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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

FOR IMMEDIATE RELEASE
Monday, July 2, 2018

Rochester Contractor Pleads Guilty To Falsifying Osha Documents

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Margaret M. Tobin, 46, of Rochester, NY, pleaded guilty before U.S. Magistrate Judge Jonathan W. Feldman to possession of an unlawful identification document of the United States. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in September 2016, the defendant, owner of M Design, was hired as a subcontractor for a state funded construction project in Rochester. In order for the City of Rochester to obtain state funding for the project, each employee working on the project was required to complete an Occupational and Safety Health Administration (OSHA) training course before performing any work on the contract. Between September 2016 and November 2016, Tobin provided her employees working on the project with fraudulent OSHA training certification cards.  The fraudulent cards contained the employees’ names and registration numbers as if they had been lawfully issued by OSHA. The cards were then submitted to the City of Rochester in order for the defendant and her employees to receive payment for their services.  However, the employees never actually received the OSHA training as represented on the fraudulent cards.

The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Peter Nozka, Acting Special Agent-in-Charge of the New York Region.

Sentencing is scheduled for September 6, 2018, at 10:30 a.m. before Judge Feldman.

Updated July 3, 2018