A Montgomery County roofing contractor who pled guilty to felony Workers’ Compensation and welfare fraud charges in 2017 but never appeared for sentencing was finally sentenced to 1 1/3 to 4 years in prison on each of two felony counts, to be served concurrently.
Joseph Kellogg, Sr., 51, of Amsterdam, was arrested in December in Greenfield by the Amsterdam police department with assistance from the New York State Police. In April 2017, Kellogg pled guilty in Montgomery County Court to the Workers’ Compensation crime of Failure to Secure Compensation and Offering a False Instrument for Filing in the First Degree, both felonies. He had been out on bail pending an Oct. 2, 2017 sentencing in Montgomery County Court. However, Kellogg never appeared for sentencing and a warrant was issued for his arrest.
“I applaud the Montgomery County District Attorney, the Amsterdam Police Department and the New York State Police for working to bring this individual to justice,” said Inspector General Tagliafierro. “We will continue to partner with law enforcement across the state to hold those who defraud the welfare and workers compensation systems accountable for their actions.”
“I am very happy that Mr. Kellogg has finally been sentenced,” said Montgomery County District Attorney Kelli P. McCoski. “It is unfortunate that certain individuals perpetrate fraud repeatedly thinking that they are somehow entitled to taxpayers' money. Thanks to the efforts of members of the Inspector General's Office, the Amsterdam Police Department and the New York State Police, the defendant Joseph Kellogg will be unable to continue taking that which he is not entitled to.”
Kellogg, a residential roofing contractor in Amsterdam, filed four separate building permit applications in 2015 that included fraudulent certifications stating that he had no employees and as such was exempt from obtaining Workers’ Compensation insurance. In 2013, Kellogg pleaded guilty to Offering a False Instrument for Filing in the Second Degree for filing a similar fraudulent certification.
An investigation by the Inspector General found that Kellogg indeed used several employees on his roofing job contracts related to the 2015 permit applications, at one point employing 11 individuals on two simultaneous projects. Under State law, employers are required to maintain Workers’ Compensation coverage for their employees. Subsequent to his arrest on the latest Workers’ Compensation fraud charges, Kellogg was additionally charged with felony false filings when it was determined he earned income through his contracting business, Joe’s Roofing, but failed to disclose that income in an application for food stamp benefits.
Inspector General Tagliafierro thanked the City of Amsterdam and the Montgomery County Department of Social Services for assisting with the investigation, the Amsterdam Police Department and the New York State Police for assisting with the arrest, and Montgomery County District Attorney Kelli P. McCoski and her office for prosecuting the matter.