DA Vance, MTA IG Kluger Announce Indictment of Former MTA Chief Procurement Officer


August 9, 2018

Manhattan District Attorney Cyrus R. Vance, Jr., and Metropolitan Transportation Authority (“MTA”) Inspector General Barry L. Kluger today announced the indictment of ANGEL BARBOSA, 48, the former Chief Procurement Officer of the MTA, for engaging in an iPhone procurement and resale scheme, as well as filing false documents to inflate his salary. The defendant is charged in a New York State Supreme Court indictment with Grand Larceny in the Second Degree and Attempted Grand Larceny in the Second Degree. He is charged in a second New York State Supreme Court indictment with Criminal Possession of a Forged Instrument in the Second Degree, and Offering a False Instrument for Filing in the First Degree.[1]

“New Yorkers entrust government procurement officers with enormous discretionary spending power, and demand in return that these officials spend taxpayer dollars honestly and fairly,” said District Attorney Vance. “As alleged in this case, Angel Barbosa first cheated New Yorkers out tens of thousands of dollars in the form of his falsely inflated salary, and then stole nearly $60,000 from taxpayers in a smartphone procurement-and-resale scheme. I thank the prosecutors in our Public Corruption Unit and our partners at the MTA Inspector General’s Office for their exemplary work on this joint investigation.”

MTA Inspector General Barry Kluger said: “The public has every right to demand that those entrusted with public money respect that trust and perform their duties with honesty and integrity. Those who violate that trust deserve to be prosecuted to the fullest extent, as evidenced by the indictments unsealed today. I recognize and appreciate the excellent work of my staff, and the cooperation of the MTA, which resulted in findings leading to the defendant’s dismissal from the MTA, and our referral and joint investigation with the District Attorney. I thank District Attorney Vance and his prosecutorial team for their vigorous response.”

According to the indictments, documents filed in court, and statements made on the record in court, in 2016, BARBOSA, while acting as the MTA’s Chief Procurement Officer, ordered the purchase of more than 60 iPhones, many of which were later resold for profit as part of a scheme that cost the MTA nearly $60,000. As part of the scheme, the defendant directed an MTA subordinate to purchase more than 60 iPhones from an MTA vendor. The purchase, which was not approved by the MTA and did not follow normal procurement protocols, totaled $58,153.57 for 63 iPhones that were never received nor used by MTA personnel. Instead, the iPhones were shipped directly to BARBOSA, who gave many of them to an associate to sell.

BARBOSA, who worked for the MTA as Chief Procurement Officer between 2013 and 2017, also received an inflated salary due to fraudulent filings submitted as part of his original employment application. In particular, the defendant falsely claimed that he made $30,000 more than his actual salary as a procurement manager for New York University (“NYU”) in order to obtain a higher starting salary at the MTA. To support his false claim, BARBOSA forged and filed two earnings statements from NYU that contained altered paycheck figures consistent with the false inflated salary listed on his MTA employment application. As a result, the defendant was subsequently hired at a starting salary that was significantly higher than it otherwise would have been.

BARBOSA is further charged with recruiting a friend and former colleague to work with him in the MTA’s procurement department, and coaching the individual to lie about her prior salary on the MTA employment application and to alter earnings statements from the individual’s previous employer to support his friend’s falsely inflated salary claim. As a result, BARBOSA’s friend was also hired by the MTA at an inflated starting salary that was significantly higher than it otherwise would have been.

Assistant D.A. Emily Farber is handling the prosecution of the case under the supervision of Assistant D.A. Renée Jarusinsky, Deputy Chief of the Public Corruption Unit, Assistant D.A. Luke Rettler, Chief of the Public Corruption Unit, and Executive Assistant D.A. Michael Sachs, Chief of the Investigation Division. Investigative Analyst Amanda Rutherford, former Investigative Analyst Benjamin Bleiberg, and Senior Rackets Investigator Edward Johnson, working under the supervision of Supervising Rackets Investigator Alexander Farrugia and Chief Investigator Walter Alexander, also provided valuable assistance with the investigation.

District Attorney Vance and Inspector General Kluger thanked Michael Raggi, Dimitri Jones, Marco Dias, and Ned Schwartz, all of the MTA Inspector General’s office, for their assistance with the investigation.

Defendant Information:

ANGEL BARBOSA, D.O.B. 11/8/1969
Manalapan, NJ

Charged:

  • Grand Larceny in the Second Degree, a class C felony, 1 count
  • Attempted Grand Larceny in the Second Degree, a class D felony, 1 count
  • Criminal Possession of a Forged Instrument in the Second Degree, a class D felony, 6 counts
  • Offering a False Instrument for Filing in the First Degree, a class E felony, 6 counts