NEW YORK CITY DEPARTMENT OF INVESTIGATION
ROSE GILL HEARN
COMMISSIONER
JAYME NABEREZNY
INSPECTOR GENERAL
FIRE DEPARTMENT
CITY OF NEW YORK
REPORT ON THE USE BY FDNY MEMBERS
OF BOGUS DEGREES ISSUED BY ST. REGIS UNIVERSITY
JANUARY 2007
TABLE OF CONTENTS
Page
I. INTRODUCTION …………………………………………………...… 1
A. Origin of the Investigation ………………………………………...… 1
B. Summary of Findings ……………………………………………...… 1
II. FDNY REGULATIONS …………………………………….……….…. 3
A. 1998 Notice of Exam for Deputy Chief ……………………….……… 3
B. PA/ID I-97 (April 6, 2001) ……………………………………..…….. 3
C. DCAS Requirements …………………………………………………. 4
D. Foreign College or Institution ………………………………………... 4
E. Non-Collective Credits ……………………………………………….. 5
F. PONSI Credits/Life Experience …………………………….…….….. 5
III. WITNESS INTERVIEWS ……………………………………….…….... 6
A. Officers promoted without sufficient educational credentials ……...…. 6
1. Officers whose promotions were validated based
on bogus college degrees ………………………………..…...… 6
2. Officers promoted without any proof of college credits ……….. 11
B. Officers promoted based on legitimate academic credentials,
but who submitted a bogus college degree to the FDNY ……….…….. 11
C. Member who obtained the St. Regis degree prior to appointment
to the FDNY …………………………………………………….……... 20
D. The FDNY Tenure and Promotion Desks ……………………………... 21
IV. OTHER CITY AGENCY REQUIREMENTS FOR
COLLEGE CREDITS ………………………………………………..….. 22
V. ST. REGIS INDICTMENTS …………..………………………..…….... 25
VI. CONCLUSION AND RECOMMENDATIONS ………………………. 25
I. INTRODUCTION
A. Origin of the Investigation
The New York City Fire Department (FDNY) requires its members to meet
established educational requirements to qualify for hiring and promotion. The
Department of Citywide Administrative Services (DCAS) publishes the requirements for
candidates’ initial appointment to the FDNY in periodic firefighter examination
announcements. The FDNY itself sets forth the educational requirements for promotion
in orders and regulations.
1
On October 30, 2005, the New York City Department of Investigation (DOI)
learned that FDNY Battalion Chief Daniel O’Gara had previously submitted a bogus
“baccalaureate degree” to the FDNY in order to obtain his promotion to the rank of
Battalion Chief. The phony degree was issued by an entity called “St. Regis University”
(“St. Regis”), which is not an actual university and holds no educational accreditation in
the United States.
Following the discovery of O’Gara’s St. Regis degree, DOI conducted a search of
all FDNY uniformed promotion files dating back to 2002, and determined that, including
O’Gara, fourteen FDNY officers had obtained purported degrees from either St. Regis or
one of its “affiliates,”
2
and submitted these degrees to the FDNY either when seeking
appointment to the FDNY or when seeking promotions. Consequently, DOI’s
investigation expanded beyond Chief O’Gara to include the following thirteen additional
FDNY members: Battalion Chief John Polly, Battalion Chief Gary Esposito, Deputy
Chief Paul Ferro, Deputy Chief Richard Howe, Captain Lawrence Sloan, Captain Donald
Brown, Captain Martin Cass, Captain Mark Barra, Captain Edward O’Donnell, Captain
Thomas Fitzgerald, Lieutenant Ralph Talarico, Lieutenant Matthew Zitz and Firefighter
Mark Thalheimer. This report sets forth DOI’s findings regarding the use of phony St.
Regis degrees by FDNY members, as well as policy and procedure recommendations to
address identified administrative issues.
B. Summary of Findings
According to its website,
www.stregis.com, St. Regis operated out of the Republic
of Liberia as an “online distance learning institution” accredited by the “Liberian
Ministry of Education that has various affiliations and satellites throughout the world.”
DOI has established that St. Regis, which operated under a number of bogus university
names or “affiliates,” was not an educational institution but was in the business of selling
1
These educational requirements are discussed in detail, infra, at pages 3-5 and the Exhibits cited therein.
2
On its website, St Regis gave interested parties the ability to purchase degrees bearing the name of St.
Regis or one of a number of so-called affiliates, such as ‘Hartland University,” “New Manhattan
University,” “America West University,” and “St Lourdes University.” As with St. Regis, none of these
affiliates were real educational institutions.
1
fraudulent academic credentials, and that St. Regis “satellites” were, in fact, only post
office boxes at locations throughout the United States.
DOI has found that all fourteen FDNY members it investigated purchased St.
Regis degrees and attempted to use them to meet FDNY educational requirements.
3
Of
these, the FDNY promoted four officers without sufficient proof of required college
credits. The FDNY promoted three of these four officers, Battalion Chief Daniel O’Gara,
Deputy Chief Richard Howe, and Deputy Chief Paul Ferro, based on their submission of
bogus degrees from St. Regis. While the FDNY rejected a St. Regis “degree” submitted
by a fourth officer, Captain Edward O’Donnell, it nevertheless promoted him without
documentation of the requisite college credits.
Nine of the remaining officers, Battalion Chief John Polly, Battalion Chief Gary
Esposito, Captain Lawrence Sloan, Captain Donald Brown, Captain Martin Cass, Captain
Mark Barra, Captain Thomas Fitzgerald, Lieutenant Ralph Talarico and Lieutenant
Matthew Zitz, purchased false and misleading academic credentials from St. Regis and
submitted them to the FDNY for their promotions. The FDNY rejected their St. Regis
college degrees, but the officers were promoted because they obtained the requisite
college credits from legitimately accredited academic institutions.
One current FDNY Firefighter, Mark Thalheimer, sought to use a St. Regis
“affiliate” degree prior to graduation from the Fire Academy to meet the minimum
educational requirements set by DCAS to be appointed as a firefighter. While the FDNY
rejected his St. Regis college degree, Thalheimer was hired because he obtained the
requisite college credits from a legitimately accredited academic institution.
DOI’s findings to date lead to the conclusion that these individuals directly
violated FDNY regulations, which require candidates for hiring or promotion to submit to
the FDNY proof of college credits from an accredited institution.
This Report is based on interviews of FDNY personnel, FDNY records and
FDNY regulations, all obtained in conjunction with this investigation. It provides an
overview of applicable FDNY regulations and orders and summarizes the testimony
3
One FDNY Battalion Chief whose name surfaced in this investigation did not ultimately try to obtain a
promotion with the FDNY based on bogus qualifications. This Battalion Chief told DOI that he first
learned of “St. Regis University” from O’Gara. The Battalion Chief never actually purchased or received a
degree from St. Regis, but prior to his November 2004 promotion to Battalion Chief, he wrote and
submitted an e-mail to St. Regis that detailed his life experience in a three to four page essay. St. Regis
documents indicate that the Battalion Chief sent this e-mail to St. Regis on August 31, 2002. In response to
his submission, St. Regis told him that if he sent them approximately $600, he would qualify for the
“Bachelor of Science degree in Business Management.” Thereafter, in August 2002, the Battalion Chief
called the FDNY Bureau of Personnel and was informed that the FDNY did not accept St. Regis degrees.
The Battalion Chief then abandoned his quest for a St. Regis degree. St. Regis documents establish that the
Battalion Chief never paid for or received a degree. Ultimately, he was legitimately appointed to Battalion
Chief based on the number of college and PONSI credits that he submitted to the FDNY Tenure Desk by
the time he took the Battalion Chief exam in 2004. Because this officer never ultimately pursued a St.
Regis degree, he is not identified or discussed further in this report.
2
given by the FDNY members involved, each of whom offered an account as to when,
why, and how he obtained the degree that was submitted for his promotion.
II. FDNY REGULATIONS
As far back as 1998, the FDNY has had educational requirements for promotion.
The promotional candidate must satisfy the educational requirements in effect on the date
on which the Notice of Examination for that particular civil service title was published.
A. 1998 Notice of Exam for Deputy Chief
The 1998 Notice of Examination for Deputy Chief requires candidates to have
received forty (40) college credits from an accredited university by the end of their one-
year probationary period.
4
A subsequent amendment to this Notice of Exam emphasized
the accreditation part of this requirement by stating explicitly that the college credit
requirement can be met only with credits from an accredited college or institution.
Department Order #71, 7/9/99.
5
B. PA/ID 71-97 (April 6, 2001)
Educational requirements for promotion to Deputy Chief and several other FDNY
ranks are set forth in Personnel Administration/Informational Directive (PA/ID) 1-97,
which generally requires that in order to be considered for promotion to the rank of “Fire
Marshal, Lieutenant, Supervising Fire Marshal, Captain, Battalion Chief or Deputy Chief,
members must meet the specific educational requirements for each rank one month prior
to date of promotion.”
6
The April 2001 PA/ID spells out the mechanics and substance of this educational
precondition on several provisions relevant here, among them:
3.1 It is the responsibility of the member to be aware of the
educational requirements of the rank to which the member wishes
to be promoted and to have fulfilled those requirements no later
than one month prior to the date of promotion.
3.2 To satisfy the specific educational requirements for promotion, the
member must have attended an accredited college or university and
obtained the required credits. Official proof of completion must be
provided to the Bureau of Personnel no later than one month prior
to the date of promotion.
4
See Exhibit 1 attached hereto.
5
See Exhibit 2 attached hereto
6
See Exhibit 3 attached hereto
3
3.2.1 If the member has previously attended an accredited college or
university and has the credits needed to meet the requirement for
promotion, it is the member’s responsibility to have the
college/university forward an official transcript of courses taken
and credits earned directly to the Bureau of Personnel.
3.2.2 If the member wishes to have FDNY Fire Academy, EMS
Academy or other training-related courses considered for college
credit, the member must enroll at an accredited college or
university. The college or university will determine which of these
courses will be awarded college credit and how many credits
should be awarded. The number of credits awarded may vary
according to the college/university’s policy. It is the member’s
responsibility to arrange for his/her official FDNY transcript to be
submitted to the college or university he/she attends (see Section 5
of the PA/ID).
7
C. DCAS Requirements
DCAS periodically publishes a “Notice of Examination” for the position of
firefighter. On September 25, 2002, DCAS published a “Second Amended Notice” for
Firefighter Exam no. 2043 to be held on December 16, 2002. The Notice provides that in
order to qualify for appointment, the prospective firefighter must have “successfully
completed 30 semester credits from an accredited college or university” by the date of
appointment.
8
D. Foreign College or Institution.
On February 14, 2003, the FDNY issued Department Order No. 12, to address
specifically credits earned at a foreign college or university. This order requires those
candidates who have foreign credits to have them evaluated by an approved foreign
education evaluation service. This evaluation was to be completed before the Tenure
Desk could verify if the candidate could be promoted. In particular, Department Order
No. 12 states:
All candidates for promotion that are submitting college credits earned at a
foreign college or university in order to meet the educational requirement
for promotion need to have the credits evaluated.
The promotion desk has
a list of approved foreign education evaluation services that will evaluate
the credits that have been obtained from a foreign college or university.
This evaluation must be performed before the promotion desk can verify if
7
Id.
8
See Exhibit 4 attached hereto.
4
the candidate has the necessary college credits needed for promotion.
9
(Emphasis original).
E.
Non-Collective Credits.
A subsequent December 2004 revision to PA/ID 1-97 amended Section 3.2. It sets
forth circumstances in which a promotion candidate may meet the FDNY’s college credit
requirement with non-collegiate credits.
10
As revised, Section 3.2 now reads:
3.2 To satisfy the specific educational requirements for promotion, the
member must have the required college credits by passing accredited
college or university courses or have satisfactorily completed non-
collegiate training programs offered by the FDNY that have been
evaluated by the Program on Non-Collegiate Sponsored Instruction
(PONSI) with College level credit recommendations having been made.
(Emphasis added).
3.3 Official proof of completion must be provided to the Bureau of Personnel
no later than one month prior to the date of promotion.
F. PONSI Credits/Life Experience
Non-collegiate training programs that are offered by the FDNY have been
evaluated by the Program on Non-Collegiate Sponsored Instruction (PONSI) with
college-level credit recommendations having been made.
PA/ID 1-97, 4.3 states:
It should be noted that PONSI proposed credit recommendations, but
colleges and universities are under no obligation to honor them.
A PONSI recommendation is not binding on colleges or universities. An
FDNY member who wished to use life experience to obtain college credit
has an obligation to discuss his/her FDNY training, life experience,
previous professional training and/or coursework with an accredited
college or university to determine the number of credits they are prepared
to award.” (PA/ID 4.3) (Emphasis added).
9
See Exhibit 5 attached hereto.
10
See Exhibit 6 attached hereto.
5
III. WITNESS INTERVIEWS
DOI interviewed all of the FDNY members who submitted bogus St. Regis degrees
to the FDNY. The following is a summary of these interviews, which this Report divides
into three subsections, as set forth below:
A. Officers promoted without sufficient educational credentials.
B. Officers promoted based on legitimate academic credentials, but who
submitted a bogus college degree to the FDNY.
C. Member who obtained the St. Regis degree prior to appointment to the
FDNY.
The witness summaries appear within each subsection chronologically, based on
when each witness learned about St. Regis.
DOI also interviewed FDNY personnel assigned to the “Tenure and Promotion
Desks.” Both desks are staffed by the same uniformed FDNY personnel. They are
responsible for assuring: (1) that those new FDNY members who received tenure on
completion of their first year service meet all FDNY requirements, and (2) those FDNY
members who are seeking promotion have fulfilled all FDNY requirements, including
educational requirements. A summary of interviews related to the Tenure and Promotion
Desks appears in subsection D below.
A. Officers promoted without sufficient educational credentials
As was noted above, the FDNY promoted four officers without sufficient proof of
required college credits. The FDNY promoted three of these four officers, Battalion
Chief Daniel O’Gara, Deputy Chief Richard Howe, and Deputy Chief Paul Ferro, based
on their submission of bogus degrees from St. Regis. While the FDNY rejected a St.
Regis degree submitted by the fourth officer, Captain Edward O’Donnell, it nevertheless
promoted him without documentation of the requisite college credits.
1. Officers whose promotions were validated based on bogus
college degrees
Battalion Chief Daniel O’Gara
DOI interviewed Chief Daniel O’Gara under oath on December 6, 2005. O’Gara
is a Battalion Chief who has been employed by the Department since 1979. He was a
Houston, Texas police officer before joining the FDNY. He took the Battalion Chief
6
exam in 1999 and was promoted in March 2002. At that time, Battalion Chiefs were
required to have obtained 40 college credits before they could be promoted. O’Gara
admitted to DOI that he had only 12 FDNY PONSI credits at that time, and thus was
ineligible for promotion. O’Gara also admitted that he was aware of the provisions of
PA/ID 1-97, which required all candidates for promotion to submit proof of the requisite
college credits from accredited colleges.
Chief O’Gara testified that he first became aware of St. Regis in 2002 through a
friend, who was not an FDNY employee. When his friend suggested that O’Gara look
into online degree programs, O’Gara went on the internet, searched for “accredited
colleges,” and came across several online schools, one of which was St. Regis.
Documents obtained by DOI establish that O’Gara communicated with St. Regis via the
website in April 2002. O’Gara stated that he was “drawn to St. Regis,” because of the
published testimonials from people in the military, who claimed to have used St. Regis
degrees for promotions.
Through its website, O’Gara provided St. Regis with his Houston Police
Department experience as well as information about his experience with the FDNY. In
response, St. Regis informed O’Gara that he would qualify for a “Bachelor of Science
degree in Criminal Justice.” O’Gara paid $550 by credit card for this degree.
O’Gara admitted that he had some concerns about whether his “degree” would be
accepted because it was “an online process” and “not a brick and mortar school.” Despite
these concerns, O’Gara admitted that he called St. Regis to request that a copy of his
“transcript” be sent to the FDNY Tenure Desk.
11
This transcript was retrieved by DOI
from O’Gara’s FDNY promotion file. O’Gara claimed that prior to purchasing the degree
from St. Regis, he contacted the FDNY Tenure and Promotions Desk and had several
conversations with Tenure Desk employee Gloria Aiken. O’Gara stated that he told
Aiken that he went online “to an accredited college” and asked her if his degree met the
requirements of PA/ID 1-97. O’Gara stated that Ms. Aiken advised him that his degree
would meet the requirements of the PA/ID. However, O’Gara admitted that he did not
believe that Ms. Aiken took any steps to confirm whether St. Regis was actually
accredited. In fact, O’Gara didn’t think that the FDNY had “looked into it like [I] would
have preferred.”
Another Tenure Desk employee, Debbie Crosky Smith, had several telephone
conversations with O’Gara in which she questioned the validity of his St. Regis degree.
According to O’Gara, he did not trust Ms. Smith’s judgment and requested to speak to a
supervisor. The supervisor who O’Gara contacted was Victor Herbert. O’Gara said to
Mr. Herbert, “I went on the internet, put in the accredited colleges. This [St. Regis] came
up.” He asked whether the St. Regis degree met FDNY educational requirements for the
promotional exam. O’Gara stated he provided Mr. Herbert with the website address and
asked him to check it out for him. O’Gara called Mr. Herbert back a few days later and
claimed that he was informed by Mr. Herbert that St. Regis met the FDNY requirements.
O’Gara then requested Mr. Herbert put that in writing.
11
See Exhibit 7 attached hereto.
7
O’Gara testified that he received a letter from Mr. Herbert, which stated that his
St. Regis degree “should” meet the FDNY requirements. O’Gara was not satisfied with
this language because he didn’t want “any gray area.” He immediately called Mr.
Herbert back and confronted him about the language. According to O’Gara, Mr. Herbert
told him that he would have another more suitable letter sent out immediately. O’Gara
was unable to produce the “first” letter, stating that he no longer had it. The “second”
letter from Victor Herbert is dated May 20, 2002 – a full month after O’Gara had paid for
his St. Regis degree.
12
O’Gara stated that once he was in receipt of the letter from Victor
Herbert, he “felt totally comfortable” with the St. Regis degree that he had obtained.
DOI interviewed Debbie Crosky Smith. She confirmed that she had several
telephone conversations with O’Gara. She told DOI that when she questioned the validity
of his St. Regis degree, O’Gara became very upset.
DOI also interviewed Victor Herbert. He had no recollection of sending a “first
letter” as O’Gara testified. Herbert also recalls his telephone conversation with O’Gara
differently. Herbert told DOI that O’Gara contacted him by phone “in last minute mode”
and asked him “if I could help him with this issue of accreditation.” Herbert asked
O’Gara what school he had gone to and whether O’Gara had any indication that it was an
accredited school. Herbert testified that he thought that O’Gara was referring to Regis
College, an accredited institution in Massachusetts. Notably, Herbert’s letter supports his
recollection. In it Herbert states:
As discussed in our recent telephone conversation. The requirement for
promotion to the rank of battalion chief is a bachelor’s degree. Your
Bachelor of Science degree in criminal justice … from Regis College
fulfils that requirement …. (Emphasis supplied).
Herbert further stated that it was O’Gara’s responsibility to determine if the school was
accredited because “we [the Fire and Life Safety Division] were not in the business of
verifying accreditation.” According to Herbert, his response to O’Gara meant that “if
you are telling me this is an accredited institution, it seems to me that it meets the
language of the PA/ID as currently written. But I am not in an authoritative position to
say to you, therefore, you will be promoted.”
It appears that O’Gara was the first to purchase a degree from St. Regis, of the
fourteen FDNY officers (counting O’Gara) who eventually bought the bogus degrees. By
his own admission, O’Gara recommended St. Regis to Chiefs Richard Howe, Paul Ferro
and Kevin Woods. He also told Captain Lawrence Sloan, who had formerly been a
Lieutenant under O’Gara at Engine 204 in Brooklyn, about buying on-line degrees from
St. Regis.
12
See Exhibit 8 attached hereto.
8
Deputy Chief Richard Howe
Richard Howe is a Deputy Chief who has been with the FDNY since 1979. He
took the Deputy Chief exam in 1998 and was promoted in August 2002. At that time,
Deputy Chiefs were required to have obtained 40 college credits before they could be
promoted. Richard Howe had no college credit at that time. Therefore, Howe was
promoted by the FDNY without having met the requirement for promotion.
Chief Howe told investigators that he first heard of St. Regis through Daniel
O’Gara. Around the time when Howe was promoted in September 2002, O’Gara told
Howe that he had obtained a degree from St. Regis and it was approved by the FDNY.
After this conversation, Howe visited the St. Regis website and wrote and submitted an
essay about his personal information and work experience.” He received an e-mail
notification from St. Regis stating that based on his essay he would qualify for an
“Associate Degree of Arts in Fire Science Management.” Howe stated that he did not
remember how much or by what method he paid for his St. Regis degree. St. Regis
records obtained by DOI indicate that Howe paid $551 for the degree on October 1, 2002.
St. Regis records dated October 2002 also indicate that Howe requested a graduation date
of June 2001,” which was fourteen months prior to his promotion. Thus, the backdated
degree created the false impression that Howe had complied with Department Order 24,
which required him to have 40 credits before reaching one year in the rank.
Upon receipt of his “Associate Degree” from St. Regis in October 2002, Howe
made a request to St. Regis that they forward his transcript to Gloria Aiken at the FDNY
Tenure Desk. Inside his FDNY promotion/tenure file was an undated post-it note that
stated “call him to advise him that this degree is unacceptable.” Another notation in the
file indicated that someone had called Richard Howe on February 2, 2003, and left a
message for him. Howe asserted that it was not until June 2003 that he was notified by
the FDNY Tenure Desk that his degree from St. Regis was unacceptable. Upon learning
this, Howe reached out to Daniel O’Gara. O’Gara advised him that it was “no problem,”
the FDNY had accepted his St. Regis degree, and he had a letter stating that he is in
compliance with “all the regulations that they want.” O’Gara then provided Howe with a
copy of the Victor Herbert letter. O’Gara advised Howe to show it to the Tenure Desk.
Howe then called the Uniformed Fire Officers Association (“UFOA”) and was advised to
send everything, including O’Gara’s letter, to the FDNY Bureau of Personnel. Howe did
as he was instructed by the UFOA. He told DOI that he assumed that his degree was
accepted by the FDNY because he was granted tenure in the title of Deputy Chief on
September 8, 2003.
In his interview with DOI, Howe admitted his contacts with the St. Regis website
in all respects except he denied requesting the backdated graduation date. He also
admitted to investigators that he never took any coursework or tests to obtain his degree.
He simply wrote “just an essay or so answering questions and entering data from my
training at work” and paid a fee. He also never took any steps to determine the
legitimacy of the degree, even when issues with it were raised. He claimed that he
9
purchased it because his “buddy [O’Gara]…did all the fact work, looked into it and said
it was fine.”
Deputy Chief Paul Ferro
Paul Ferro is a Deputy Chief who has been working for the FDNY since 1981.
He took the Deputy Chief exam in 1998 and was promoted on September 10, 2001. At
that time, Deputy Chiefs were required to have obtained 40 college credits before they
could be promoted. Paul Ferro had no college credits at that time. Paul Ferro was
promoted to Deputy Chief without having met the requirements set by the FDNY.
Chief Ferro told DOI investigators that he first heard of St. Regis through Chief
Daniel O’Gara. He stated that “around the time when he was promoted” in September
2001, O’Gara told him that he had obtained a degree from St. Regis and it was approved
by the FDNY. St. Regis documents indicate that Ferro’s initial contact with the St. Regis
website was in November 2002, more than one year after his promotion. Ferro visited
the St. Regis website and submitted information listing the training courses he had taken
at the FDNY, his experience as an electrician, and his prior service in the U.S. Navy.
With that, he received an “Associate of Applied Science Degree in Fire Science
Management” from “America West University” which was one of the “university”
options on the St. Regis website. He admitted that he never took any classes or wrote any
papers to earn credits toward his degree. St. Regis records indicate that Ferro paid $500
for the degree on November 12, 2002. St. Regis records dated November 2002 also
indicate that Ferro requested a backdated graduation date of June 5, 2001. This request
reflects Ferro’s attempt to comply with PA/ID 1-97, which requires candidates to have
obtained their college credits before they are in title for one year. Ferro obtained a degree
that showed he satisfied those credit requirements three months prior to his promotion,
when, in fact, he did not satisfy the promotional requirements. In his interview with DOI,
Ferro admitted the contacts with the St. Regis website in all respects, but denied
requesting a backdated graduation date.
Ferro admitted that he took no steps to verify the legitimacy of this St. Regis
degree. He stated that he was just going by the letter that O’Gara had received from
Victor Herbert. But, Ferro did admit he was concerned enough to make a few calls to the
FDNY about using life experience to obtain college credit. Ferro stated that he discussed
St. Regis with Dr. Stephan Hittmann (Director of Fire and Life Safety) and asked about:
the whole online thing – going online and getting these credits, are we
going to accept that and [Hittmann’s] answer was we’re checking it out
now, something to that effect, and we’re going to have somebody get back
to you. Somebody did call me back and said they are accepting life service
credits and I’m pretty sure they mentioned St. Regis as well.
Ferro received his transcript from America West University, a St. Regis
University affiliate, and hand delivered it to the FDNY Tenure Desk in November 2002,
over one year after he received his promotion to Deputy Chief.
10
2. Officers promoted without any proof of college credits
Captain Edward O’Donnell
Edward O’Donnell is a Captain who has been with the FDNY since 1987. He
took the Captain’s exam in June 2002, and was promoted to Captain in November 2004
without possessing the required college credits. At the time of his promotion, Captains
were required to have obtained 60 college credits before they could be promoted.
O’Donnell had 16 legitimate college credits from Nassau Community College and 17
PONSI credits that could have been converted into legitimate college credits. He needed
at least 27 more college credits to be promoted to Captain.
Captain O’Donnell first heard of St. Regis “sometime between the Captain’s
exam and his promotion” through word of mouth in the firehouse kitchen. St. Regis
documents indicate that O’Donnell first corresponded with them in December 2002. He
stated that he went to the website and “typed up a transcript” of his life experience. He
further stated that he included his prior work experience as a coach, a printer and a
recovery worker at the World Trade Center as well as 16 valid college credits that he had
previously earned from Nassau Community College. He stated that he was told by St.
Regis that their degrees would be accepted by the FDNY. He then paid approximately
$600 to receive a “Bachelor of Business Administration in Business Management” from
Hartland University. He admitted that he enrolled in no coursework to obtain his degree.
O’Donnell had his Hartland transcript sent to the FDNY Tenure Desk. On his Hartland
University transcript, O’Donnell received a grade of A- for a course in Business Law
worth 4 credits. O’Donnell stated he had no life experience in the legal field, but offered
that his neighbor is a lawyer and that they speak frequently.
In 2003, O’Donnell received a letter from Gloria Aiken at the FDNY Tenure Desk
stating that the FDNY was not accepting his degree. He stated that did not make him
especially curious about the legitimacy of the degree he had purchased, but rather
O’Donnell stated that he “tried to find out what they do accept.” O’Donnell stated that he
was angry that he had paid $600 for a degree that was not accepted by the FDNY so he
called St. Regis to ask for a refund. According to O’Donnell, in two days he received a
full refund.
B. Officers promoted based on legitimate academic credentials, but who
submitted a bogus college degree to the FDNY.
Captain Donald Brown
Donald Brown is a Captain who has been with the FDNY since 1985. He was a
New York City Police Officer prior to joining the FDNY. He took the Captain’s exam in
1997 and was promoted to Captain in September 2000. At that time, Captains were
11
required to have obtained 24 college credits before they could be promoted. Captain
Brown had 24 valid college credits from Empire State College and PONSI.
Captain Brown first heard of St. Regis University in early 2001, after he had been
promoted to Captain, from Battalion Chief Richard Howe. Brown stated that he was told
by Howe that he could obtain a degree over the internet based on “life experience.”
Howe also advised him that Dr. Stephen Hittmann had stated that St. Regis degrees were
being accepted. Based on this information, Brown then went online in October 2002,
almost two years after he was promoted to Captain, to the St. Regis website and applied
by writing an essay on his “life story.” In response, St. Regis informed him by e-mail
that he would be granted a “Bachelor of Science Degree in Fire Science.” He received a
transcript containing a list of courses that Brown said he believed were based on his life
experience essay. Captain Brown admitted that he never took any courses for these
credits. Furthermore, he admitted that he had submitted no statements regarding any
relevant life experience for subjects which appeared on the transcript such as “Natural
Science,” “Calculus,” “Freshman Composition” and “U.S. History.”
Captain Brown admitted that he obtained the degree from St. Regis for “future
promotional exams” for Battalion Chief and Deputy Chief. According to St. Regis
documents, Brown requested that his transcript be sent to the FDNY in October of 2002.
Although he was never notified that this transcript had been received by FDNY, he was
eventually told by the Tenure Desk that his degree from St. Regis would not be accepted.
Upon learning this, Captain Brown told Captain John Dunne, the UFOA Captain
Representative, that his degree had been rejected by FDNY. Brown also wrote a letter
stating that he felt that it was unfair that the FDNY had “changed the rules” with regard
to obtaining credits from foreign universities. According to Brown, the PA/ID in 1997
did not mention anything about foreign universities, which is what he assumed this
degree to be. Brown stated that Dunne spoke to Chief Edward Moriarty on his behalf but
that FDNY continued to take the position that the degree was “no good.”
Captain Martin Cass
Captain Martin Cass has been with the FDNY since 1984. He was a New York
City Police Officer prior to joining the FDNY. He took the FDNY Captain’s exam in
June 2002, and was promoted to Captain in October 2003. At that time, Captains were
required to have obtained 60 college credits before they could be promoted. Captain Cass
had been granted a total of 74 PONSI credits from a combination of his police and fire
academy work and various training that he obtained from the Federal Emergency
Management Agency (“FEMA”). These credits were converted into legitimate college
credits through Excelsior and Frederick Community Colleges in February 2003, after
Cass took the Captain’s exam.
Captain Cass told investigators that he first heard of St. Regis through Captain
Donald Brown. He stated that Captain Brown had explored St. Regis’ online program
and that Cass believed that the FDNY was accepting St. Regis degrees to meet the
promotion requirements as set forth in PA/ID 1-97 (2001). Captain Cass stated he
12
thought St. Regis to be an “online university” where one would be awarded college credit
based on life experiences. He first contacted St. Regis by visiting their website in
November 2002, after taking the Captain’s exam. On that website, he filled out an
application form and wrote his “life story.” St. Regis replied that based on his
submission, he would qualify for a “Bachelor of Science Degree in Fire Science.”
According to documents that DOI obtained from St. Regis, Cass paid $695 for his
“Bachelor’s Degree in Fire Science.” He admitted to investigators that although his St.
Regis transcript indicated that he had received a grade of “A” in calculus for 5 credits, he
had done no work in calculus nor had he described any experience in calculus in his life
story. Similarly, his St. Regis transcript indicated that he received a grade of “B” in
“World Literature II” for 4 credits, yet he admitted that he submitted nothing in his life
experience essay relevant to World Literature.
Captain Cass stated that he requested that St. Regis send an “official” copy of his
transcript to the FDNY Tenure Desk. Shortly after the FDNY received this transcript,
Cass was informed by the Tenure Desk that it was not accepted, according to Cass,
because FDNY “changed the requirements for accreditation.” When Cass was informed
that his St. Regis degree was not accepted by the Fire Department, he stated that he
“pursued other avenues” such as having his PONSI credits transferred by Excelsior
and/or Frederick Community College. His Excelsior and Frederick College transcripts
indicate that his PONSI credits were converted into college credits in February 2003,
after Cass attempted to use his St. Regis degree to fulfill the FDNY’s college credit
requirement.
Captain Mark Barra
Captain Mark Barra has been with the FDNY since 1987. He was a New York
City Police Officer prior to joining the FDNY. He took the Captain’s exam in June 2002,
and was promoted to Captain in July 2005. At that time, Captains were required to have
obtained 60 college credits before they could be promoted. Before he was promoted,
Captain Barra had been granted a total of 65 PONSI credits from a combination of his
Police and Fire Academy work and various training that he had received from the Federal
Emergency Management Agency (“FEMA”). These credits were converted into college
credits through Excelsior and Frederick Community Colleges, both of which are
accredited colleges.
Captain Barra first learned of St. Regis University from Battalion Chief Daniel
O’Gara. Barra stated that he was told by O’Gara that he had received a degree from St.
Regis for “life experience credits.” Barra asked O’Gara if St. Regis was an accredited
school because he was concerned whether the FDNY would accept credits from a foreign
institution. O’Gara responded that he “had a letter from the job stating that it was
[accredited].”
In December, 2002, Captain Barra went to the St. Regis website and began the
application process for the degree. He stated that he wrote about “his life history from
13
high school” as well as his prior work experience as a welder and pipe fitter. He also
recalled entering information about his FDNY PONSI and NYPD credits. Based on the
information that Barra provided online, he was informed by St. Regis that he was
qualified to receive a “Bachelor of Science Degree in Fire Science Management.” He
stated that he paid between $500 and $700 by credit card for this degree and within
weeks received a transcript and diploma from St. Regis.
Captain Barra also admitted to investigators that he did not take any courses for
his St. Regis degree. He admitted to investigators that although his St. Regis transcript
indicated that he had received a grade of “A” in Calculus for 5 credits, he had done no
coursework in Calculus. He claimed, however, that he obtained relevant life experience
by attending trade schools when he was younger, which he said “had a lot to do with
math.” Similarly, even though his St. Regis transcript indicated that he had received
college credit and grades for classes such as Freshman Composition, U.S. History,
Natural Science, and Social and Behavioral Science, he admitted that he had never done
any work to earn those credits. Barra never informed anyone at the FDNY that he had
not done any coursework to obtain his St. Regis degree.
Once Barra paid for this degree, he requested St. Regis forward his transcript to
the FDNY Tenure Desk. When the FDNY received his transcript from St. Regis in
December 2002, Barra was advised that since St. Regis was a foreign institution, he
would have to have the credits evaluated by either Globe Language Services
13
or World
Educational Service. Although he did not remember which one, Captain Barra stated that
he paid between $100 and $200 to have one of these services evaluate his credits. He
was told that his credits could not be verified, prompting him to realize that “he had been
ripped off.” He had his PONSI credits converted into college credits by Excelsior
College.
13
Globe Language Service (“Globe”) is located in Lower Manhattan. It is a company that one can utilize
to perform a variety of services such as translation of documents and evaluation of foreign degrees for a
fee. Vino Bangaru, the Executive Director of Evaluation Services from Globe Language Service, was
interviewed by DOI on January 17, 2006. She stated that she had contact with approximately six FDNY
employees during 2001-2003 in regard to St. Regis degrees, and stated this was the first and only time she
had seen St. Regis degrees. She stated that all of the employees told her that they were seeking to be
promoted with their FDNY degrees. Ms. Banguru stated that after looking at the physical degrees and
transcripts that were brought to Globe by the FDNY officers for evaluation, she was able to immediately
determine that they were bogus. She was immediately suspicious because the FDNY members who
requested evaluations of the St. Regis documents were “atypical” Globe clients in that they were
Americans who possessed degrees allegedly granted in Liberia. Ms. Bangaru went to the St. Regis website
and saw that it was recognized but not accredited with the “Government of Liberia,” whereas the usual
accrediting body for a foreign institution is that country’s Ministry of Education. She also checked the
International Universities Handbook, which lists foreign accredited educational institutions, and found no
listing for St. Regis. She also said the transcripts and diplomas, which had blurry ink, coupled with the
“beautiful leather binders” appeared odd in an obvious way. Ms. Bangaru stated that the FDNY employees
were all told that Globe would not evaluate their “degrees” because St. Regis was not an accredited
institution.
14
Lieutenant Matthew Zitz
Lieutenant Matthew Zitz has been with the FDNY since 1992. He was a New
York City Transit Police Officer prior to joining the FDNY. He took the Lieutenant’s
exam in 2002 and was promoted to Lieutenant in February 2003. At that time,
Lieutenants were required to have obtained 40 college credits before they could be
promoted. Matthew Zitz has 40 college credits from Excelsior College dated February
2003, which he received by transferring his FDNY training courses.
Zitz first heard of St. Regis “through the grapevine” although he claimed that he
does not know anyone else who had actually received a degree from St. Regis. St. Regis
documents indicate that Zitz first corresponded with them in January 2003. He stated
that he contacted St. Regis by phone and described his life experience. Based on this
conversation, Zitz was told by St. Regis that he was qualified to receive a “Master’s
Degree in Fire Science Management.” Zitz has no Bachelor’s Degree, nor has he ever
attended college. He paid approximately $821 to receive his Master’s Degree.
Zitz received a copy of the transcript from St. Regis and was told that he would be
able to “make corrections” to it as needed. He did not do so. He requested that an
official copy of his transcript be sent to the FDNY. When the FDNY received that
transcript, Zitz was advised that the degree would not be accepted. Zitz stated that he had
previously spoken to Dean Tow, FDNY Director of Candidate Investigation, who
allegedly stated “whatever you get is good with me. Just get accredited and I’ll accept
it.” Zitz assumed that “accredited” meant that he should get the credits evaluated so that
the FDNY would accept them. He stated that he looked in the phone book and decided to
take his transcript to “SDR Educational Consultants” in Lower Manhattan. Zitz felt a
sense of urgency because he needed his credits accepted by the FDNY by February 2003
in order to be promoted. Zitz provided a document to DOI dated January 27, 2003, from
SDR stating that his credentials from St. Regis had been “evaluated” and that he had
completed the requisite studies for a “Master of Science Management” which would be
“similar to a program of traditional study and research leading to the Master of Fire
Science degree in the U.S.” SDR charged Zitz a fee of $300 for this service. As part of
this investigation, DOI attempted to contact SDR, but they were no longer in business.
Zitz presented the SDR document to the FDNY, but he was again told that the
Master’s Degree would not be accepted. Zitz stated that he and Chief Edward Moriarty,
who was the Chief in Charge of Personnel, met with Dean Tow. At that meeting,
according to Zitz, Tow denied ever having spoken to Zitz previously. Moriarty then told
Zitz that there was nothing further that he could do and advised Zitz to have his 40
PONSI credits transferred by Excelsior by the time he was promoted.
Captain Thomas Fitzgerald
Captain Thomas Fitzgerald has been with the FDNY since 1987. He took the
Captain’s exam in 2002 and was promoted in May 2003. At that time, Captains were
15
required to have obtained 60 college credits before they could be promoted. As of
February 2003, Thomas Fitzgerald had 39 valid college credits from Excelsior College;
37 credits from Frederick Community College for his FEMA training; and 4 credits from
Empire State College. Fitzgerald was properly promoted with 80 total credits.
Captain Fitzgerald stated that he first heard of St. Regis from Lieutenants Martin
Cass and Donald Brown. St. Regis documents indicate that Fitzgerald’s first
communication with them was in November 2002, before his promotion to Captain.
Fitzgerald stated that he went to the website and “wrote something about his life
experience” with both the FDNY and previous jobs, including his work for a tile and
marble company. He stated that he paid approximately $500 for a “Bachelor of Science
in Fire Science Management.” Also, in this e-mail, Fitzgerald requested that a transcript
be sent to the FDNY Tenure Desk and that all correspondence to him be sent in care of
Martin Cass at Cass’s home address. Fitzgerald claimed he did so because, “someone
would always be home at Cass’s residence to receive mail.”
By his own admission, Fitzgerald was skeptical about St. Regis simply because he
had to pay money for the degree, but he nevertheless went through the process of
purchasing a degree. In January 2003, Fitzgerald was informed by the FDNY Tenure
Desk that his St. Regis degree would not be accepted and he would not be promoted the
following month. But he also said that the Tenure Desk told him that he could “get the
degree accredited by another agency,” which he recollected to be Globe Language
Services. Fitzgerald contacted Globe, but could not recall much of his interaction with
the service except that “at the end they told me they can’t help.” When Fitzgerald
reached this “dead end” with Globe, that is when he had his FEMA and PONSI credits
transferred so that he could be promoted to Captain. In order to advance in the future to
the rank of Deputy Chief, Fitzgerald acknowledged that he would need to have a
Bachelors degree.
Captain Lawrence Sloan
. Lawrence Sloan is a Captain who has been with the FDNY since 1990. He was a
New York City Police Officer prior to joining the FDNY. He took the FDNY Captain’s
exam in 2002 and was promoted to Captain in January 2004. At that time, Captains were
required to have obtained 60 college credits prior to promotion.
Captain Sloan stated he first became aware of “St. Regis University” from a flyer
that was posted on the bulletin board at Engine Company 204 in Brooklyn. He recalled
that flyer advertising an online degree program. He was also told about St. Regis by
Battalion Chief Daniel O’Gara. According to Sloan, O’Gara told him that his “degree”
was from St. Regis and that he had a letter from FDNY stating that the degree was being
accepted. After the discussion with O’Gara, Sloan went online and looked into St. Regis.
St. Regis documents indicate Sloan’s initial contact on the website was in July 2002. He
stated that he needed this degree to “get enough credits to go on in his career.” Sloan
stated that he “is not a computer literate person, but it [St. Regis’s website] was that
simple.” He indicated that there were a number of “colleges” advertised on the website
16
from which he could choose to purchase a degree. He also indicated that the St. Regis
website contained testimonials from others who used the service and represented that St.
Regis was “accredited” and “guaranteed.” Sloan stated that he wrote and submitted a
two-page essay on the website describing his “life experience,” and paid $562 by credit
card to purchase a degree from “New Manhattan University.” Sloan stated that he chose
New Manhattan University because “as a firefighter I spent most of my time in midtown
Manhattan.”
After purchasing his degree, Captain Sloan then received a transcript from “New
Manhattan University” that reflected grades and courses, and that awarded him a
“Bachelor of Business Administration in Fire Science.” He admitted he took no courses
or tests. Sloan received grades of A and B+ on the transcript, which Captain Sloan
thought were a very accurate reflection of his life experience. For example, “New
Manhattan University” awarded him a grade of B+ for a course called “Wildland Fire
Management.” He told investigators that he did not have any experience in “Wildland
Fire Management.” However, he stated the credits were justified because he has “read
books on the subject in the past.” He also contended that a course in “Wellness for Life”
dealt with wildfires.
After he reviewed the transcript, he requested that St. Regis send his New
Manhattan University official transcript to the FDNY. He stated that before he actually
had the transcript sent to FDNY, he called the Fire and Life Safety Office and
subsequently spoke to a “doctor” (whose name he could not recall) at Fort Totten. He
told the “doctor” that he had been trying to call FDNY Headquarters to determine if this
degree would be accepted but that no one had a “clue what was going on.” Sloan stated
that the “doctor” told him that they “were working on correcting which way we’re going
with St. Regis degrees.”
After his “official” transcript arrived at the Tenure Desk, Sloan received a letter
from the FDNY stating that he had to bring his transcript to “another college to be
accredited.” At that point Sloan stated that he decided not to do that, and he “gave up on
St. Regis and went with his other credits.” Sloan has a total of 62 valid credits from
Suffolk Community College, an accredited college, which include his FDNY and NYPD
Academy credits. These credits were forwarded to the FDNY in January 2003. Sloan
stated to investigators that, although he did not need the St. Regis credits for the
promotion to Captain, he had sought the St. Regis degree in order “to get enough credits”
to qualify for the next promotional level.
Battalion Chief John Polly
Battalion Chief John Polly has been with the FDNY since 1992. He took the
Battalion Chief exam in 2004 and was promoted in November 2005. At that time,
Battalion Chiefs were required to have obtained 80 college credits before they could be
promoted. John Polly has 80 college credits on file with the FDNY.
17
Chief Polly told investigators that he first heard of St. Regis from a retired
firefighter named Fred Cappetta. Polly stated that Cappetta was on light duty at FDNY
headquarters, had gone to the Tenure Desk and had found out that the FDNY was
accepting St. Regis degrees to meet promotional requirements. Cappetta told Polly that
St. Regis was a website promoting online degrees “that the job was accepting.”
According to St. Regis documents, Chief Polly’s first contact with the site was in
December 2002, prior to taking the Battalion Chief exam. Polly stated that he went to the
St. Regis University website and submitted a paper detailing his life experience. He also
claimed that he submitted the credits that he had earned from St. John’s to St. Regis.
When asked about the life experience paper that he had written, Polly thought he
had “mentioned being a fireman.” He also wrote about his experience as a union laborer
and operating engineer because he thought, “that type of experience would be more
valuable for a degree.” After submitting his paper on his life experience through the
website, Polly received a transcript by e-mail that he said he could proof-read and make
changes if needed.
Polly admitted to investigators that he had no life experience relevant to the
courses listed in the transcript and did not take any courses in subjects such as Esthetics
of Sound and Broadcasting. Polly stated that he “felt no need to edit [the transcript]
because it added up to the proper number of credits and a Bachelor’s Degree.” He then
paid $750.00 by credit card and two weeks later received a Bachelor of Science Degree in
Communications from St. Lourdes University which was “awarded” on June 5, 2000.
Polly denied asking St. Regis for that specific graduation date.
When asked if he did anything at all to determine the legitimacy of the school,
Polly stated the he thought “if the job accepted it, they were the ones who must have
investigated it.” He thought it was a legitimate university, even though he did not know
physically where it was, because the home page contained “lawyer language.” Polly
stated that nothing about St. Regis struck him as odd, but rather was a “pretty easy way to
get a degree.”
When he received his degree he noticed that it contained a raised seal from the
Republic of Liberia. This discovery did strike Chief Polly as odd, yet he did nothing to
stop it from being submitted to the FDNY. He had previously requested that St. Regis
send an official transcript to the Tenure Desk. Polly claimed that he never called the
FDNY and asked if his transcript had been received, but rather had Fred Cappetta go to
the Tenure Desk for him. After he had gone to the Tenure Desk, Cappetta informed Polly
that the FDNY was no longer accepting St. Regis degrees. Polly then went to “Plan B”
which he described as having to “study for [promotional] exams and take FEMA classes
online” for credits.
Battalion Chief Gary Esposito
Battalion Chief Gary Esposito has been with the FDNY since 1987. He took the
Battalion Chief exam in January 2005 and was promoted in October 2005. At that time,
18
Battalion Chiefs were required to have obtained 80 college credits before they could be
promoted. Gary Esposito has a total of 81 documented college credits, including 24
credits from Iona College, 32 credits from Frederick Community College and 3 credits
from St. John’s University.
Chief Esposito told investigators that he first heard of St. Regis through retired
firefighter Fred Cappetta. When Esposito was a captain studying for the Battalion Chief
exam, Cappetta told him about a website that was giving college credit for life experience
that “was being accepted by the job.” After this conversation, Esposito visited the St.
Regis website, wrote and submitted an essay stating “why [he] deserved these life
credits.” It was his understanding that St. Regis would determine what degree he was
entitled to based on the life experience he included in his essay. He requested a Business
degree based on the courses that he had taken in college. Esposito stated that after he
paid several hundred dollars by credit card he received a St. Regis Bachelor of Arts in
Business Management degree. St. Regis records obtained by DOI indicate that Esposito
paid $661.50 for the degree on January 10, 2003. St. Regis records also indicate that
Esposito received a graduation date of December 2002. Esposito admitted to investigators
that he never took any coursework or tests to obtain his degree beyond writing an essay
about his life experience.
Upon receipt of his bachelor’s degree from St. Regis in 2003, Esposito also
requested that St. Regis forward his transcript to the FDNY Tenure Desk because “that
was the point of this.” According to Esposito, he never followed up with the Tenure
Desk to affirm that his transcripts were received.
About eight months later, prior to taking the exam for Battalion Chief in 2005,
Esposito called Gloria Aiken at the FDNY Tenure Desk for a “status check” on his
credits. Esposito claimed that Gloria Aiken told him that he had a total of 48 credits on
file with the FDNY. Esposito claimed that he never asked Aiken about his St. Regis
degree and, conversely, that she never told him that his St. Regis degree would not be
accepted by the FDNY. He also stated that Aiken sent him an official list of his PONSI
credits.
At about the same time, Esposito stated that Fred Cappetta told Esposito that he
was informed by Captain Edward O’Donnell that that “the job” was no longer accepting
St. Regis degrees. Esposito spoke to O’Donnell and learned that he had received a refund
for his St. Regis degree. Esposito decided to pursue a refund and within days received a
money order for the full purchase price.
When asked if he did anything to determine the legitimacy of St. Regis
University, Esposito stated that he “was not going to ask where St. Regis was” yet he
insisted that he found it “odd that Hittmann was accepting credits” from St. Regis
because at the time even he “questioned why the job would be accepting life experience
credits.” Esposito never spoke directly to Hittmann, but “heard that the guy who runs
training said these credits were good to go.” When asked about his motivation for
19
purchasing a degree from St. Regis, Esposito stated that “[I] was able to do this and have
the job leave me alone.”
Lt. Ralph Talarico
Ralph Talarico is a Lieutenant who has been with the FDNY since 1996. He
took the Lieutenant exam in 2002 and was promoted in May 2003. At that time,
Lieutenants were required to have obtained 40 college credits before they could be
promoted. Ralph Talarico stated to investigators that he possesses a total of 40 college
credits. In his promotion file, which was obtained from FDNY, there is documentation
for 28 credits from Frederick Community College, 10 credits from Empire State College
and 2 credits from the College of Staten Island.
Talarico stated that he first heard of St. Regis in January 2003 “through the
firehouse grapevine.” He was in Ladder 161 in Staten Island at that time. Regarding St.
Regis, other firefighters had told Talarico that “guys have been using this and it’s been
working.” Talarico stated that he went online to the St. Regis website and filled out a
“basic” application which took him about a half an hour. He remembers the website
stating that St. Regis was an accredited foreign college. Talarico did not recall writing an
essay on his life experience or even mentioning the fact that he was a firefighter with
previous college credit. He merely chose the degree that he wanted, paid about $800 and
within two weeks received by mail a Bachelor of Arts degree in Communications.
Talarico recalled hand delivering his St. Regis transcript to Debbie Crosky-Smith
at the FDNY Tenure Desk in February 2003. According to Talarico, Smith took one look
at the transcript and “said it was no good.” She refused to accept the transcript from him
and he walked away. Talarico never questioned why his degree wasn’t being accepted
and did not ask for a refund from St. Regis.
C. Member who obtained the St. Regis Degree prior to appointment to the
FDNY
Firefighter Mark Thalheimer
Mark Thalheimer is a Firefighter who was appointed to the FDNY in March 2004.
He took the Firefighter exam in 1999. At that time, incoming Firefighters were required
to have obtained 30 college credits before they could be hired by the FDNY. Mark
Thalheimer stated to investigators that he possesses a total of 32 college credits from
FEMA courses that he had taken online from Frederick Community College. In his
personnel file, which was obtained from FDNY, there is an original course transcript
from Hartland University, a St. Regis affiliate, indicating that Firefighter Thalhaimer had
obtained a Bachelor of Science in Communications degree in June 2000.
Firefighter Thalheimer told investigators that he first heard of St. Regis through
retired Firefighter Fred Cappetta in 2003. Thalheimer had received a letter from the
20
FDNY Candidate Investigation Division informing him that he must have obtained 30
college credits, before his appointment. Thalheimer stated to investigators that he had
tried to obtain college credits, but was having a difficult time because of his work
schedule. His mother-in-law then contacted Fred Cappetta. Cappetta told Thalheimer
that he could help him out but that “he couldn’t guarantee that it would work.” Cappetta
did mention however that members “taking promotional tests were using [St. Regis] and
getting away with it.” Thalheimer stated that he believed what he was told by Cappetta,
went onto the St. Regis website and “entered almost everything he did in [his] entire
life.” On that website, he was able to choose which college he wanted his “degree” to be
granted from. He chose Hartland University. Based upon the life experience that he
submitted, Hartland informed Thalheimer which credits and/or degree he was eligible to
receive. He stated that he did not review or make changes to the transcript, simply that
he didn’t “go too deep, once I got this I was done with it. I had my college credits.” St.
Regis records indicate that Thalheimer paid $731.00 for his degree in January 2003.
Thalheimer stated that within a month after he paid he received an official transcript and
a diploma in a leather binder by mail. Thalheimer admitted that he was able to choose a
graduation date for his Hartland degree and he chose 2000. He admitted that he never
wrote any papers or took any courses to obtain his degree.
Firefighter Thalheimer brought his Hartland University transcript with him to a
meeting with his candidate investigator at the FDNY. FDNY records indicate that
Thalheimer’s meeting with his candidate investigator was in May 2003. According to
Thalheimer, about a month after this meeting, the investigator, Yvette Pabon, called
Thalheimer and informed him that Hartland University was not a legitimate institution
and the FDNY would not accept the degree. Pabon asked if Thalheimer knew that
Hartland was in Africa. He told her he had “no clue.” She then told him that he needed
to get the required 30 credits before he was appointed.
Admittedly anxious and fairly close to appointment with the FDNY, Thalheimer
then began to search for methods of obtaining college credits – other than actually
attending college courses. He told investigators that he “knew there was no way [I] was
gonna go to college for thirty credits in that short of period of time, that’s when I came
across FEMA credits.”
D. The FDNY Tenure and Promotion Desks
As was noted above, the FDNY Tenure and Promotion Desks are staffed by the
same uniformed FDNY personnel. They are responsible for assuring: (1) that those new
FDNY members who received tenure on completion of their first year of service meet all
FDNY requirements, and (2) those FDNY members who are seeking promotion have
fulfilled all FDNY requirements, including educational requirements.
In January 2003, Debbie Crosky Smith, a staff analyst at the Tenure Desk, began
to raise questions about the legitimacy of St. Regis. By that time, the FDNY had already
21
accepted St. Regis degrees from O’Gara (May 2002), Howe (October 2002) and Ferro
(November 2002).
In her testimony before DOI, Smith recalled questioning both the St. Regis
degrees of O’Gara and Howe that she received. Smith checked the Higher Education
Directory and could not find St. Regis University listed as an accredited institution.
14
Smith stated that in the last few years, the FDNY has relied upon the Higher Education
Directory alone to verify college degrees received from candidates. She then asked her
former supervisor, Dean Tow, if he knew anything about St. Regis.
15
DOI interviewed
Dean Tow, the Director of Candidate Investigations, who stated that in response to
Smith’s question, he requested information from St. Regis about their “degree program”
and received a response from them stating, in essence, that St. Regis was not a United
States university, but could be evaluated by an “outside agency” to achieve equivalency
to a degree granted from a U.S. institution.
16
Tow then forwarded the St. Regis response
to Smith and he did nothing further on the matter. In his DOI interview, Tow espoused
no view, one way or the other, about the response from St. Regis.
The FDNY began rejecting St. Regis degrees and rejected them from Brown,
Cass, Barra, O’Donnell, Zitz, and Sloan. In July 2003, the FDNY Tenure Desk began
questioning how to handle uniformed personnel who were already promoted based on
their St. Regis degrees. Records obtained by DOI show that Personnel Chief Moriarty
forwarded Staff Analyst Debbie Crosky Smith a handwritten note dated July 21, 2003,
regarding O’Gara’s promotion to Battalion Chief. This note stated that the FDNY would
not revoke O’Gara’s promotion. It referenced an FDNY Order that would make clear the
procedures that FDNY would use in the future to evaluate St.Regis degrees.
17
In
response to this note, Smith e-mailed Moriarty questioning what would happen if other
officers received promotions based on St. Regis degrees that the FDNY already accepted,
but her question was never answered.
IV. OTHER CITY AGENCY REQUIREMENTS FOR COLLEGE CREDITS
As part of its investigation, DOI obtained and reviewed a list of all persons who
bought degrees from St. Regis or one of its affiliates. DOI cross checked all of the names
14
The Higher Education Directory lists all institutions of higher learning which are fully accredited by U.S.
educational standards.
15
Smith began working at the FDNY Tenure Desk in August 2003, however she was not the clerk who
accepted academic credentials that were submitted for promotion by officers.
16
See St. Regis University Letter dated January 21, 2003, attached as Exhibit 9.
17
Moriarty was referring to Department Order No. 12 dated 2/14/03 which states “[all] candidates for
promotion that are submitting college credits earned at a foreign college or university in order to meet the
educational requirement for promotion need to have the credits evaluated. The promotion desk has a list of
approved foreign education evaluation services that will evaluate the credits that have been obtained from a
foreign college or university. This evaluation must be performed before the promotion desk can verify if
the candidate has the necessary college credits needed for promotion.
22
on the list with the names of New York City employees in the Payroll Management
System (“PMS”). The only City employees who purchased these bogus degrees were
FDNY members.
DOI then examined how several other New York City agencies handled
educational requirements for hiring and promotion. At the New York City Department of
Correction (“DOC”), 60 college credits are needed to become a Correction Officer.
However, if a candidate has a total of 39 college credits, he/she is permitted to enter the
academy. The Corrections Academy awards 21 college credits upon completion. DOC
also awards 1.75 credits for each year of service that an employee completes. All
promotions require that the employee have the 60 credits.
DOC’s Applicant Investigation Unit is required to confirm each degree with the
college. If the college is in a foreign country that the Unit cannot contact, they use Globe
Language Service to assist with verification.
The New York City Department of Probation (“DOP”) requires Probation
Officers to possess a Bachelor’s Degree with a minimum of 30 credits in sociology, law,
social work, guidance counseling, psychology, education, criminal justice, rehabilitation
counseling or any related subject. These same requirements hold true for promotional
purposes with DOP, however, advanced degrees are preferred.
According to DOC/DOP as a general rule they do not accept foreign diplomas.
While foreign diplomas are rarely accepted, a candidate submitting a foreign diploma
must have it translated and evaluated by World Education Services, who assesses its
American equivalent and provides a breakdown of the courses.
18
For domestic diplomas
DOC/DOP asks that the candidate bring the original diploma with the school seal along
with an original transcript. Copies are taken and maintained by DOC/DOP. In the event
that the candidate does not have the original diploma, DOC/DOP sends a verification
letter directly to the school.
The New York City Police Department (“NYPD”) requires candidates to have
completed 60 college credits before they can be hired. The NYPD Academy awards 28
college credits upon completion. 64 college credits are needed for promotion to
Sergeant, 96 credits are needed for promotion to Lieutenant, and a Bachelor’s degree is
needed for promotion to Captain and above.
The NYPD Education Tracking Unit has four staff members who verify 5000 to
6000 degrees per year, including those needed for uniformed promotions. The Unit
confirms all degrees and transcripts with the schools as well as confirming the
accreditation status of those schools. DOI was told by a member of the Education
Tracking Unit that applicants with foreign degrees are automatically advised to obtain an
18
A “translation” of a diploma is distinct from verifying it directly with the issuing institution. A
translation of a diploma is not a verification although World Educational Services told DOI that they do
attempt to verify foreign diplomas to the extent they are able in any given case.
23
evaluation - an assessment of its American equivalent and a breakdown of the courses -
from either Globe or World Education Services. The NYPD relies on those evaluations.
The Department of Health and Mental Health (DOHMH) reports the following in
connection with verifying foreign and domestic diplomas:
Domestic degrees: DOHMH requires the applicant to produce the original
diploma and, in cases where a particular course of study is a requirement of the position,
an original transcript. In general, DOHMH has not verified with issuing institutions the
authenticity of the documents. From time-to-time, DOHMH has verified diplomas if
there are suspicious circumstances or other "red flags" have appeared. DOHMH is
currently in the process of reevaluating whether its procedures should include verification
of domestic degrees and will seek DOI assistance in policy development.
Foreign degrees: The Department of Citywide Administrative Services (DCAS)
has a list of approved services that translate and evaluate foreign diplomas. The
DOHMH applicants are provided the list and required, at their own cost, to employ one
of the services. The evaluations are submitted to DOHMH directly by the approved
service. DOI was informed that the evaluation service includes, among other things, a
verification of the authenticity of the diplomas.
DCAS reports the following in connection with verification of diplomas:
Foreign degrees: DCAS makes available to the candidate a list of diploma
evaluation services that the candidate can contact. The candidate is supposed to provide
his original diploma (and transcripts) to the service, which examines the original diploma
for authenticity. The various services will translate the language on the diplomas. They
will then evaluate and rate the diploma based on their experience and knowledge of the
foreign schools and their courses. The service will also assess the foreign degree to give
an evaluation of how the degree matches with a domestic degree. The services are
evaluation services and so they will generally not contact the schools and verify the
individual diploma. The service conducts the evaluation and sends the results directly to
DCAS. The candidate pays the cost of the evaluation.
Domestic diplomas: For the domestic diplomas, the candidate is required to
submit an original diploma with a raised seal. DCAS will send a letter to the
school to obtain verification that it is authentic.
DOI met with representatives of Globe and World Evaluation Services. Both
report having a myriad of reference sources available to them and staff who possess
expertise in evaluating the authenticity of documents and the level of education they
reflect. World reports that they make every attempt to verify degrees directly with the
institution, while Globe does not. Globe relies strictly on their internal evaluations.
24
V. ST. REGIS INDICTMENTS
According to public records, the founders of Saint Regis - Dixie and Steven
Randock Sr. - were indicted last year on charges of conspiring to commit wire and mail
fraud and money laundering connected to their internet “diploma” business. According to
the indictment, St. Regis University had no legitimate faculty members, offered no
legitimate academic curriculum services, required no course or class work and was not
recognized by the U.S. Department of Education. Six additional employees of their
“diploma mill” were also charged with various related crimes. Named in the indictment
was Dixie Randock's daughter, Heidi Kae Lorhan, who did not have a high school
diploma, but who was listed as having a PhD on various of the diploma mill’s websites
and worked as an "evaluator" for applicants in order to determine what type of fraudulent
academic credentials would be sold to the applicant. Others named in the indictment
listed themselves as “Provost” and “Chief Academic Officer” of St. Regis University.
The cases are pending in federal court in the Eastern District of the state of Washington.
VI. CONCLUSIONS AND RECOMMENDATIONS
Fourteen FDNY members purchased bogus St. Regis degrees to obtain
promotions or to be hired by the FDNY. The degrees were not based on any coursework,
nor did the degrees reflect any real life experiences. The officers simply paid for a piece
of paper. Records show some had St. Regis or its “affiliate” back-date the “degree”
awarded, so that the officer could comply with the PA/ID and make them eligible for
promotion.
The FDNY officers even obtained fabricated St. Regis transcripts, which
represented false “grades” ostensibly earned for specific courses. The officers never
enrolled or attended in any of the course that appeared on their St. Regis transcripts. In
fact, all of the officers admitted that they did no work beyond writing a short, life
experience essay. They all received a college degree, and, in one case, a Master’s
Degree, without having to take the time or make a commitment to do college level work.
Rather, they obtained their degrees by filling out simple, on-line forms and paying the
requisite fee.
The FDNY’s acceptance of “life experience degrees” without sufficient
regulations or oversight was the catalyst for activity, which was dubious at best, and in
some cases simply dishonest. O’Gara appears to have initiated the conduct and he
became a “carrier,” spreading the idea to others. The “degrees” that were accepted by the
FDNY in 2002 and 2003 were clearly from an unaccredited institution and were utterly
worthless, yet the FDNY Tenure Desk took no steps to verify their authenticity, which
enabled the activity to flourish. During this time period, the FDNY relied upon a May
2002 letter from Victor Herbert that referred to Regis College, an actual college in
Massachusetts, to legitimize O’Gara’s “St. Regis” on-line degree. No further steps were
taken to verify if St. Regis was, in fact, an accredited institution until January 2003, when
Debbie Crosky Smith began questioning the degrees.
25
The FDNY cannot rely on the Higher Education Directory alone for verification
of educational credentials. The FDNY must institute a proactive direct verification
process for each educational institution – both foreign and domestic. The FDNY Tenure
and Promotion Desks should make direct contact with the institution via letter to confirm
that the student does, in fact, possess a degree from that institution. The FDNY could
also subscribe to a contract verification service that performs this work for a minimal fee.
Finally, the FDNY must be proactive in researching all credits and degrees that are
presented to them, especially those that raise suspicions.
Since 9/11, the FDNY has had to make promotions with greater frequency to
replenish the ranks at all levels. This has presented a special challenge to those seeking
promotion to meet the educational requirements of the Fire Department. This challenge
has been compounded by the fact that over time, the educational requirements for each
rank have increased substantially. During the time period relevant to this investigation,
candidates joining the FDNY were required to have 30 college credits at the time they
were appointed. The requirement was reduced to 15 credits in 2006. Similarly, all
candidates for promotion with the Department must possess additional college credits
before they advance in rank.
From the day officers enter the FDNY academy, they should be counseled and
advised on how to achieve promotions and how to achieve promotions in a timely
fashion. The FDNY should encourage candidates to be on a degree path prior to joining
the Department, to focus employees on achieving promotions which require completed
relevant studies. For example, a degree path in Fire Science would enable candidates to
attend classes that are directly related to their work. Above all, the FDNY should ensure
its employees make a commitment to acquiring higher education, so its goal of promoting
a more highly-educated workforce can be accomplished. Moreover, FDNY employees
must take advantage of the services that the Fire and Safety Division offers, such as
educational counseling and college scholarship opportunities.
The FDNY should consider not accepting academic credits based upon “life
experience,” and should instead require candidates meet degree requirements by
completing actual classroom coursework.
To the extent that City agencies accept foreign diplomas, the burden should be on
the candidate to verify the authenticity of the diploma, and by that we mean more than
having a service “evaluate” it. If a person actually graduated from a foreign university
program, there are ways they can verify that by corresponding with the foreign
institution. If the candidate cannot do that or says it is not possible, that is, if they cannot
verify their own degree, then the City agency should analyze whether such a degree
should be accepted toward the agency’s educational requirements.
26
EXHIBITS:
1. FDNY Dept Order 24, Supplement 14 (3/6/98) Notice of Exam-
Deputy Chief
2. FDNY Dept Order 71, Supplement 41 (7/9/99) Clarification of
Educational Requirements for Tenure (Promotion to Lt.,
Capt., BC, and DC)
3. PA/ID 1-97 (4/6/01) and Addendum 1 (9/10/01)
4. DCAS Posting for FDNY Recruits
5. FDNY Dept. Order 12 (2/14/03)
6. PA/ID 1/97 (12/28/04)
7. O’Gara transcript from St. Regis.
8. Victor Herbert Letter to O’Gara.
9. St. Regis University Letter
27
