Used to Get Promotions
Cite 14 Firefighters For Diploma Scam

By GINGER ADAMS OTIS

Fourteen members of the Fire Department, ranging in rank from Battalion Chief to Deputy Chief, Captain and Firefighter, bought bogus college diplomas on the Internet and submitted them to the FDNY in an attempt to meet educational requirements for promotion, the Department of Investigation said Jan. 31.

ROSE GILL HEARN: 'Compromised process.'

DOI investigators said the firefighters paid anywhere from $400 to $600 for fake degrees from St. Regis University, an on-line college, and submitted them to the FDNY's Department of Tenure and Tracking. In some cases the officers asked that the degrees be "back-dated" in order to meet departmental regulations.

Union's Defense

Uniformed Fire Officers' Association President Peter L. Gorman, who represents 13 of the members involved, adamantly denied that there had been any intent to deceive the FDNY.

"In the case of [one Chief], he submitted his diploma to the department and then followed that up with a phone call, and asked to get in writing that his degree was acceptable, which he got," said the union leader. "Only then did he tell others about the university. Also, 11 of the 14 people involved, after being informed their degrees weren't acceptable, went and got the required college credits outside of St. Regis."

PETER L. GORMAN: No intention to deceive.

The DOI's investigation revealed that the "degrees" offered by the on-line institution were based on college credits for classes that were never attended and were signed by a non-existent "Dean" and "Provost." For a price, applicants could submit essays detailing life experiences and receive a college degree based on "life credits."

Shady Entrepreneurs

St. Regis's Web site said it was a fully credentialed on-line learning institution operating out of the Republic of Liberia, and accredited by the "Liberian Ministry of Education," with "various satellites throughout the world."

The individuals operating the Web site were indicted in 2006 on charges of conspiring to commit wire and mail fraud and money laundering connected to their Internet diploma business. The indictment said St. Regis's "satellite" schools were post-office boxes in the United States. The cases are pending in the U.S. District Court in the Eastern District of Washington State.

According to the DOI, investigators first learned of a possible problem with Battalion Chief Daniel O'Gara's credentials Oct. 30, 2005, although the report declined to specify how the matter was brought to the DOI's attention. Chief O'Gara had been promoted in 2002 after submitting a baccalaureate degree from St. Regis University.

Spurred Wider Check

Following the discovery of his St. Regis degree, DOI conducted a search of all FDNY uniformed promotion files dating back to 2002, and determined that, including Battalion Chief O'Gara, 14 FDNY members had obtained purported degrees from either St. Regis or one of its "affiliates," and submitted these degrees to the FDNY.

The investigation expanded to include Battalion Chief John Polly, Battalion Chief Gary Esposito, Deputy Chief Paul Ferro, Deputy Chief Richard Howe, Capt. Lawrence Sloan, Capt. Donald Brown, Capt. Martin Cass, Capt. Mark Barra, Capt. Edward O'Donnell, Capt. Thomas Fitzgerald, Lieut. Ralph Talarico, Lieut. Matthew Zitz and Firefighter Mark Thalheimer.

Of the 14 FDNY members who purchased St. Regis degrees, three were promoted based on college credits from the on-line university: Battalion Chief O'Gara, Deputy Chief Howe, and Deputy Chief Ferro. Captain O'Donnell also submitted a bogus St. Regis degree, but it was rejected by the FDNY. Even without the requisite college credits, however, the FDNY approved him for promotion.

9 Got Legit Credits

Nine of the officers - Battalion Chief Polly, Battalion Chief Esposito, Captain Sloan, Captain Brown, Captain Cass, Captain Barra, Captain Fitzgerald, Lieutenant Talarico and Lieutenant Zitz - purchased false and misleading academic credentials from St. Regis and submitted them to the FDNY for promotions, DOI asserted.

Their diplomas were rejected by the FDNY, but the officers were promoted because they obtained the required college credits from legitimately accredited academic institutions.

Firefighter Thalheimer sought to use a St. Regis "affiliate" degree prior to graduation from the Fire Academy to meet the minimum educational requirements. While the FDNY rejected his St. Regis college degree, Firefighter Thalheimer was hired because he eventually got the requisite credits from a legitimate school.

The DOI report said its investigation proved that the individuals directly violated FDNY regulations, which require candidates for hiring or promotion to submit to the FDNY proof of college credits from an accredited institution. But it stopped short of recommending disciplinary action for any of the firefighters involved.

Faults FDNY, Accused

DOI Commissioner Rose Gill Hearn said the 14 individuals had "compromised the credibility of the FDNY promotion process," but also noted that the department didn't take sufficient steps to verify the authenticity of the diplomas in several instances.

The report recommended "improvements" to the FDNY policies and procedures regarding the verification of educational requirements for promotions. It urged the FDNY to create a "written directive" regarding its degree-verification process, and for that process to be proactive in researching credits and degrees submitted to them.

Additionally, the report said, if the FDNY does choose to accept a degree from "an uncertain origin," it should make direct contact with the institution via letter to confirm that it is properly accredited. The FDNY should also provide its firefighters with more information and counseling on how to obtain college credits from legitimate places.

Preventive Steps Taken

FDNY Deputy Commissioner of Public Information Francis X. Gribbon said the Department of Tenure and Tracking became aware in 2003 that St. Regis was not a legitimate academic institution and stopped accepting its transcripts.

"The FDNY also instituted new procedures to avoid a similar occurrence with any unaccredited schools. Since then, there have been no further occurrences related to this issue," he said in a written statement. "DOI informed the FDNY of its investigation in 2005, and we have been awaiting its report before proceeding with any disciplinary actions that may be warranted. That review is now under way."

Mr. Gorman noted that many of his officers were hired by the FDNY at a time when no college credits were required.

"We have members who came on with a high school diploma and are now forced to get 60, 80 and 128 credits from a college, while studying for promotions, raising families and trying to be good firefighters and officers," he said. "These are hard-working people, trying to work full-time and get college degrees, and they fully intended to comply with department regulations."

Promotion Criteria

The FDNY under Mayor Giuliani instituted a requirement of 30 college credits for new hires, but it recently dropped that figure to 15, or none if an applicant can prove six months' work experience or military service. To get promoted to Lieutenant, Captain, Battalion Chief and Deputy Battalion Chief, however, applicants need 60 and 80 college credits for the first two, and a bachelor's degree for the other two, although, as Mr. Gorman pointed out, the highest uniformed position in the FDNY - Chief of Department - has no educational requirements.

Stephen J. Cassidy, president of the Uniformed Firefighters' Association, had no comment on the report except to note that under the current hiring standards, Firefighter Thalheimer was more than qualified for the job.

DOI interviewed Chief O'Gara under oath on Dec. 6, 2005. Chief O'Gara, formerly a Police Officer in Houston, Texas, has been employed by the FDNY since 1979. He took the Battalion Chief exam in 1999 and was promoted in March 2002. At that time, Battalion Chiefs were required to have obtained 40 college credits before they could be promoted.

Battalion Chief O'Gara told DOI that he had only 12 acceptable credits and was aware of the hiring requirements demanding more. He said a friend outside the agency suggested he look into on-line degree programs and mentioned St. Regis University.

Military Endorsements

He went on-line and searched for "accredited colleges" and got several listings, one of which was St. Regis. Documents obtained by DOI establish that Chief O'Gara communicated with St. Regis via the Web site in April 2002. The Chief stated that he was "drawn to St. Regis" because of the published testimonials from people in the military, who claimed to have used its degrees for promotions.

He submitted through the Web site an essay about his Houston Police Department experience as well as information about his experience with the FDNY. St. Regis informed him that he qualified for a "Bachelor of Science Degree in Criminal Justice." Battalion Chief O'Gara paid $550 by credit card for the degree.

The Chief said he had some concerns about whether his degree would be accepted because it was an "on-line process." He asked St. Regis to send a copy of his transcript to the FDNY Tenure Desk. But prior to buying the degree, he said, he contacted the Tenure Desk and asked FDNY employee Gloria Aiken if an on-line accredited college would meet the agency's requirements. He was told that it would, but said he doubted she had actually verified the information. He called again.

Another Tenure Desk employee, Debbie Crosky Smith, had several telephone conversations with Chief O'Gara in which she questioned the validity of his St. Regis degree.

'Need It in Writing'

According to Chief O'Gara, she approved it, but he did not trust her judgment and asked to speak to a supervisor. He said he gave the supervisor, Victor Herbert, the Web site of St. Regis, background on how he obtained the degree, and asked for verification that it would suffice for FDNY promotions.

In a subsequent phone call, Chief O'Gara said, Mr. Herbert confirmed that St. Regis met the FDNY requirements. The Chief asked to get it in writing, and said he got one letter that wasn't specific enough, and then got a second letter from Mr. Herbert, dated May 20, 2002, that clearly indicated his degree was acceptable.

DOI interviewed Mr. Herbert. He recalled his telephone conversation with Chief O'Gara differently. He said Chief O'Gara contacted him by phone "in last-minute mode" about accreditation. Mr. Herbert testified that he thought that Mr. O'Gara was referring to Regis College - a fully accredited institution in Massachusetts. His claim is supported by his letter, which states that the bachelor's degree from "Regis College" fulfills FDNY requirements.

O'Gara First

The DOI said it appeared that Chief O'Gara was the first to purchase a degree from St. Regis. Chief O'Gara said he recommended the university to Chiefs Howe, Ferro and Woods. He also told Captain Sloan, who had formerly been a Lieutenant with him at Engine 204 in Brooklyn.

Most of the Chiefs who subsequently submitted St. Regis degrees had them rejected and later obtained legitimate college credits. Chief O'Gara said he only passed on information about the on-line university after receiving confirmation from Mr. Herbert that it was approved by the FDNY.