Cuomo Secures Guilty Pleas In "man Cave" Case

ALBANY, NY (November 12, 2009) – Attorney General Andrew M. Cuomo today announced that two Office of General Services (OGS) employees have pled guilty to using a storage area in Albany’s East Parking Garage for several months as a “man cave,” where they were charged with using and dealing marijuana and cocaine, sleeping, and watching television instead of performing their duties.

“These state employees shirked their duties to the state while partying on the public dollar.  With these guilty pleas, their party is officially over,” said Attorney General Cuomo.  “This office will continue to fight corruption and abuse at the taxpayers’ expense in all of its forms.”

New York State Inspector General Joseph Fisch said, “The flagrant abuses committed by these state employees were an affront to all taxpayers.  Now they are paying the price.  I applaud Attorney General Andrew Cuomo for securing a just end to this case.”

Gary A. Pivoda, 48, of Glennon Road in Latham, pled guilty to the felonies of Defrauding the Government and Grand Larceny in the Third Degree.  His plea arrangement includes one year in Albany County Jail, the payment of $2,076.12 in restitution for hours not worked, resignation from his current position, and a lifetime ban from government employment.

Louis Marciano, 50, of Willow Street in Rensselaer, pled guilty to the felony of Defrauding the Government.  His plea arrangement includes five years probation, 250 hours of community service, the payment of $1,503.97 in restitution for hours not worked, resignation from his current position, and a lifetime ban from government employment. Pivoda and Marciano both waived appeal as a condition of their pleas.  They pled before Judge Stephen W. Herrick in Albany County Court.  Their sentencing is scheduled for January 4, 2010. 

From April 17 to July 14 of 2009, OGS night maintenance employees Pivoda and Marciano regularly used a storage area in the East Parking Garage that was converted to a concealed “man cave” to hide when they were supposed to be working.  They allegedly used and sold both marijuana and cocaine at the location and filed false information on their time sheets to defraud the state while failing to perform their assigned duties.

The Office of the New York State Inspector General and the state police originally raided the location in July after an investigation.  Both individuals were then suspended from OGS without pay.

Attorney General Cuomo thanked Inspector General Fisch for referring the case to the Attorney General’s office.  The Attorney General also thanked the New York State Police for their assistance.

The case is being handled by Assistant Deputy Attorney General John W. Prizzia of the Attorney General’s Organized Crime Task Force under the supervision of Robin L. Baker, Executive Deputy Attorney General for Criminal Justice.

 

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