Rockland County District Attorney Thomas P. Zugibe and State Labor Commissioner M. Patricia Smith today announced that Emmanuel Odigie (DOB 01/01/54) of 837 Outlook Avenue, West Babylon, New York has been arrested and arraigned for defrauding employees out of $150,000 in unpaid wages and benefits. 

Odigie is charged with:

• One count of Grand Larceny in the Second Degree, a class “C” Felony 
• Two counts of Grand Larceny in the Third Degree, class “D” Felonies 
• Three counts of Willful Failure to Pay Prevailing Wages 
• Three counts of Offering a False Instrument for Filing in the First Degree, class “D” Felonies 
• Three counts of Falsifying Business Records in the First Degree, class “D” Felonies 
• Three counts of Perjury in the Third Degree 

Odigie, who conducted his business under the company name of Northeast Security Guard Service, Inc., is alleged to have failed to pay the legally required prevailing wages for at least three security guards assigned to the Town of Clarkstown solid waste facility in West Nyack.

The defendant had entered into a contract in June, 2004 to provide security services for Clarkstown’s landfill for the period of several years through 2007. As provided by the New York State Labor Law, and under the terms of this contract, Odigie was required to pay all of the employees engaged in working at the facility the prevailing wage levels of about $11 per hour and supplemental benefit rate for overtime work.

The Rockland County District Attorney and the State Labor Department began investigating Odigie after receiving a number of complaints that the firm was not paying the employees the required prevailing wage rate. The initial investigation provided the District Attorney's Office with probable cause to obtain and execute search warrants at the defendant’s Suffolk County home and business office in Queens on September 4th.

The investigation revealed that, rather than pay the employees the lawful prevailing wage, Odigie would pay each worker around $7 per hour. It is alleged that the defendant took a number of criminal steps to hide the underpayments from the State Labor Department and the Town of Clarkstown.

In addition to defrauding employees out of unpaid wages, Odigie falsified payroll information submitted to the Town of Clarkstown. Certified payrolls submitted by the defendant failed to list the three workers who were security guards, but included the names of several individuals allegedly employed by Northeast Security, but never worked at the site. Odigie also withheld payroll taxes from the victims and used the falsified payroll reports to supply false information to the various taxing authorities, while pocketing the illicit proceeds.

“New York’s prevailing wage laws are designed to protect both the workers and the integrity of public works projects,” said District Attorney Zugibe. “Unscrupulous contractors, who cheat workers out of wages and cheat on insurance costs, undercut good, law-abiding union contractors. These convictions will send a clear message: all violations of laws involving public works projects in Rockland County will be aggressively prosecuted.”

Commissioner Smith applauded the coordinated work that produced the arrest. “New York’s prevailing wage laws ensure fair wages on public work projects. Contractors who cut corners by failing to pay workers money that they are due potentially compromise the integrity of the work. This joint investigation demonstrates the Department’s focus on maintaining the integrity of New York’s public work projects, especially as more of them get underway in the future.”

Odigie was arrested Friday morning on a sealed indictment handed up by a Rockland County Grand Jury. He was arraigned today in Rockland County Court by Acting Supreme Court Justice Catherine Bartlett. Bail was set in the amount of $. Odigie is due to return to court on.

He faces up to fifteen years in state prison.

Executive Assistant District Attorney Gary Lee Heavner will prosecute the case.