by Jay Lawson
The Herkimer County Sheriff’s Office did not properly safeguard seized property, including cash, drugs, firearms and vehicles, according to an audit released last week by State Comptroller Thomas P. DiNapoli.
Herkimer County Sheriff Christopher Farber is responsible for overseeing the general management of the Office, according to DiNapoli.
This includes overseeing non-Office property room inventory, including items for safekeeping, he said.
“When seized property is missing, it can jeopardize the prosecution of criminal cases and could result in dangerous items, such as drugs and firearms, making their way back into our communities,” said DiNapoli.
“Without proper oversight, it’s impossible to know if the missing items were destroyed, transferred to other agencies, returned to owners or stolen.”
The Comptroller’s audit found that the Herkimer County Sheriff’s Office did not account for property room inventory adequately due to inaccurate records.
The office listed 307 high-risk property items as being held in its property room.
Of those 55 (18 percent) were missing.
This included 21 firearms consisting of handguns, semi-automatic rifles and shotguns.
Further investigation determined the whereabouts of all but one firearm.
In addition, the Office inappropriately allowed firearms held for safekeeping to be transferred to County and Office employees, according to Comptroller DiNapoli.
When questioned by auditors, Sheriff Farber indicated that his office does not allow personnel to acquire or purchase items that come in for safekeeping.
However, when state auditors reviewed paperwork dating back to 2008, it found the practice to be commonplace, as follows:
• In 2013, a Colt model firearm in safekeeping was transferred to a Sheriff’s Deputy.
• In 2012, an H&R Firearms model revolver held for safekeeping was transferred from an estate to a Sheriff’s Deputy.
• In 2011, five firearms, including three Colt model revolvers, a Ruger model and a Smith and Wesson model revolver, that were in safekeeping or had licenses revoked were transferred to a County Corrections officer or Sheriff’s Deputies, one of whom was the brother of the Sheriff.
• In 2008, three firearms, including two Colt models and a Herters model held for safekeeping, were transferred to a County Corrections officer.
Additionally, in 2011, an H & R Firearms model revolver that was an amnesty weapon was transferred to the Sheriff.
“The Sheriff has indicated that this firearm was owned within his family and was transferred to him; however, we were provided no documentation supporting this,” said Comptroller DiNapoli.
In addition, according to inventory records, a series of clerical errors were made when recording this firearm.
“We also reviewed a total of 133 weapons or permits returned to their owners in 2012 and 2013. Eleven did not have corresponding documentation supporting the return,” he said.
DiNapoli suggested that the sheriff’s office improve control procedures to safeguard its seized, found and safeguarded property.
“The [Herkimer County Sheriff’s] Office provides vault access to five individuals, and despite establishing a sign-in sheet procedure for anyone entering or exiting the vault, we noted that only the clerk signs in and out,” DiNapoli said.
Sheriff Farber acknowledged that clerical errors were made, but that firearm transfers cited by the Comptroller’s office were done legally.
Additionally, as a result of the audit, Farber said he issued a Policy and Procedure called “Handling of Evidence,” on August 11, 2014.
This policy has been distributed to all sworn staff. It specifies in writing how contraband or other evidence is to be organized and controlled from the point of discovery to return or destruction, Farber stated.