DA: Aide Deleted More Than 5,000 Files From Town Clerk Computers

Derek Foder allegedly deleted information from death certificates and marriage licenses.

Derek Foder, 27, of Malverne, was arrested Thursday morning and charged with felony computer tampering in the third degree. Credit: District Attorney's Office
Derek Foder, 27, of Malverne, was arrested Thursday morning and charged with felony computer tampering in the third degree. Credit: District Attorney's Office

Nassau County District Attorney Kathleen Rice announced Thursday that an employee of the Town of Hempstead Clerk’s Office has been arrested after he allegedly accessed the office’s computer system and deleted more than 5,000 files, including information and forms concerning marriage licenses and death certificates.

Derek Foder, 27, of Malverne, was arrested this morning by DA investigators and charged with felony computer tampering in the third degree, according to the DA's office. 

Foder faces up to four years in prison if convicted and is scheduled to be arraigned Thursday in First District Court, Hempstead.

“Mr. Foder deleted sensitive information essential to the operation of an important Town of Hempstead office,” Rice said in a release. “My office will continue to weed out those who abuse the trust placed in them by the public and ensure that they face the consequences of their actions.”

On Aug. 9, it was discovered that Foder, an office aide in the clerk’s office, had logged on to his work computer the previous day and deleted more than 5,000 files from the office’s computer database, including information about marriage licenses and death records and a folder named “Marks Facebook Pictures” which contained official TOH photos, according to the DA's office.

Former Town Clerk Mark Bonilla was convicted earlier this month of official misconduct for threatening to transfer an employee unless he was able to procure compromising photos of a female employee who was suing Bonilla for sexual harassment. Bonilla was removed from office last week.

All of the deleted files were recovered and no personal information was compromised, the DA's office said. Some of the information Foder accessed and deleted is not available to the public without a court order.

Foder told the Town of Hempstead on August 12 that he had deleted the files accidentally. He was fired the following day and the case was referred to DA Rice’s office. Foder earned more than $38,000 per year at the time of his termination, according to the DA's office. 

Assistant District Attorney Jeremy Glicksman, Chief of DA Rice’s Money Laundering & Cyber Crimes Unit, is prosecuting the case, the DA's office said. 

The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.

suzanne August 16, 2013 at 04:13 PM
What the heck is going on in the Town of Hempstead office that all these things are happening?! Sounds like it's not a very tight ship over there...
Ivan Ivanovich August 16, 2013 at 08:57 PM
Oh boy big case Jeremy glikswoman , more corrupt overcharges from the fascists at the d.a.'s Office, no loss was incurred, what crime was committed ? All the files were retrieved, get a life and stop wasting tax payer money
PD August 17, 2013 at 06:47 PM
I remember going to school with this guy years ago (Our Lady of Lourdes). He never struck me as a "do-gooder" type of kid. Serves him right, and I'm hoping for 4 full years of imprisonment for tampering with sensitive, personal information that's protected by the state. @Jack: "Corrupt overcharges"? It doesn't matter if the files were retrieved. The court must rule on the principle of the matter, and it better give Derek the maximum sentence allowed by law. No way is this merely an "accident." Five thousand files? Yeah, right. On top of that, he deleted a Facebook folder as well. Now, a Facebook folder, marriage license information, and death records would not be found all in the same place, thereby ruling out an accidental, one-button deletion. He would have to DELIBERATELY seek out the above information with intention to delete. End of story.
larry teague August 18, 2013 at 06:11 PM
this is worth taxpayer $$$$$?????
frank Lazzaro August 18, 2013 at 06:34 PM
What the hell is going on in that town of Hempstead Headquarters. Why are they hiring so many dishonest people. Don't they screen these people? Check Backgrounds on them. It's our taxpayer's money. PLUS, HIS PAY IS TOO HIGH. HE SHOULD BE GETTING NO MORE THAN 23 GRAND A YEAR. WASTE OF TOWN'S MONEY.
PD August 18, 2013 at 06:56 PM
@Frank: Pay is too high? I think that's uncalled for. How can ANYBODY expect to make a living, rent an apartment, and raise a family on Long Island off 23k a year? Insane. Even 38k is way too low. I'm really glad I moved to San Francisco where the sales tax is the SAME as Nassau County (8.75%), yet the minimum wage is $10.55 an hour. New York State, and especially Long Island, are backwards territories, and I am SO glad I got outta there!
Jack August 18, 2013 at 10:11 PM
PD your post is leftist trade union propaganda. You want us to believe you left Long Island to take a minimum wage job in San Francisco which has a much higher cost of living??? Real Estate prices are just as or even more than Long Island. Insurance premiums are expensive also. You don't make sense unless you are promoting an agenda or you followed your boyfriend out there.
frank Lazzaro August 18, 2013 at 10:53 PM
Gentleman, let's not hit below the belt. The problem with people being in debt in this county is that the families today on Long Island with their teenage kids have too many toys to play with. Everybody has two or three jobs to pay for the two or three cars in their Driveway along with the family boat, that sits there all summer long, because they can't afford the rental at the pier or the gas to fill it. Yes, I know taxes are insane here in Nassau County, and Suffolk is no better, and I'm one step in moving back to Queens, but we are all in the same boat. We need to trim down our expenses. Cut the fat. On my block, every teenager has a vehicle almost "brand new" or is new. With Mommy and Daddy co-signors, it's easy to get a new vehicle today. The problem is, down the road, it most likely gets a visit from the repo man, when the kid loses his job. This guy Derik should have been screened better in this county position, plus he's too young for the job. You need someone with more experience and responsibility. He fell through the cracks when a background check was made. He had to know someone to get that position. He lives in Malverne, that tells you something. When I was a teenager back in Richmond Hill, I had a car that was so old, I had to pray the Rosary everyday just for it to start. The problem with most young guys today, like this Derik in the county clerk's office is that they don't think, they shoot the gun off first, and then look around for the target.
PD August 18, 2013 at 11:17 PM
Very true, Frank. As for that Kett character, his post was just full of unfounded assumptions/accusations. Claiming that I don't make any sense when he obviously does not is extremely comical. I'm not even male to begin with lol. It's people like that who deserve to be imprisoned for longer than 4 years and have the house, wife, and kids taken out from under him. Completely irrational logic and fatally flawed personalities do not belong even existing on this planet. Good thing I'm going into law. Regardless, you're right about suburbia on Long Island. My mother was saying for years how it's time to just get out.
Ivan Ivanovich August 19, 2013 at 08:42 PM
Overcharging is bearing false witness, but don't expect morality from the corrupt d.a. Office or the injustice system, and the court can't rule on principles when it doesn't have any
Jack August 20, 2013 at 10:08 AM
PD don't go into law because your Adhominen argument is inadmissable, you jerk! I guess I was right about your communist leanings since you believe in censoring opinions and attacking people for saying them. You have all the answers why don't you connect the dots you idiot! Maybe this guy was told to delete computer files in support of the recently convicted Bonilla! Maybe he is covering up something far worse in the Clerk's office! If you live in San Francisco then but out of Long Island, its not your concern anymore. You moved away so worry about all the drug addicts and derilicts polluting North St.
Jack August 20, 2013 at 10:26 AM
I re read PD's post and a second reading reveals an even more disturbing vicious personal attack on Folder. You obviuosly were a kid lacking self esteem and was jealous of Folder. You have homosexual tendencies that you can't shake free from. That's probably why you moved to San Francisco so that you can accidentally have an encounter in a dark bar and not blame yourself.
PD August 20, 2013 at 12:08 PM
Is that guy's head screwed on straight? Between the name-calling and fallaciously assumptive logic, I can't see how this person is even breathing. Re-reading his comments is really quite hysterical, but that's the sad part. There really should be a law whereby a psychiatrist hired by the federal government screens online comments, gets the IP address of people like Kett, and commits them to an asylum indefinitely.
PD August 20, 2013 at 12:12 PM
And just take a look at his profile: "Jack Kett: wise senior citizen An accomplished financer who understands the ins and outs of Long Beach and its history." WISE? Demented is more like it. I'm glad he thinks so highly of himself, when in fact, it's pure delusion. "An accomplished financer...." Ok, so he probably has accumulated much wealth over the years and is reaping his retirement benefits. I really hope the gov't taxes the ***t out of this guy because it's apparent he's a brutally one-sided extremist that needs to be silenced....immediately. It seems like he doesn't have long to live anyway, so at least that's an ace in Mother Nature's pocket.
LS August 20, 2013 at 02:14 PM
I thought the comments section was so readers could comment on the subject at hand. There is a lot of irrelevant ranting going on here. As to the Malverne employee, he broke the rules, he pays the price.
Jack August 21, 2013 at 12:41 AM
Again you refuse to look at facts and make connections. This low level clerk deleted computer files after or just before the head of the office- Town Clerk was convicted. Who told him to do that and why? PD a twisted pervert who claims to live in San Francisco gets online claims he went to elementary school with the defendent and realized at the age of 13 that he was not a "do-gooder". Most of his attack was personal advocating lack of due process under law, slander, libel, censorship, illegal imprisonment and general disregard for the law. These are indications of a psycho-sexual infatuation with a person that will not reciprocate a relationship. PD's actions are similar to what gay socialist/communist facists did to others during the national Socialist and Soviet era. PD should but out (literally) and stay in San Francisco.
Ralph Nesberino August 21, 2013 at 09:53 AM
Mark Bonilla would like to thank Derek for coming to his aid. If and when Mark does get reinstated, Derek will get a handsome raise. Derek is a true friend. Derek tried to maintain a good perception of the department he respects. The allegations are just that.
Ivan Ivanovich August 22, 2013 at 11:31 AM
Convictions aren't allegations


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