(The following story by Carol DeMare appeared on the Albany Times website on December 10.)
ALBANY, N.Y. — Five former Amtrak conductors were each sentenced Tuesday in federal court to five years on probation and ordered to make restitution totaling nearly $121,000 for pocketing cash from tickets sold on trains.
One by one the five appeared before District Court Judge Lawrence E. Kahn, expressing regret, attributing the wrongdoing to such influences as alcoholism, debts, health problems or being led astray by a girlfriend. All worked out of the Albany-Rensselaer station.
The federal prosecutor agreed to sentences that avoided prison for the scheme that evolved over five years. The thefts were uncovered during a routine audit.
“I think the sentences are fair,” Assistant U.S. Attorney Tina E. Sciocchetti said. “Each of the defendants told the judge they would not be in trouble in the future. We have five years of supervision of each of them to make sure that doesn’t happen.”
Not being jailed enables them to work to pay back the passenger railway. The government will monitor the restitution payments. Audits of on-ticket sales are being conducted all over the country and others have been charged, Sciocchetti said.
The five all pleaded guilty during the summer to a single count of stealing more than $5,000 from Amtrak.
Dennis M. Hartley, 45, of Rotterdam, was sentenced to six months of home detention in addition to probation. He was ordered to make restitution of $37,361 at the rate of $300 a month or 10 percent of his gross income, whichever is greater. He was initially charged with stealing $40,991, but turned in about $3,700 at the time of the audit.
William F. Farrell Jr., 38, of Pittsfield, Ma., on disability for a neck injury, was also given six months home detention. He was ordered to pay back $31,783 at the rate of $100 a month until April 2004 when he returns to work, and then the rate increases to $300 a month.
Samuel J. Chalk Jr., 38, of Virginia Beach, Va., was the third defendant given six months home detention. His restitution is $23,365 at $200 a month.
Keith J. Latimer Jr., 39, of Albany will pay back $15,813 at $200 a month. Michael R. Greene, 26, will pay back $12,630 at $200 monthly.