DA Flynn: No Criminal Wrongdoing at Erie County Water Authority

Result of criminal investigation

Tom Puckett
June 27, 2018 - 11:12 am

WBEN Photo/Dave Debo

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Buffalo, NY (WBEN) Erie County District Attorney John Flynn says there are no findings of criminal wrongdoing following a probe of the Erie County Water Authority.

"Our office found no intent by the ECWA to intentionally falsify the reports. The submission was performed by a staff member after the Board had authorized the submission without detailed review. The investigation by the DA’s Office was not a financial audit and the decisions made by the ECWA may have been ill advised, but no criminal activity has been developed," says Flynn.

Flynn says the Authorities Budget Office report prompted the DA's report. One issue was denial of FOIL requests. "The Chief of the DA’s Special Investigations and Prosecutions (SIP) Bureau reviewed the FOIL requests noted in the ABO report. An explanation as to why the FOIL requests were denied, or not responded to, has been made. None of the denials noted in the report appear to be an attempt to cover up any criminal activity," says Flynn, who adds such a violation would be a civil matter.

He says his office also investigated issues that may have appeared to go beyond Public Law violations, in particular, possible violations of Offering a False Instrument for Filing. The 2015 and 2016 reports that were filed claimed that Board members had signed their acknowledgement of fiduciary duty.

 

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