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Ex-CYS Director Pleads Guilty

Warren County’s former Children and Youth Services director is likely to spend at least nine months behind bars as part of a negotiated plea agreement for defrauding the county of more than $60,000 between 2005 and 2014.

Kevin G. Lundeen, 49, Ripley, N.Y., entered a guilty plea Thursday morning before Senior Judge William F. Morgan.

Lundeen, who was charged last July, pleaded guilty to four counts of felony theft by unlawful taking movable property as well as 64 counts of forgery unauthorized act in writing.

The criminal complaint, filed by Conewango Township Police Chief Jason Peters, alleged that Lundeen “did exercise unlawful control over two Warren/Forest County DHS (Department of Human Services) vehicles and all benefits and costs associated with those vehicles in the amount of $44,948.”

In an attempt to hide that use, police detailed in the complaint that Lundeen “forged signatures of numerous persons (employees of Warren/Forest County DHS) on numerous documents including gas receipts, employee duty logs and travel logs on two separate… vehicles.”

Additionally, Lundeen “(used) two separate Warren/Forest County DHS gas credit cards in the amount of $23,585.

During Thursday’s proceeding, Morgan asked Lundeen if the plea was being entered of his own free will and Lundeen confirmed that it was, as well as confirming that no promise had been made to him about a potential sentence.

Morgan then walked Lundeen through each count, asking him if he understood the charge, if he admitted to the charge and how he wished to plea.

Each of the 64 counts of forgery corresponded to an employee’s name that Lundeen forged, including Human Services Director Mary Kushner. Morgan read each name with the corresponding charge.

Lundeen responded “yes” or “I do” to the first two questions for each of the 68 counts and indicated his plea of “guilty” with each one, as well.

“The court accepts the guilty plea,” said Morgan after all the charges had been read.

Lundeen’s council, Philip B. Friedman, then indicated that there were other provisions of the plea agreement, including that the prosecution recommend a period of incarceration of nine to 23 months with work-release eligibility.

The duration of the sentence, less than two years, would mean that the period of incarceration could be served at the Warren County Jail as opposed to a state facility.

Friedman then said that Lundeen has paid restitution in full. District Attorney Rob Greene confirmed that as well.

County officials indicated that the restitution was paid from Lundeen’s Warren County pension.

Morgan advised Lundeen that, for sentencing, the court is not bound by the negotiated agreement.

Lundeen resigned his position in Warren County on April 10, 2014, in order to accept the same position in Erie County. He resigned that position shortly after the charges were filed last year.

A sentencing date has yet to be determined.

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