Statement of Facts

Thirteen current and former Metropolitan Transit Authority (MTA) Metro

North Railroad employees are charged in indictments 1920/2015, 1922/2015, and
1923/2015 with multiple counts of Impairing the Integrity of a Government

Licensing Examination, a Class D Felony, in violation of Section 200.55 of the

New York State Penal Law. The defendants wrongfully obtained and distributed
questions and answers to tests that must be passed by Metro North Railroad
engineer and conductor candidates to obtain locomotive engineer and conductor
licenses, as well as tests that must be passed as part of the triennial recertification
process for engineers. The charged conduct occurred between November 1,
2011 and May 9, 2014 and involved eight different tests that were administered
in Grand Central Terminal in New York County. The tests are designed to test
candidates knowledge of a variety of subjects, including, but not limited to,
braking, emergency procedures, train traffic signals, speed limits, and physical
characteristics of various Metro North Railroad lines and stations. At the time
of the charged offenses, all of the shared tests were the versions in use by the
MTA. Since this investigation began, all of the above-referenced tests have been
replaced by new versions. Many of the defendants admitted to distributing tests
and answers when questioned by MTA detectives.

Indictment No. 1920/2015 charges nine prospective conductors with

multiple counts of Impairing the Integrity of a Government Licensing
Examination. Between December 2013 and May 2014, defendants MELANIE
BANNISTER, BERNICE BELL, OMAR CARILLO, DENNIS
DEGENFELDER, JOSEPH FOWLER, PATRICK JONES, SEAN
MACAULEY, JOHN TWARDY, and DONALD FINNERTY emailed
photographs of three different tests and the answers for those tests to other
conductor candidates. The tests covered topics including speed limits and safety
procedures.
In a statement to the MTA Police Department, defendant
DEGENFELDER admitted to using his cellphone to record one test, which he
accessed on his instructors computer. DEGENFELDER stated in substance
that he asked to watch an Olympic hockey game on the computer during a
classroom break, and that while he was on the computer, he noticed the file
containing the test was open, although minimized at the bottom of the screen.
DEGENFELDER admitted to maximizing the file and recording as much of
the test as he could before the instructor noticed. DEGENFELDER further
stated that he emailed the test to his classmates.

Defendant JOSEPH FOWLER admitted to the MTA Police Department

that he both received and emailed tests, stating in substance that he did not think
it was out of the ordinary, and that its known that if you live or work on the
New Haven line, this information will eventually get down to you.
Three members of a 2011 class for prospective engineers are charged in
Indictment No. 1922/2015. Between November 1, 2011 and March 26, 2013,
defendants DANIELLE BONGE, ANTHONY CARBONE, and COLTYN
REINDEL distributed by e-mail copies of three different tests to other
locomotive engineer candidates who had yet to take those tests. Those exams
covered the topics of braking procedures and tests, speed limits, safety and
emergency procedures, among others.
A search of defendant CARBONE's e-mail account, pursuant to a search
warrant, revealed that CARBONE stated in substance to a classmate, in an email
with an MTA test attached, I WOULD NOT LET TOO MANY PEOPLE
KNOW ABOUT THIS TEST. WORD GETS OUT, WE'RE DONE FOR.
DO NOT FORWARD TO ANYONE UNTIL AFTER THE PROGRAM IS
DONE. AND IF YOU DO DECIDE TO SHARE, DON'T FORWARD A
COPY WITH MY EMAIL IN IT. SEND IT FRESH AND NOT AS A
FORWARD.
Indictment No. 1923/2015 charges defendant RAYMOND FUENTES,
a 2013 engineer candidate, with two counts of Impairing the Integrity of a
Government Licensing Examination. On or about March 3, 2014, defendant
FUENTES emailed a photograph of completed answer sheets from two tests to
an engineer who had not yet taken those tests as part of Metro Norths threeyear recertification process mandated for all locomotive engineers. Those tests
related to traffic signals utilized by Metro North on its rail lines, braking
procedures and tests, speed limits, and procedures to safely address mechanical
problems on trains.