Volunteer Firefighter Pleads Guilty to Misdemeanor

Monday, December 21, 2015 | 0

A New York volunteer firefighter pleaded guilty to a misdemeanor charge, admitting he had falsely stated on a workers' compensation form that he did not do any volunteer work while receiving $45,000 in benefits.

James J. Moreland, 66, of Pendleton in upstate New York, reportedly took part in 177 calls between April 2009 and June 2011 while collecting workers' compensation benefits. He originally faced fraud and felony perjury charges for allegedly telling a Workers’ Compensation Board administrative law judge under oath that he had not been doing any volunteer work.

He also faced paying restitution, but that was not mentioned during the plea hearing before Niagara County Judge Matthew J. Murphy, the Buffalo News reported.

Defense attorney Robert Viola told the newspaper the criminal case “is all about face-saving for an ill-advised decision by the Workers’ Compensation Board. They ought to hang their heads in shame.” The agency did not respond to a request for comment from the newspaper.

Moreland’s former employer, Joseph M. Frawley, president of Todd Co., which owns Reed Blacktop, said the claim cost his company money in higher workers’ compensation insurance premiums and lost business.

“My company lost the opportunity to work for our largest customer for a year after the claim. We were put on probation,” Frawley said. He added that the insurance premiums jumped immediately and didn’t return to normal for three years.

Judge Murphy last month dismissed all charges against Moreland’s wife, Shirley, who took part in filling out the forms. The judge wrote at the time that he thought the prosecution would have a hard time convicting her husband of fraud because of the unclear way in which the questions on the form are phrased.

The judge let the indictment against James Moreland stand because it included the two counts of perjury.

The Niagara County District Attorney’s Office has filed a notice of appeal in an effort to revive the indictment against Shirley Moreland, 65. James Moreland is due back in court Feb. 18 for sentencing.