Representative Independent Monitoring Experience

Getnick Law was appointed by a Federal Judge as the Monitor of The New York Racing Association, Inc. (“NYRA”), pursuant to the terms of a deferred prosecution agreement between NYRA and the U.S. Attorney’s Office for the Eastern District of New York. NYRA was charged with multiple federal crimes, including conspiracy to defraud the United States and aiding and abetting false tax filings.

Getnick Law monitored NYRA’s daily activities and operations to ensure that NYRA complied fully with the terms of the agreement and all relevant laws and regulations, to deter and report upon unethical or illegal conduct by NYRA, and to suggest structural reforms where appropriate.

In carrying out the Court’s mandate, Getnick Law assembled a multi-disciplinary team of attorneys, forensic auditors and investigators and maintained an on-site presence at each of NYRA’s three racetracks. The firm monitored and reported on all aspects of NYRA’s business, from corporate governance and business operations to activities on the backstretch.

Over the course of the monitorship, Getnick Law worked closely with the New York State Comptroller’s Office and the U.S. Attorney’s Office for the Eastern District of New York. Upon the conclusion of the monitorship, the Comptroller of the State of New York extolled the Getnick & Getnick LLP team “for their unfailing integrity, expertise, dedication and business acumen during the course of this monitorship.

Following an alleged union bribery incident involving one of its employees, a New York City plumbing contractor entered into an agreement with the New York City School Construction Authority (“SCA”) that led to the multi-year retention of Getnick Law to monitor the company. In that role, Getnick Law: (i) conducted a financial audit and investigation of the company; (ii) drafted and assisted in the implementation of a Code of Business Ethics; (iii) conducted employee compliance training; (iv) monitored job sites on a rotational basis; (v) reviewed payment requisitions, change order requests, payroll reports and other information submitted by the firm to the SCA; (vi) oversaw aspects of the hiring of employees and consultants; (vii) monitored the performance of workers from labor coalitions; and (viii) conducted discrete investigations of prevailing wage compliance by subcontractors.

The New York City Department of Investigation (“DOI”) appointed Getnick Law to monitor a major elevator company following the indictment of numerous City elevator inspectors for taking bribes.

In its effort to guard against bribery, the Getnick Law team conducted an ongoing review of employee expense reports and petty cash transactions, a customer gift analysis, and a review of the company’s estimating and bidding procedures. Subjects of jobsite monitoring included code of conduct compliance, evidence of drug or alcohol abuse, and attempts to solicit bribes.

The Getnick Law team also addressed the company’s relationship with labor coalitions which sought to exploit the company. Getnick Law undertook investigative activity, coordinating with the DOI and the NYPD Major Case Squad. As a result, the company successfully terminated its relationship with those coalitions.

After an asbestos abatement company was suspended from contracting with the New York City School Construction Authority (“SCA”) for allegedly submitting false invoices, violating the prevailing wage law, and stealing property from City schools, Getnick Law was retained to monitor the activities of the company. In that capacity, Getnick Law designed a code of ethics, undertook a financial audit and investigation, acted as an informal mediator to facilitate resolution of multiple lawsuits by workers against the company for non-payment of prevailing wages, and acted as liaison with the company’s customers, including the SCA, assisting the company in organizing records required to expedite payment of receivables.

Getnick Law was appointed by the City of New York to monitor a private carting company engaged in the collection, removal, and disposal of construction and demolition debris, as well as other commercial waste. Getnick Law was authorized to monitor and investigate all aspects of the carter’s business and operations. Getnick Law reviewed the company’s business records, evaluated its accounting systems, interviewed its customers and employees, and conducted field and site visits to investigate specific issues and areas of concern.