Corrupt NYC Construction Crane Inspector Pays Price For Taking Bribes

Steven HirschGREED FACTOR: Former chief cranes inspector James Delayo (right) pleads guilty to bribery yesterday in Manhattan Supreme Court.

Courtesy of the New York Post. NYC's former top crane inspector pleads guilty to taking bribes
 

Shame on you.  That's all there it to say to New York City's former top crane inspector. On March 24 , 2010, 61-year old James Delayo plead guilty to pocketing over $10,000 in bribes and selling the safety of his city's residents up the river.  He admitted he repeatedly sold answers to the "crane-operator licensing test" , and even sold the licenses themselves!

Although the bribes were relatively small, the risk this so-called "public servant" exposed the general public to was enormous, since as a result of his greed, Delayo put many people who had never honestly passed the city's crane-operator test behind the controls of NYC's largest construction cranes - cranes measuring 200 feet tall and weighing fifty tons!

According to prosecutors, Delayo's partner in crime was a Long Island based crane company called Nu Way Crane Service, and that he provided that  company with advance copies of the crane operator's exam for three thousand dollars.

Delayo's scheme was uncovered  by the Manhattan DA's office who had been investigating a series of deadly construction accidents involving giant cranes-- such as the one on March 15, 2008 which killed 7 people and destroyed a townhouse on Manhattan's Upper East Side, and another accident where two people were also killed in New York City as a result of giant crane crash.

This is not the first time new Manhattan District Attorney has thrown the book on people who break the law in the construction industry. Earlier this month, DA Cyrus Vance Jr., charged the owner of a crane rental company with manslaughter for his role in a deadly crane accident on East 91st Street in New York's Upper East Side. The DA Vance's recent crackdown on illegality in the construction industry is a big step in the right direction. 

This is especially true when it comes to public officials like Mr. Delayo, who are morally and legally required to hold themselves to a higher standard than ordinary folk. The City of New York not only paid Mr. Delayo's salary; its residents trusted him to protect them.  Delayo repaid them by selling out their safety for a few extra bucks. Mr. Delayo will be sentenced in May and is facing from two to six years in jail.  Even New York's best construction accident lawyers  cannot protect the public from this type of criminality. 

Perhaps when he is behind bars, Mr. Delayo will have time to consider that he has not only broken the law, but betrayed the very people he was hired to protect.

 

 

 

Crane Owner Faces Jail In Deadly NYC Construction Accident

 

photo courtesy of the Associated Press

 

Kudos to the new Manhattan DA for getting this one right.  Manhattan District Attorney Cyrus Vance has filed serious criminal charges  against the owner of a Manhattan construction company that he says put a defective crane into service.

 

In May 2008, Donald Leo was operating a crane at a construction site on New York's Upper-East Side when it snapped and crashed into an apartment building on 91st Street, killing Leo and a construction worker. The giant crane had been rented by a developer from a company owned by James Lomma of Staten Island.

 

Now, Lomma has been charged with manslaughter and criminally negligent homicide in connection with his role in the tragedy - charges which can result in 20 years in prison. In the indictment, Manhattan DA Vance says that Lomma knew an essential part of the crane was defective. But Vance says that instead of paying for a proper replacement part, Lomma used a much cheaper part built by an unqualified Chinese company. In his indictment, Vance says that the company even warned Lomma that the makeshift repair wouldn't hold, but Lomma rented the machine anyhow!

 

And to add insult to injury, this collapse happened just two months after another fatal crane collapse on East 51st Street that also involved a crane rented from one of Mr. Lomma’s companies. Seven people died in that crane collapse, but Mr. Lomma was not charged.

The 64 year-old Lomma – owner of the New York Crane and Equipment Corp - could serve the rest of his life behind bars.

 

But even that hefty price is still no match for the suffering faced by the families that lost their loved ones—men who innocently went to work one day and never came home. It's often the case that construction company owners who break the law just get sued under for negligence under New York Labor Law 241(6). They don't usually face criminal charges - which is certainly a much stronger deterrent. Thanks to DA Vance's indictment, that might be changing now.

 

The goal must be increased worker safety and preventing future fatal construction site accidents 

Bronx Construction Worker Accident at Freedom Tower Causes "Turf War"

As reported in today's New York Daily News, Bronx construction worker Jose Jerez was seriously injured yesterday when he fell 14 feet onto a piece of plywood floor while working at the Freedom Tower. The 28 year old Jerez was working on a doorway 100 feet above ground level at Ground Zero. The article did not describe the cause of the worker's plunge and what, if any, safety equipment was provided to him to prevent the fall (perhaps a harness?).

Unfortunately, the story dealt more with the "turf war" between the Port Authority and the FDNY over which agency should respond to such emergencies.  Apparently, the Port Authority  has sole jurisdiction over the former World Trade Center site, and actually prevented Fire Department medical responders from entering the site to help Mr. Jerez..

This is typical of New York City bureaucracy BS!  If the New York City Fire Department medical team responded first, were they supposed to just wait outside the fence to the Freedom Tower while the construction worker screamed in pain?!  Thankfully, I have a feeling that New York's Bravest" wouldn't stand for such silliness and would always do whatever was necessary to aid an injured worker.

This is not the first construction accident fall at the Freedom Tower, and it certainly won't be the last. Click here to follow the ongoing progress of the re-building of Ground Zero in pictures (they have now placed the structural steel up to 20 floors).   Let's hope the Port Authority responds more professionally in the future.