Retired Yonkers Police officer, Robert Chomicki, recieved a sentence of probation with 10 months of home confinement after pleading guilty to a scheme that defrauded a city transfer station out of $640,000.
Chomicki, 62, of Briarcliff Manor, was involved in a three year scheme that saw his carting company underpay the A-1 Compaction transfer station by $600,000 when dumping waste. The scam involved splitting the ill-gotten proceeds with a co-conspirator, Ean Mangey. Mangey worked as a scale attendant at the transfer station. He plead guilty to the crimes in April 2023.
Over four dozen of Chomicki’s former colleagues, including some former Yonkers Police commissioners, had sought leniency for Chomicki. They noted his history of empathy and good deeds in letters to the court. While acknowledging Chomicki’s wrongdoing, they argued that it was an aberration in an otherwise commendable life of service.
However, U.S. District Judge Nelson Roman expressed his reservations about not imposing a prison sentence, highlighting that Chomicki had repeatedly engaged in the fraudulent activity despite knowing it was wrong. Defense lawyer Andrew Quinn conceded this, but argued that Chomicki’s lifetime of community service and past heroism should weigh in favor of a non-custodial sentence.
Quinn pointed to Chomicki’s Medal of Honor received in 1988 for saving three colleagues during a dangerous conflict. He characterized Chomicki’s actions in the waste scheme as a lapse in judgment, inconsistent with his overall character.
Assistant U.S. Attorney Jennifer Ong had requested a prison term within the suggested sentencing guidelines of 27 to 33 months. To support this, she cited Chomicki’s breach of his oath as a police officer and the fact that the scheme only ceased after his arrest.
Chomicki briefly addressed the court, expressing remorse for his actions and the price he was paying for them. He requested leniency to continue his community work and said that he had not defrauded his clients.
Judge Roman delivered the sentence in White Plains on Wednesday, September 20th. As part of the sentencing, Chomicki must also serve three years of supervised release. The first 10 months of which spent in home confinement. He must also forfeit the $640,783 proceeds from the scheme and pay restitution in the same amount. Ean Mangey, the co-conspirator, is liable for $192,000 in forfeiture, with Chomicki covering the remainder if Mangey cannot pay.
Judge Roman did not specify the exact reason for sparing Chomicki from prison. However, he mentioned that Chomicki is the primary caregiver for his 84 year old mother, who is battling cancer. The sentence permits Chomicki to leave home for medical appointments for himself and his mother. He will also be able to leave for work if he obtains employment.