Statement by Manhattan District Attorney Cyrus R. Vance, Jr., and DOI Commissioner Mark G. Peters Regarding Corporate Penalties Under New York State Law

December 20, 2016

“Earlier this year, Harco Construction LLC was convicted at trial of Manslaughter, Criminally Negligent Homicide, and Reckless Endangerment for the unnecessary death of 22-year-old Carlos Moncayo, who was killed at a Harco construction site because the company, its subcontractor, and their agents performed illegal construction and repeatedly ignored grievous warnings about the unsafe conditions they created. The landmark conviction of Harco Construction established for the first time, during a period of unprecedented development throughout New York City, that a company can be held criminally responsible for the death of a worker at its site. 

Today, for its role in Moncayo’s death, Harco Construction was sentenced to a $10,000 fine—the maximum penalty for any company convicted of a felony in New York State. 

For companies like Harco Construction, $10,000 is Monopoly money.

As we noted previously, a maximum penalty of $10,000 does not meaningfully deter companies from this type of misconduct. When members of the State legislature reconvene next month, we urge them to raise the maximum penalty for corporate conduct leading to death or serious physical injury. The safety of our workers and residents depends on it.”