NEW YORK OFFICIAL OF NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION ACCUSED OF COMPUTER THEFTPoughkeepsieJournal.com - Official accused of theftOfficial accused of theft
Pawling board member arrested
By Larry Fisher-Hertz and Michael Woyton
Poughkeepsie Journal



PAWLING — Pawling Town Councilman James D. Benson III, a high-ranking official at the New York City Department of Environmental Protection, has been accused in the theft of thousands of dollars worth of computers and other equipment belonging to the city agency.

Benson, 52, was arrested Wednesday by Dutchess County sheriff's deputies following an investigation by the New York City Department of Investigation. He is charged with criminal possession of stolen property, a felony punishable by up to seven years in prison.

Benson is the DEP's Director of Watershed Programs. He is in charge of coordinating the DEP watershed's compliance with the State Environmental Quality Review Act.

He is the son of former Dutchess County Executive James D. Benson.

According to Rose Gill Hearn, commissioner of the Department of Investigation, members of the department and sheriff's deputies searched Benson's Pawling home and found numerous items allegedly belonging to the DEP.

Technology, tools found

The property included several new Dell computers in their original boxes, an IBM ThinkPad laptop computer, a 3500-watt Honda portable generator, night-vision goggles, an electric cold-water pressure washer, a 1000-watt twin-head halogen work light, machete knife and leather sheath, DEP uniforms, a new DEP fax machine and several power tools.

Lt. Bruce Coneeny, head of the detective division of the sheriff's department, said deputies and members of the city investigation unit executed a search warrant at Benson's home Tuesday night. Benson was taken into custody early Wednesday and arraigned before Pawling Village Justice Robert Apple. He was released without bail pending further court proceedings.

Hearn said the property seized from Benson's home is worth about $10,000.

Investigators also arrested a Rockland County man, Lamberto S. Santos, an engineer who worked for Benson at the Department of Environmental Protection.

They reportedly found other equipment belonging to the agency at Santos' home, including an 8-horsepower outboard marine motor, a 3,500-watt Honda portable generator, a 1,000-watt twin head halogen work light, a Panasonic Reciprocating Saw, a Dell 20-inch computer LCD flat screen and an IBM laptop computer.

Santos was also charged with possession of stolen property.

Missing from agency office

All of the equipment was reportedly missing from the department's upstate headquarters in Valhalla, Westchester County, where Benson and Santos work.

In a statement released Thursday, Hearn said, "Taxpayer money is supposed to be used to protect the watershed, educate kids and make our streets safer. It's not supposed to be used, as it was in this case, to help outfit a city employee's home. In their greedy scheme to defraud the department, these two individuals have betrayed the public's trust."

Pawling town officials were stunned by the news of their colleague's arrest. Benson is not up for re-election this fall.

"I'm shocked — absolutely shocked," Councilman William Johnson said. "Beyond that, I can't comment."

Councilman Richard Hunt said it didn't sound like the Benson he knows. He said because of Benson's position within the agency, he may be authorized to have the material in his possession.

"This may be a misunderstanding of some sort," Hunt said. "He may prove to be totally innocent," he said.

"I'm very sorry to hear this," Supervisor Edward Hauser said. "Jim has been a long-serving town board member and has made tremendous contributions to the community."

"We have to assume anybody who is arrested is innocent until proven guilty," he said. "I hope he is able to resolve this."