Bradford Era reporters are working on these stories and more for Tuesday morning’s edition. The Limestone, N.Y., fire chief states that a matter of inadequate bookkeeping on the part of busy volunteer firefighters led to an unfavorable audit report by the office of New York State Comptroller Thomas P. DiNapoli. The audit report stated the Limestone Volunteer Fire Department, located in the town of Carrollton, had financial activities and fundraisers between Jan. 1, 2013 and April 30 that were not properly recorded and reported. The comptroller’s office, however, did not find any criminal wrongdoing on the part of the fire department which had disbursements during 2013 that totaled approximately $215,000. A recent press release issued by the state comptroller’s office listed key findings for the review of the fire department, referred to as the “company” in the report, and the Carrollton Joint Fire District board of directors. The audit states the organization did not develop and implement adequate internal controls over the company’s cash disbursement and receipt functions. The report further stated the auditor “found approximately $38,000 in unsupported disbursements that may not have been for appropriate company purposes.” The report further stated the “board did not cause the company’s financial records to be audited annually, and did not review bills or approve disbursements prior to payment.” In addition, the report said company officials did not maintain accurate records to show how much money was collected from the 2013 Dice Run, or the total net proceeds the company treasurer should have received. When contacted on Monday, Limestone fire chief Mike Soper said he was involved with the audit, which involved “the fire department itself, not the fire district.” He said the audit took place over a four or five month period and the auditor went through “every single piece of paper” in the department. “The bottom line is that just like any other fire department we’re short on manpower and a small number of people were trying to do everything,” Soper said. “So they don’t always have the best practices.” He said the auditor’s review of the 2013 Dice Run records found the department didn’t have notes or receipts from some of the cash disbursement activities, which in the end balanced out with no shortages. “That’s really what it was, it was a paperwork issue,” Soper explained. “The didn’t find anything about anybody misusing funds or stealing funds, and they didn’t accuse us of anything like that.” This was verified by Deputy Press Secretary Brian Butry, who said the audit was not referred to law enforcement agencies as there was no wrongdoing. Soper said the auditor instructed the fire department to have a better “paper trail” to ensure all procedures are conducted legally. Key recommendations by the state comptroller’s office include the following measures. 1. Monitor the company treasurer and require that monthly financial information be provided and investigate all transactions conducted by the club treasurer; 2. Ensure that the company treasurer’s financial records are audited annually; 3. Review and approve bills prior to payment and ensure that each bill has appropriate supporting documentation; and 4. Maintain detailed financial records for each fundraising event. Soper said the fire department has spoken with an accountant and its attorney and is taking corrective measures. “We had to send an official response to the comptroller’s office and the state, which we’ve done, “ Soper added. “And basically they’ve accepted that.” A federal judge has tossed out a request for dismissal of charges against convicted double murderer Thomas Haggie, saying he failed to present evidence that a miscarriage of justice took place in his case. Haggie, 35, formerly of Bradford, is serving two life sentences in state prison — currently at the State Correctional Institution at Fayette — for the 2009 murder of Megan Konopka, who was more than eight months pregnant, in a room at the Riddell House. Haggie and his co-defendant, Greggory Theobald, choked and stabbed her, causing her death, as well as the death of her unborn son. In the petition for habeas corpus filed in November 2013, Haggie had argued, among other things, that his counsel was ineffective, and that he allegedly was denied counsel when he was arrested in New York state after fleeing from Bradford after Konopka’s murder. In October, U.S. Magistrate Judge Susan Paradise Baxter issued a report and recommendations in the case, suggesting the petition be denied for numerous reasons. First, she explained, many of Haggie’s claims were barred because he pleaded guilty in the case. Second, others were not within the jurisdiction of a federal court because they were alleged violations of state law, according to court records. Third, she explained, Haggie failed to raise his claims in state court, and therefore has waived the right to pursue them. The judge explained that Haggie could raise the claims at the federal court level should be demonstrate a miscarriage of justice took place because of his actual innocence to the charges. However, that did not happen in this case, the records indicate. Therefore, Baxter recommended the petition be denied and the case closed. U.S. District Court Judge Nora Barry Fischer agreed, accepting Baxter’s recommendations and closing the case. Government attorneys are fighting an appeal filed by Sandra Ann Prechtel — the St. Marys woman convicted of mail fraud and tax evasion in the theft of more than one-million dollars from her employer — arguing Prechtel waived her appellate rights in accepting a plea deal that saw her sentence reduced. Prechtel, 51, pleaded guilty in 2012 to multiple federal counts stemming from her theft of $1.1 million from Abbott Furnace Company where she worked as a book-keeper, between 2002 and 2007, as well as her failure to pay $428,595 to the Internal Revenue Service (IRS). In May of 2013, she was sentenced to 51 months in federal prison and ordered to pay roughly $1.5 million in restitution. Nearly a year later, Prechtel filed a habeas corpus petition, or motion to set aside, vacate or correct her sentence. In it, she argues, among other points, that her legal representation was ineffective; the evidence against her insufficient; and that the sentence was unfairly influenced by a judge’s interpretation of the facts. Now, U.S. attorneys are responding to the claims with a swift rebuke, saying Prechtel has no right to contest her sentence after giving up those rights as part of the plea agreement process. Prechtel claims she failed to understand the details of that agreement and was left out of key decisions by her lawyer. Yet, the prosecution counters, “Ms. Prechtel acknowledged that she was in full agreement with all of the terms of the (plea) agreement.” As for Prechtel’s claims that her defense attorney failed to seek the best possible deal on her behalf, based on what she sees as a lack of evidence to support the charges, the prosecution offers, “Prior to pleading guilty, when the court asked Ms. Prechtel, “Are you satisfied with the work that (Defense Attorney Thomas Patton’s) done for you?”, she responded, “Yes.” The government says Prechtel additionally failed to support claims that Patton did not appropriately pursue a lower restitution amount than the $1.5 million settled on. The feds also say her claims that the amount was questionably calculated and never stipulated to by her are misplaced, as habeas corpus motions may not be used to argue many financial aspects of a sentence, including restitution. The prosecution is urging a federal judge to dismiss Prechtel’s motion, as well as her calls for an evidentiary hearing on the matter, citing previous court rejections of similar appeals filed under similar circumstances. Prechtel is nearly one-third of the way through a four-and-a-half year federal prison sentence and remains incarcerated in a Fort Worth, Texas prison awaiting a ruling on her motion. The motion itself came on the heels of a watershed Supreme Court decision in Alleyne v. United States, which changed the sentencing discretion of judges under federal statutes. Smethport Borough Council on Monday adopted the 2015 budget that amounts to $3,380,680 and carries no tax increase. In summary, .665 mills, or .0665 cents on each $100.00 of assessed valuation is designated as general revenue, while .325 mills, or .0325 cents of every $100.00 of assessed valuation is for fire protection and .10 mills, or .010 cents on each $100.00 of assessed valuation is for supporting the Hamlin Memorial Library. Taxpayers affected by this ordinance will be entitled to a two percent discount if they pay the entire amount within two months after the date of the tax notice. In another unanimous vote — two members were absent — council passed the resolution that retains the $5.00 per capita tax for all borough residents, ages 18 and older. For additional information on these stories and more, pick up a copy of Tuesday morning’s edition of The Era at newsstands across the region, or visit The Era’s website at bradfordera. Also check for updates on Facebook and Twitter.
Posted on: Tue, 02 Dec 2014 02:57:33 +0000
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