PTO Honesty

High Angle View Of A Person With Fractured Hand Filling Health Insurance Form

The purpose of Paid Time Off (PTO) is to give employees a break from work. It can be used for vacation, to take care of someone during an illness, appointments, school, volunteering, or perhaps binge-watching Netflix. Kyle Bouille of Elmira, N.Y., took a different approach to his PTO. He falsely claimed he took time off to attend military drills, which enabled him to receive $3,322 in unearned wages.

Bouille served as a prison corrections officer at the Elmira prison between 2016 and 2019. He also served in the U.S. Marine Reserves until July 2017. While working at the Elmira prison in 2019, Bouille sustained an injury that left him briefly disabled, but eligible for workers’ compensation benefits.

Bouille was apparently not ready to return to his job when he was supposed to. He altered his “return to work” dates on the note his doctor provided by extending it by five days. State Department of Corrections employees caught the discrepancies of his leave submissions and referred the problem to the Inspector General. (It wasn’t long before further investigation showed that Bouille had a forgery habit).

Let’s circle back to Bouille’s time as a Marine. The Elmira Inspector General’s investigation uncovered that the former Marine modified and submitted a letter to Department of Corrections and Community Supervision, which stated that he had to take time off to attend required drill dates throughout 2017 and into 2018. Here’s the catch, Bouille completed his service in July 2017. (He was no longer a Marine.) Records show that Bouille was paid $3,322 in wages and leave benefits for the bogus PTO days.

Over a year after his resignation at DOCCS on October 30, 2019, Bouille pled guilty to Petit Larceny and Attempted Fraudulent Practices under the Workers’ Compensation Law for citing military service to get out of work, then lying again to scam the state’s workers’ compensation system. He was sentenced to a one-year conditional discharge and will pay restitution in full, with an additional $50 fine. (This begs the question – was the $3,300 really worth it?)

Today’s Fraud of the Day comes from an article, “Elmira prison officer falsely claimed he took time off for military drills, pleads guilty,” published by Elmira Star Gazette on December 22, 2020.

A former Elmira prison officer pleaded guilty Tuesday to falsely claiming he took time off work to attend military drills, which resulted in him receiving $3,300 in unearned wages.

Kyle Bouille, 27, of Corning, had been a corrections officer at the Elmira prison since 2016 and also served as a member of the United States Marine Reserves until July 2017. He sustained an injury at the prison in January 2019, leaving him unable to work and eligible for workers’ compensation benefits, according to the New York State Inspector General’s Office.



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Larry Benson
Larry Benson is currently the Director of Strategic Alliances for Revenue Discovery and Recovery at LexisNexis Risk Solutions. In this role, Benson is responsible for developing partnerships for the tax and revenue and child support enforcement verticals. He focuses on embedded companies that have a need for third-party analytics to enhance their current offerings.