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Former Trooper Wynder Guilty in LEEBA Fraud Got 40 Months a Year ago now Release Opposed

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Jan 15 – Kenneth Wynder, a former New York State Trooper and former president of the Law Enforcement Employees Benevolent Association is charged with defrauding union members by misappropriating money from LEEBA’s Annuity Fund. 

 On February 23, 2021 U.S. District Court for the Southern District of New York Judge P. Kevin Castel had a proceeding. Inner City Press covered it. 

Jump cut to April 18, 2023, when Wynder and his co-defendant and their three lawyers were again before Judge Castel. With a health issue of counsel resolved, a trial date was set in May.

On May 22, the jury was selected and opening arguments were held. Inner City Press was there in the gallery, as were a number of AUSAs and others. Wynder's lawyer, thankfully over health problem though supported by a cane, said his client had had tax problems, and sloppy record keeping - but had fought for his members.

Andrew Brown's lawyer, who called him Drew, said his client had nothing to do with Wynder's tax problem, nor Dallas Cowboy tickets. One of these things is not like the others, he told the jurors, quoting Sesame Street.

On May 23, a witness recounted, with a letter to Brown on the screen, how the LEEBA account was moved away from Oppenheimer. Judge Castel  had the court reporter read back an answer.

On May 24, Drew Brown's lawyer, who in openings quoted Sesame Street, was cross examining a witness about her email that it was "excellent" to receive LEEBA's money. Then accountant Russell Furey was called to the stand by the government.

On May 25, the US pursuant to a stipulation with the defendants read for the jury portions of Wynder's February 21, 2019 deposition where he said LEEBA had offices at 80 Broad Street and in Briarcliff Manor and said he made $180,000 a year from LEEBA ($125,000 in 2017), and on top of that his police pension. Then other documents were proffered... One of these things, as they said, is not like the others.

Then they were conviction of KENNETH WYNDER Jr., a former New York State Trooper and the president of the Law Enforcement Employees Benevolent Association (“LEEBA”), a labor union for law enforcement officers employed by the City of New York (the “City”), and ANDREW BROWN, a/k/a “Drew Brown,” the former financial advisor for LEEBA, for defrauding union members by misappropriating money from LEEBA’s Annuity Fund.  WYNDER was also convicted of personal income tax evasion and conspiring to evade federal taxes, including payroll taxes owed by LEEBA and its employees.  Steven Whittick, LEEBA’s former treasurer and a former police officer for New York City’s Department of Environmental Protection (“DEP”), previously pled guilty to conspiring to commit tax evasion and making false statements to law enforcement."

On January 3, Wynder's lawyer wrote in to ask for no jail time - home incarceration - while the Probation Department recommends 54 months, on a guideline of 70 to 87 months.

On January 10, the US Attorney's Office wrote in requesting sentencing "consistent with the recommendations of the Probation Department" - that is, 54 months.

Wynder got 40 months - and a year later requested compassionate release. On January 15, 2025 the US Attorney's Office opposed release, while noting that it has not received a view from union members.

 The case is USA v. Wynder, Jr. et al., 1:20-cr-470 (Castel)

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