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Couple gets probation, community service for $190k fraud

Rockland County District Attorney Thomas P. Zugibe announced

Rockland County District Attorney Thomas P. Zugibe announced Kenneth Deaver, left, and Diane Deaver were sentenced after a $190,000 wage violations scheme. Photo Credit: Rockland

The owners of an Orange County construction company were sentenced to 320 hours of community service and probation after admitting they bilked their employees out of $190,000, the Rockland County District Attorney's Office said Tuesday.

Kenneth Deaver, 55, and Diane Deaver, 50, own a company called Schenley Construction, Inc., which was awarded more than half a dozen local government contracts, including jobs for Clarkstown, Hillburn and Sloatsburg.

The Deavers, who live in Warwick, employed 21 construction workers for those jobs, but instead of paying the workers what they were owed, the Deavers shortchanged them and falsified payroll records in an attempt to cover their tracks, prosecutors said.

They were arrested on Dec. 2, 2011, after several employees complained to Rockland County authorities, prompting a criminal investigation.

In May, Kenneth Deaver pleaded guilty to two counts of second-degree grand larceny, while Diane Deaver pleaded guilty to a misdemeanor count of petty larceny.

As part of the plea deal, the Deavers paid $553,567 in restitution to the 21 cheated employees. That total includes wages owed, interest on the wages and state penalties, the district attorney's office said.

Kenneth Deaver was sentenced to 210 hours of community service and five years' probation; Diane Deaver was sentenced to 110 hours of community service and three years' probation. In addition, the Deavers and their company are prohibited from bidding on government contracts in New York for five years. The Deavers also forfeited two cars and $55,000 to the Rockland County District Attorney's Office, prosecutors said.

Messages were left Tuesday with Brian Burke and Gerald Damiani, attorneys for Kenneth and Diane Deaver.

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