Saturday, May 27, 2023

Former Trooper Wynder in LEEBA Fraud Trial Sees his 2019 Deposition on Income & 80 Broad


By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, May 22 – Kenneth Wynder, a former New York State Trooper and former president of the Law Enforcement Employees Benevolent Association is charged with defrauding union members by misappropriating money from LEEBA’s Annuity Fund. 

 On February 23, 2021 U.S. District Court for the Southern District of New York Judge P. Kevin Castel had a proceeding. Inner City Press covered it. 

 Wynder is out on bond, and earlier this year was granted approval to travel to visit a friend. Now his case was pushed to September 23, and time excluded until then.

SDNY says "From at least in or about 2012 up to and including the date of this Complaint, WYNDER participated in a scheme to steal, embezzle, and misappropriate money from the Annuity Fund and individual members’ retirement accounts.... Throughout the duration of this scheme, WYNDER repeatedly made and approved false and misleading statements to LEEBA’s members and prospective members about how he was purportedly using and protecting their retirement accounts and the LEEBA Annuity Fund." 

Jump cut to April 18, 2023, when Wynder and his co-defendant and their three lawyers were again before Judge Castel. With a health issue of counsel resolved, a trial date was set in May.

On May 22, the jury was selected and opening arguments were held. Inner City Press was there in the gallery, as were a number of AUSAs and others. Wynder's lawyer, thankfully over health problem though supported by a cane, said his client had had tax problems, and sloppy record keeping - but had fought for his members.

Andrew Brown's lawyer, who called him Drew, said his client had nothing to do with Wynder's tax problem, nor Dallas Cowboy tickets. One of these things is not like the others, he told the jurors, quoting Sesame Street.

On May 23, a witness recounted, with a letter to Brown on the screen, how the LEEBA account was moved away from Oppenheimer. Judge Castel  had the court reporter read back an answer.

On May 24, Drew Brown's lawyer, who in openings quoted Sesame Street, was cross examining a witness about her email that it was "excellent" to receive LEEBA's money. Then accountant Russell Furey was called to the stand by the government.

On May 25, the US pursuant to a stipulation with the defendants read for the jury portions of Wynder's February 21, 2019 deposition where he said LEEBA had offices at 80 Broad Street and in Briarcliff Manor and said he made $180,000 a year from LEEBA ($125,000 in 2017), and on top of that his police pension. Then other documents were proffered... One of these things, as they said, is not like the others.

Earlier in the case Judge Castel castigated the US Attorney's office for not complying with its discovery obligation, triggering a letter about ameliorative measures that remains, ironically, heavily redacted.

 The case is US v. Wynder, Jr. et al., 20-cr-470 (Castel)

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