(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced the arrests of Tyler J. Grauer, 34, of Blue Point, and Cheri Burke, 53, of Smithtown, both are Corrections Officers with the Corrections Division of the Suffolk County Sheriff’s Office. Each are separately accused of multiple counts of Falsifying Business Records in the First Degree and Official Misconduct, for allegedly taking leave under the Family and Medical Leave Act (“FMLA”) by falsely claiming that they needed to miss scheduled work shifts to care for sick relatives.
“The Family and Medical Leave Act is intended to help hard working families as they navigate difficult health situations. The allegations here are that these defendants selfishly abused this law to gain extra time off from their jobs to the detriment of their colleagues and the public,” said District Attorney Tierney. “I want to thank Sheriff Toulon for his assistance in this investigation, and for his continuing commitment to fighting public corruption.”
“The Suffolk County Sheriff’s Office has no tolerance for people taking advantage of the system and swindling taxpayers,” said Suffolk County Sheriff Errol D. Toulon, Jr. “Family medical leave is designed for employees in need due to serious family illness, and those who attempt to scam us for their own benefit will be held accountable. Make no mistake, this is not typical behavior of the hardworking men and women of the Sheriff’s Office and I want to thank the District Attorney’s Office for working with us on this investigation to hold these officers responsible for their actions.”
According to the investigation, both Grauer and Burke took leave under the FMLA on multiple occasions, each claiming that they needed to care for a close family member. However, the investigation revealed that on the dates in question, neither Grauer nor Burke were taking care of their sick relatives, but rather were engaged in other activities. For example, on certain dates that Grauer took FMLA leave, he was allegedly in New York while his sick relative was in Florida. And on certain dates that Burke took FMLA leave, her sick relative was allegedly in North Carolina, while she was in either New York or Colorado. In each instance, the defendants wrongfully received the benefit of taking time off from their respective jobs whenever they chose, and often with the consequence that another corrections officer would be required to work overtime to cover their shifts.
On December 21, 2023, Grauer and Burke were both arrested for the charges of Falsifying Business Records in the First Degree, a Class E felony and Official Misconduct, a Class A misdemeanor. Both defendants were given a desk appearance ticket to appear in court for arraignment on a future date, as required by current New York State law.
Grauer’s next court date is scheduled for January 10, 2024, in Suffolk County First District Court in Central Islip and he is being represented by Edward Palermo, Esq. Burke’s next court date is scheduled for January 9, 2024, in Southampton Town Justice Court in Hampton Bays and she is being represented by John Ray, Esq.
These cases are being prosecuted by Assistant District Attorney Stuart P. Levy of the Public Corruption Bureau, with investigative assistance from Suffolk County Deputy Sheriff Investigators Michele Bishop and Matthew Matz.