Wednesday, January 24, 2018

Cop that stole from evidence room loses pension


So the pension board did the right thing in denying Officer Dubeshter his pension. I wasn't aware of a State provision that forbids police officers convicted of crimes related to their jobs from collecting retirements benefits. A good policy for all City employees. But the bigger question is, where and who has the difference to what was for to be stolen in an audit, 73k and the amount Dubeshter was convicted of stealing 19K. One can only conclude, others had easy access to the evidence room with a spare key hanging in close proximity. I would hope the paper press the City for reasonable answers to the question of where the the sum of 54k is accounted for. I seem to remember the Town Manger saying all the stolen money was accounted for last year at Town Meeting. If anyone remembers that.. hit me up.

 From the MWDN: Middlesex Superior Court Judge Jack Lu sentenced Dubeshter to one year in the House of Correction in Billerica, with 30 days to serve, followed by a probationary period of two years.
With his jail term now behind him, Dubeshter appeared in person at the Retirement Board’s closed-door hearing Tuesday at the Memorial Building, which stretched for more than half an hour.
After emerging from executive session, board attorney Thomas Gibson said the five-member group voted unanimously to deny Dubeshter his retirement allowance, and to deduct investigative costs from the annuity payments he is entitled to reclaim. The board is still reviewing which investigative costs will be deducted from his payout, Gibson said.
Dubeshter declined to comment on the circumstances following Tuesday’s hearing.
Dubeshter’s resignation marked an ignominious end to a lengthy career in Framingham, which brought him into one of the department’s most trusted positions. As evidence room supervisor, he was previously in charge of receiving, cataloging and maintaining evidence in criminal cases.
Dubeshter came under investigation on Sept. 18, 2015 after police discovered six envelopes from the evidence room inside his personal truck, according to court records.
The envelopes — typically used to store cash seized in criminal cases — had been cut open at the bottom, and all but $41 of the currency supposedly inside was missing. Police secured a warrant and returned the following day, allegedly finding two more envelopes inside the truck, and another envelope inside a desk at his home.




Audits later determined that more than $73,800 was missing from the evidence room, though prosecutors said they were unable to show Dubeshter was responsible for stealing more than about $19,000 of the missing cash.

Dubeshter was placed on leave Sept. 21, 2015 and resigned seven months later. He was indicted on two counts by a grand jury in January 2017 and pleaded guilty to a single larceny charge in November.
Police officials say the department has implemented numerous recommendations to improve control of the evidence room since Dubeshter’s arrest, including having at least two officers supervise the area. Police also began depositing cash seized during investigations into a bank account rather than storing it in the evidence room.

It was unclear Tuesday how much Dubeshter would have been entitled to receive from the retirement system. Laurie Lizak, executive director for the Framingham Retirement Board, said Dubeshter did not apply for pension payments after retiring while under investigation in April 25, 2016.
An employee’s retirement allowance is calculated based on years of service and the employee’s highest average salary over a period of three consecutive years. Those figures are multiplied by a benefit rate, which takes into account the employee’s age at retirement and the type of work they performed.
Police officers, firefighters and certain other employees belong to Group 4, which allows them to receive annual retirement payments equivalent to 80 percent of their highest average salary over three years.
In 2015 — one of Dubeshter’s longest stretches on active duty before being suspended — he earned a little more than $137,000. His salary included more than $29,000 worth of detail pay, which would not have counted toward the overall compensation used to calculate his retirement benefits.
Another longtime police officer who retired in 2016 received annual retirement allowances of about $40,000 and $45,000 during the previous two years, according to figures obtained by the Daily News through a public records request.
Lizak declined to disclose the amount of payroll deductions Dubeshter stands to be repaid, saying the figure is not subject to public disclosure. Lizak said only that the board is “doing its due diligence” with regard to Dubeshter’s retirement funds.

5 Comments:

At January 30, 2018 at 3:09 PM , Anonymous Anonymous said...

Jim how do we make sure that an investigation is done to determine if any other officers had their hands in the till? And the investigation should not be done by the Framingham PD. That is a lot of money missing. Does it impact trials going forward? Why didn't someome lose their job for allowing that evidence room to be accessible by so many people?

We have problems at the police department here. Not sure who is to blame but the Chief certainly does not seem to be doing much to punish those who are the problem. What legal recourse do we have as citizens to demand accountability from our Police?

 
At January 30, 2018 at 5:17 PM , Anonymous Anonymous said...

This is bullshit. Who took the money if not this guy? Do we have that many croocked cops?

 
At January 31, 2018 at 8:34 AM , Blogger jim Pillsbury said...

I wrote to Mike Cannon and asked if he would get some answers. His reply:
"Very frustrating to say the least. I certainly hoped we would have more definitive answers by now. I know other Councilors share this feeling as well. I've heard a number of varying figures as this matter has progressed. I have this matter (both the accurate dollar amounts as well as the resulting controls, protocols, and processes) as an agenda item on some upcoming division head meetings. As I learn more, I'll keep you posted".

When this all went down, it was discovered that many cops knew about the spare key to the evidence room. I think it goes as far back as Chief Carl's days. I and TM was told by the Town Manger more than a year ago, that all the missing money was accounted for. It appears that wasn't the case according to the MWDN.

The Council and Mayor should request an independent forensic audit going back 5 years.

 
At February 1, 2018 at 4:06 PM , Anonymous Anonymous said...

So its on the record that the Towm Manager said all the money was accounted for? That info would have had to come from Chief Ferguson. If that is not the case, sounds like Ferguson made a false statement to the governing body of the town. Shouldn't we be looking into that via the new mayor?

 
At February 5, 2018 at 10:35 AM , Blogger Jim Pillsbury said...

I learned from M. Cannon, that there have been 3 independent audits. A report has been issued to the Council and I hope to get a redacted copy. The results seem to indicate that the State could only prove the officer took 19K. I'm still not convinced that others in FPD did not take any of the missing 56k. I will post the report when I get it.

 

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