauber,
Commissioner, New York City Department of Investigation (DOI), announced the charges.
“As alleged, the defendant defrauded the people of New York City and the New
York City Department of Correction by claiming to work significant amounts of hours, including
overtime, that he did not actually work,” stated United States Attorney Peace. “Instead of being
at work, the defendant was often at home or even on vacation. Correction officers who steal tax
dollars by fraudulently obtaining compensation should take note of today’s arrest and know that
this Office is working with our law enforcement partners to root out corruption at Rikers Island.”
“Internicola’s alleged crime taints every law enforcement officer who takes an
oath to uphold the law," stated FBI Assistant Director-in-Charge Smith. “The FBI maintains a
zero-tolerance policy for individuals who commit fraud and steal from law abiding taxpayers.”
“This Correction Officer, as charged, stole over $171,000 from the City by falsely
claiming he was at work on Rikers Island, including for overtime hours, when in fact he was vacationing in Aruba and the Jersey Shore, or at home on Staten Island. His false timesheets
allegedly included 2,250 hours of time he did not work, a staggering figure. I thank the U.S.
Attorney’s Office for the Eastern District of New York for its commitment to protect City
resources – including salaries paid to City workers – from theft and abuse,” stated DOI
Commissioner Strauber.
According to the complaint, Internicola fraudulently obtained more than $171,000
in salary and overtime pay by lying about the hours he worked from at least July 2021 to January
2023. During this time period, Internicola claimed to work large amounts of overtime nearly
every week. In fact, based on license plate reader data, E-Z pass toll records and cell site
location information, Internicola frequently showed up to work more than two hours late and left
work several hours early. In many instances, Internicola claimed to be at work when he actually
never showed up to Rikers Island at all, including when he was at his home on Staten Island,
visiting the Jersey Shore or vacationing in Aruba. In total, Internicola claimed to have worked
more than 2,250 hours in a period of approximately 18 months and he fraudulently received the
equivalent of more than a year of his base salary.
The charges in the complaint are allegations, and the defendant is presumed
innocent unless and until proven guilty. If convicted, the defendant faces up to 10 years’
imprisonment.
