Update: The Burlington Free Press reported on Aug. 10 that the state paid former Vermont State Police Sgt. James Deeghan a severance package, despite alleged fraudulent activity that cost the state over $1,000 in the month of June alone.
The ex-cop accused of committing time sheet fraud during his employ with the Vermont State Police is likely to face more charges. Prosecutors expect to file a second affidavit in the case.
James Deeghan, a former sergeant in the Vermont State Police, already faces two felony charges of false claims over $500 after an internal investigation determined that time sheets he filed in June were fraudulent.
Deeghan resigned from his post after he was suspended, pending an investigation. The alleged fraud was discovered by a fellow trooper, who looked up Deeghan’s timesheet to check for an overtime code. The trooper noticed some overtime claims Deeghan made that didn’t seem right, so he reported his suspicions to his superior.
The alleged fraud may date back at least several years, according to state officials.
Chittenden County State’s Attorney TJ Donovan, whose office is prosecuting the case, said Thursday that another affidavit seemed likely.
“I think it’s fair to expect another affidavit to be filed in this case,” Donovan said.
Cheryl Hanna, an expert on criminal law and procedure and professor at Vermont Law School, said given the expanded scope of the investigation, another affidavit would most likely mean either new charges or additional counts of felony false claims over $500.
“My guess is that — I don’t know that there would be another law they would charge him under — as much as he might be charged with additional counts under that same penalty,” Hanna said. “If you look at other kinds of similar cases where people engage in this kind of fraudulent misrepresentation, it would not be surprising if there was additional evidence that he had done this previously.”
One of Hanna’s colleagues at Vermont Law School, Michele Martinez Campbell, agreed.
“The affidavit at the arraignment is to file probable cause for the arrest … you don’t generally have any requirement to file additional factual allegations unless you’re filing new charges,” she said.
The Shumlin administration said at a July 26 press conference that 16 state police officers were investigating Deeghan’s time sheets over the past three years, but Donovan said they may look back even further.
“I think, clearly, we want to know what the total loss is here to the Vermont taxpayer,” Donovan said. That effort could lead investigators past the three-year mark, if necessary.
Donovan has two Assistant State’s Attorneys working the case. Leading the prosecution is Deputy State’s Attorney Mary Morrisey, and Deputy State’s Attorney Paul Finnerty is also working on the case. So far, their role has been advisory because State Police officers are leading the investigation.
“At this stage, it’s just kind of communicating with the state police, answering questions the state police may have, setting the expectations of what we want, what we’re looking for,” Donovan said. “Really just communicating and advising and conferring with the state police about the kind of information that we want.”
In a statement to VTDigger.org, Major Edward Ledo, who heads up the Vermont State Police Bureau of Criminal Investigation, outlined the scope of the probe.
“There is a significant amount of paperwork. Investigators are checking each time sheet, which includes overtime, annual leave, sick time and special assignments, against facts that would verify a trooper’s activities,” Ledo said.
Ledo and Donovan both emphasized the importance of getting the investigation right.
“We are nearing the completion of the review of timesheets, however it is imperative that we do a thorough and complete investigation,” Ledo said.
The next step in the case is a status conference, where the prosecutors meet with the defense to check in on the case and its development. Donovan said that would be likely followed by a discovery phase before the trial can begin.
“It could be a long process,” he said.
