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Rikers correction officer accused of stealing overtime pay, charged with fraud
By
Catalina Gonella
Published Oct 4, 2023
Modified Oct 4, 2023
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By
Catalina Gonella
Published Oct 4, 2023
Modified Oct 4, 2023
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A Rikers Island correction officer was accused of stealing more than $170,000 in salary and overtime pay for hours he actually spent hanging out at home or on vacation, according to federal prosecutors.
James Internicola, 56, was arrested Wednesday morning and charged with federal program fraud in a complaint unsealed in Brooklyn federal court. According to Breon Peace, the U.S. attorney for the Eastern District of New York, Internicola’s falsified timesheets included 2,250 hours that he spent at home on Staten Island and vacationing in Aruba or the Jersey Shore.
In a statement on Wednesday, Peace said other officers who do the same should take note.
“As alleged, the defendant defrauded the people of New York City and the New York City Department of Correction by claiming to work significant amounts of hours, including overtime, that he did not actually work,” he said. “Correction officers who steal tax dollars by fraudulently obtaining compensation should take note of today’s arrest and know that this office is working with our law enforcement partners to root out corruption at Rikers Island.”
Internicola, who has been with the Department of Correction since 1996, was one of the city’s top overtime earners last year, according to city records.
Between July 2021 and January 2023, Internicola was paid more than $390,000, even though his base salary was $92,000. During those 18 months, Internicola claimed to have worked more than 2,600 hours of overtime, an average of more than 33 hours of overtime per week.
"We were deeply disturbed to learn about the allegations involving a correction officer announced earlier today. We take matters of fraud extremely seriously, and the Department of Correction is committed to helping the investigation in any way needed," mayoral spokesperson Kayla Mamelak said in a statement. "[Correction[ Commissioner [Louis] Molina has consistently worked towards the goal of maintaining the highest ethical standards within the DOC, and today's arrest reinforces our dedication to this mission. It is a stark reminder that nobody is above the law."
Prosecutors said Internicola’s job — managing the recycling operation for Rikers Island — could not be done remotely.
By obtaining a warrant to track his location through his license plate, E-Z Pass and cellphone data, investigators found that he lied about the majority of that overtime work, according to the complaint.
Prosecutors said Internicola regularly arrived at work two hours after he clocked in and left more than two hours before he clocked out. For example, on March 23, 2022, he allegedly claimed to work from 3 a.m. to 7:31 p.m. But E-Z Pass data reflected that his car didn’t cross the Verrazzano-Narrows Bridge on his way to work until 7:13 a.m. and crossed it again on his way home at 1:11 p.m., meaning he did not work at least 11 of the 16 hours for which he was paid, according to officials.
There were dozens of instances when Internicola claimed to work when he never reported to work at all, like on June 6, 2022, when he logged an eight-hour shift, while government records show he went through customs in Aruba at 1:41 p.m., authorities said. The fraudulent timesheets amounted to at least $171,000 in stolen pay.
Internicola filed paperwork to resign after being interviewed by the FBI.
Internicola was represented by attorney Joey Jackson. A person who answered the phone at Jackson’s law office said he declined to comment.
Internicola was released Wednesday on a $150,000 bond. He could face up to 10 years in prison if convicted.
This story has been updated to include a comment from a spokesperson for Mayor Eric Adams.
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Catalina Gonella
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