O'Brien May Do Weekends For Benefit Theft
MASSENA - A 35-year-old Massena man faces either a straight sentence of 60 days or spending weekends for the next four months in the county correctional facility after pleading guilty to two misdemeanor counts in Massena Town Court.
Patrick M. O'Brien of 44 Beach St., Massena, pleaded guilty to second-degree offering a false instrument for filing and petit larceny in a plea bargain agreement.
Massena Justice James M. Crandall directed the probation department to conduct a pre-sentence investigation and scheduled sentencing for Oct. 27.
The terms of the plea bargain call for O'Brien to serve jail time. He will also be placed on probation for three years and was ordered to make restitution.
He had been charged with making false statements to the Department of Labor indicating he was not working when he was employed by Associated Reporters.
The plea also satisfied two second-degree criminal possession of a forged instrument charges.
O'Brien will also be required to make restitution of $4,378 to the state's Department of Labor and $265.11 to Ian Genser.
A state senior unemployment insurance investigator had alleged O'Brien stole $4,378 from the state's Department of Labor by making false statement to the Department of Labor to qualify for full unemployment benefits between June 8, 2009 and Aug. 23, 2009.
He admitted he had failed to report he was employed at the time by Associated Reporters International, Inc.
O'Brien, in his statement to police, told police he had lost his job with Cape Air in early to mid-April 2009 and he had been hired back by a former employer, Associated Reporters, in June 2009.
"My arrangement with Associated was supposed to be per diem or part-time, but sometimes the hours were more like full-time," he acknowledged in his statement.
"I didn't pay enough attention to what my paychecks said, and I must have filled out the online unemployment certification questionnaire incorrectly," he added.
O'Brien acknowledged he had received a letter asking for additional paperwork from the Department of Labor, but he had not responded to those inquiries.
"I had the intention to start repaying the money, but I haven't gotten around to that yet. It has been a tough time financially," he said.
The Massena man had also previously been charged with two counts of second-degree criminal possession of a forged instrument.
He was accused in that case of cashing two forged checks in January 2007.
O'Brien deposited two checks written out to Ian Genser from Midwest Airlines into his own account at Massena Savings and Loan - one on Jan. 8, 2007 and the other on Jan. 30, 2007.
In other recent court action before Judge Crandall:
* Steven A. Gardner, 23, of 15 East Ave., Massena, pleaded guilty to second-degree criminal contempt. He admitted he had violated an order of protection when he pushed Angelina Hughes during a domestic dispute on Nov. 4, 2009.
The court directed the probation department to conduct a pre-sentence investigation and scheduled sentencing for Oct. 27. A temporary no harassment order of protection remains in effect.
