D.A.: Pair didn’t pay teens workers from Freeport

Freeport teens scammed

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Two Suffolk County men have been accused of bilking high school workers, including students from Freeport High School, out of thousands of dollars in wages through their non-profit foundation. The students worked at numerous venues, including Nikon at Jones Beach Theater in Wantagh.

A Nassau County grand jury indicted 43-year-old Whelton Herron, of Brightwaters, and Amadii Owens, 32, of Wyandanch. They ran the Herron Foundation, which was created in April 2013 to aid students living in impoverished communities.
Acting Nassau County District Attorney Madeline Singas said that the defendants allegedly recruited more than 100 high school students from Freeport, Brentwood and Huntington high schools, and at least 50 students in three other states, to work at concession stands operated by Aramark Sports and Entertainment Services. Singas said nearly $30,000 is owed to the Freeport students.

According to Singas, Herron applied to the non-profit program operated by Aramark. In contracts, Herron represented that the foundation was a non-profit, tax-exempt charity seeking to “engage in fundraising for civic, charitable, religious or educational purposes through the conduct of concessions operations.” The Herron Foundation would receive commissions based on a percentage of the total sales from concessions, and Herron would provide volunteers to work at Aramark concession stands.
The contracts stated that Herron “shall not provide any compensation or benefits to its volunteers of any kind or nature in regard to their services,” however, Singas said that Herron and Owens falsely told the workers they would be paid.

The pair reportedly advertised concession employment on Craigslist to an unknown number of other victims. Contract and payment records show that students worked at Jones Beach Theater, Citi Field and numerous other venues in New York, Chicago and Houston.

In 2013 and 2014, Aramark paid the Herron Foundation more than $100,000. According to Singas, bank records show that the defendants used the money for personal purposes, including the purchase of a Mercedes Benz, travel and the creation of a golf cart web magazine.

In May 2014, Freeport High School students started working at Jones Beach and Citi Field. The following month, when students requested payment, Owens reportedly called a meeting at the Freeport Library and threatened to fire any student that alerted Aramark employees that they were owed payment by the Herron Foundation.

In July 2014, the students continued to ask for payment. This time, defendants reportedly told them that Aramark had not yet paid the Herron Foundation and that the workers would be paid when the money was received from Aramark. Some received money orders for $36, a mere fraction of their wages.

When the students informed faculty that they had not been paid, or paid for just a small fraction of the hours they worked, faculty members contacted Owens and Herron, making the same promise. Freeport Superintendent Dr. Kishore Kuncham eventually contacted the district attorney.

“That these defendants allegedly used a sham charity to pocket funds promised to teenagers who were trying to earn some honest money is despicable,” Singas said. “These defendants allegedly took money from a program intended for worthy charities, promised it to kids for their labor, and instead stole from both. I want to thank the Freeport School District for bringing this important case to our attention.”

“As soon as it was brought to our attention that a number of our students employed during the summer of 2014 by the Herron Foundation had not been compensated as promised for their work, we reached out to the Herron Foundation on their behalf in an attempt to rectify this situation,” Kuncham said.

“Once it became known that this matter was not being resolved appropriately, we contacted the Nassau County District Attorney’s office and continued to work closely with the DA’s office during their investigation,” Kuncham continued. “We thank Acting Nassau County District Attorney Madeline Singas and her team for their prompt attention and efforts to ensure the rights of our students were protected and justice will be served.”

Herron and Owens were each charged with felony counts of second-degree grand larceny, first-degree scheme to defraud and fourth-degree conspiracy. The Herron Foundation was also charged with second-degree grand larceny and first-degree scheme to defraud.

Owens, Herron and The Herron Foundation were arraigned on Aug. 13 in front of Acting Supreme Court Justice Meryl Berkowitz.

Herron and the corporate defendant were ordered held on $50,000 bond or $25,000 cash bail. Owens was held on $5,000 bond or $2,500 cash bail. Owens is scheduled to return to court on Sept. 1, and Herron and the Herron Foundation Inc. are scheduled to return on Sept. 25.

If convicted, Herron and Owens face a sentence of up to 15 years in prison, and the Herron Foundation Inc. faces a fine of up to $20,000.

Laura Schofer contributed to this story