Preview
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022
EXHIBI F
W CC
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022
PLEA AGREEMENT
1, This isthe plea agreement between the Office of the Attorney General of theState
of New York ("OAG") and THE CENTER FOR LIVING AT MEDFORD, INC. d/b/a
MEDFORD MULTICARE CENTER FOR LIVING, INC., hereinafterreferred to as "the
Defendant."
Corporate
2. This memorandum constitutes the entire agreement between the Corporate
Defendant and OAG. This agreement supersedes any priorpromises, agreements or conditions
between the parties. No promises, agreements or conditions have been entered into other than
those set forthin this agreement. No modification, deletion or addition to thisagreement will be
valid or binding on either party unless put into writing and signed by both parties. This
agreement will become effective immediately when signed by allthe signatories listedbelow.
3. The Plea and Related Terms:
a. The Corporate Defendant agrees to plead guilty to the crime of
ATTEMPTED FALSIFYING BUSINESS RECORDS IN THE FIRST
DEGREE in violation of Sections IIt and 175,10 of the Penal Law,
pursuant to Count Thirty-Seven of Indictment No. 5002-2014, and that
Counts Thirty-Eight and Forty-One of that Indictment and any appeal
relating to said indictment shall be dismissed against the Corporate
Defendant atthe time of sentence.
b. The Corporate Defendant has been advised of, and understands, the nature
of the charges against the Corporate Defendant, the elements of the
offenses with which the Corporate Defendant ischarged, and therange of
permissible sentence(s).
c. By pleading guilty, the Corporate Defendant isgiving up the following
rights, to the extent applicable to a corporate entity, which the Comorate
Defendant has discussed with the Corporate Defendant's attomey:
(1) The Corporate Defendant understands that by pleading
guilty the Corporate Defendant isgiving up the Comorate
Defendant's rightto a trialby a 12-person jury drawn from
a broad cross-section of the community.
(2) The Corporate Defendant understands that by pleading
guilty the Corporate Defendant is giving up the Corporate
Defendant's rightto have the People produce witnesses to
testifyagainst the Corporate Defendant.
(3) The Corporate Defendant understands that by pleading
guilty the Corporate Defendant is giving up the Corporate
Defendant's right to have the Corporate Defendant's
attorney cross-examine any witnesses who may testify
against the Corporate Defendant.
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022
(4) The Corporate Defendant understands that by pleading
guilty, the Corporate Defendant is giving up theCorporate
Defendant's right to have the Corporate Defendant's
attorney produce witnesses to testifyattrial.
(5) The Corporate Defendant understands that by pleading
guilty the Corporate Defendant isgiving up the Corporate
Defendant's right to have the People prove the Comorate
Defendant's guilt beyond a reasonable doubt by a
unanimous verdict of 12 jurors attrial.
(6) The Corporate Defendant understands that by pleading
guilty the Corporate Defendant's plea willoperate just like
a conviction ofguilty after a jurytrial.
(7) The Corporate Defendant understands that by pleading
guilty, if the Corporate Defendant has a defense to this
charge, the Corporate Defendant isgiving up the Corporate
Defendant's right to present thatdefense attrial.
(8) The Corporate Defendant understands that by pleading
guilty the Corporate Defendant isgiving up the Corporate
Defendant's right to claim that the police did anything
illegal in regard to this charge, and the Corporate
Defendant's right to a hearing to determine if that police
conduct was, in fact,illegal.
(9) Further, in consideration for and as part of the. plea
agreement in this matter, the Corporate Defendant hereby
waives and relinquishes the Corporate Defendant's right to
appeal from any judgment of conviction, and from any
proceedings herein that may result from thisprosecution.
The Corporate Defendant has been advised of the
Corporate Defendant's right to appeal, the Corporate
Defendant's right to be represented by an attorney on
appeal, and the Corporate Defendant's right to have an
attomey assigned for the Corporate Defendant on appeal if
the Corporate Defendant cannot afford one. It is the
Corporate Defendant's understanding and intention thatthis
agreement will be a complete and finaldisposition of the
matter. The Corporate Defendant makes this waiver
knowingly and voluntarily after having been fully advised
of the Corporate Defendant's rights the Court and
by
having had a full and fair opportunity to discuss these
matters with the Corporate Defendant's attorney.
2
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022
. . . .
(10) The Corporate Defendant hereby agrees to enter a plea of
guilty in accordance with the terms of theplea offerwhich
has been made to the Corporate Defendant, having
consulted with the Corporate Defendant's attorney and
having been advised of allof the rights listedabove,
d. The Corporate Defendant has been advised and acknowledges that the
Corporate Defendant's failureto appear by counsel at any required court
appearance is a violation of this agreement, the Corporate Defendant's
case will move forward in the Corporate Defendant's absence and the
Corporate Defendant will be sentenced up to the maximum sentence
authorized by law.
e. Upon the Corporate Defendant's guilty plea, the Cogorate Defendant will
allocute that the factscontained inExhibit A to thisagreement aretrue.
f. The Corporate Defendant represents that the Corporate Defendant has
engaged in no criminal conduct other than that which the Corporate
Defendant has specifically revealed to the OAG.
g. Itis a violation of this agreement ifthe Corporate Defendant has engaged
in criminal conduct other than that specifiedin theindictment.
h. On or before April 1, 2016 sentencing will proceed on this plea provided
that all Participating Defendants are fully compliant with all terms and
conditions then due of an Assurance of Discontinuance between the
Attorney General and the Criminal Defendant and other associated
persons in settlement of a civil action originally filed in Suffolk County
and assigned Index No. 2941/14 on February 11, 2014, and amended on
June 30,2014.
4. If the Corporate Defendant fully complies with this agreement:
a. At the time of the Corporate Defendant's sentencing, ifthe Corporate
Defendant complies with the terms of this agreement, OAG will make a
sentencing recommendation to the Court. The recommendation will be a
fine pursuant to Penal Law - an amount greater than
§80.10(e) Five
Thousand dollars ($5,000), measured as double the amount of the
corporation's gain from the commission of the offense -- to Ten
wit,
Thousand dollars ($10,000.00). The Corporate Defendant understands that
the Court has the authority to impose any lawful sentence, pursuant to the
Corporate Defendant's plea of guilty.
b. OAG will not prosecute the Corporate Defendant for any crime related to
the death of Aurelia Rios on or about October 2012 and
26, any crime
related to any duty to report or preserve information or
any evidence
3
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022
related to false statements and destruction or withholding of evidence
relating to the death of Aurelia Rios other than the crime to which the
Corporate Defendant pleads guilty as setforth in paragraph 3a.
5. If the Corporate Defendant violates this agreement in any respect, as
determined by OAG:
a. The Corporate Defendant will not be released from the Corporate
Defendant's plea of guilty but OAG will be released from itsobligations
under thisagreement.
b. OAG will fully inform the Court, in detail, regarding the Corporate
Defendant's failure to comply with the terms of this agreement. OAG
reserves the right to recommend any lawful sentence to the Court, up to
and including the rnaximum sentence authorized by law for thecrimes to
which the Corporate Defendant has pled guilty. OAG will request, if
necessary, that sentence be imposed in theCorporate Defendant's absence.
The Corporate Defendant understands that the Court has the authority to
impose any lawful semence.
c: OAG may prosecute the Corporate Defendant for any crime the Corporate
Defendant has committed, as authorized by law, and isnot limited by any
term of this agreement'.
d. As to any prosecution brought by OAG pursuant to thisparagraph, the
Corporate Defendant waives any claim that (1)any statement or testimony
the Corporate Defendant has made or given to OAG, (2)any testimony
given by agents ofthe Corporate Defendant before any grand jury or other
tribunal, whether before or after the date this agreement is signed by the
Corporate Defendant, (3) any property, documents, records or other
material that OAG has obtained from the Corporate Defendant, and (4)
any evidence derived from such statements, testimony, property,
documents, or other material is inadmissible against the Corporate
Defendant. Moreover, the Corporate Defendant waives any claim under
any provision of law that statements made on or aRer October 26, 2012 or
any leads or evidence derived therefrom should be suppressed.
e. As toany prosecution brought by OAG pursuant to this paragraph forany
offense committed within five years prior to the date of thisagreement or
for any offense committed on or afterthe date of this the
agreement,
Corporate Defendant waives any claim that such prosecution is barred
either on grounds of speedy trial, the statute of
speedy arraignment,
limitations, the New York StateConstitution, or Article 30 or Article 40 of
the New York State Criminal Procedure Law.
6. This Agreement is limited to the Office of the New York State Attomcy General
and cannot bind other government agencies.
4
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022
This Agreement shall remain effective notwithstanding the death or
incapacity of any individual, including but not limited to David Fielding, or
any appeal, collateral attack, or any challenge to any criminal conviction,
plea or sentencing of any individual, including but not limited to, the
reversal, modification, or dismissal of allor any portion of such conviction
and sentence, or the conviction, plea or sentencing of any other person.
7. The Corporate Defendant understands these rightsand theterms and conditions of
this plea agreement, which the Corporate Defendant has read completely. The Corporate
Defendants plea of guilty isgiven freely, voluntarily, knowingly, and without coercion of any
kind. No threatsor promises have been made to the Corporate Defendant to induce the Corporate
Defendant to plead guilty.
Dated: Riverhead, New York
October 8, 2015
ERIC T. SCHNEIDERMAN
Attomey General of the
State e ork
By:
Peter S. Zadek
Special Assistant A rne General
Medicaid Fraud Co it
300 Motor Parkway, Suite210
Hauppauge, New York 11788
Office: 631 952 6400
The Shareholders of the Corporate Defendant has authorized me to execute this Agreement
on behalf of the Corporate Defendant. I understand all of itsterms, am intoit
entering
knowingly and voluntarily, and have signed itin the presence of the Corporate Defendant's
counseL
THE CENTER FOR LIVING AT MEDFORD, INC.
d/b/a MEDFORD MULTICARE CENTER FOR LIVING, INC.
Printed Name: 4,., As g,./
Title:
5
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022
felM.
McÖillycuddy
Monison Cohen LLP
909 Third Avenue
New York, NY 10022
Tel:212-735-8784
6
Preview
FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022 EXHIBI F W CC FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022 PLEA AGREEMENT 1, This isthe plea agreement between the Office of the Attorney General of theState of New York ("OAG") and THE CENTER FOR LIVING AT MEDFORD, INC. d/b/a MEDFORD MULTICARE CENTER FOR LIVING, INC., hereinafterreferred to as "the Defendant." Corporate 2. This memorandum constitutes the entire agreement between the Corporate Defendant and OAG. This agreement supersedes any priorpromises, agreements or conditions between the parties. No promises, agreements or conditions have been entered into other than those set forthin this agreement. No modification, deletion or addition to thisagreement will be valid or binding on either party unless put into writing and signed by both parties. This agreement will become effective immediately when signed by allthe signatories listedbelow. 3. The Plea and Related Terms: a. The Corporate Defendant agrees to plead guilty to the crime of ATTEMPTED FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE in violation of Sections IIt and 175,10 of the Penal Law, pursuant to Count Thirty-Seven of Indictment No. 5002-2014, and that Counts Thirty-Eight and Forty-One of that Indictment and any appeal relating to said indictment shall be dismissed against the Corporate Defendant atthe time of sentence. b. The Corporate Defendant has been advised of, and understands, the nature of the charges against the Corporate Defendant, the elements of the offenses with which the Corporate Defendant ischarged, and therange of permissible sentence(s). c. By pleading guilty, the Corporate Defendant isgiving up the following rights, to the extent applicable to a corporate entity, which the Comorate Defendant has discussed with the Corporate Defendant's attomey: (1) The Corporate Defendant understands that by pleading guilty the Corporate Defendant isgiving up the Comorate Defendant's rightto a trialby a 12-person jury drawn from a broad cross-section of the community. (2) The Corporate Defendant understands that by pleading guilty the Corporate Defendant is giving up the Corporate Defendant's rightto have the People produce witnesses to testifyagainst the Corporate Defendant. (3) The Corporate Defendant understands that by pleading guilty the Corporate Defendant is giving up the Corporate Defendant's right to have the Corporate Defendant's attorney cross-examine any witnesses who may testify against the Corporate Defendant. FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022 (4) The Corporate Defendant understands that by pleading guilty, the Corporate Defendant is giving up theCorporate Defendant's right to have the Corporate Defendant's attorney produce witnesses to testifyattrial. (5) The Corporate Defendant understands that by pleading guilty the Corporate Defendant isgiving up the Corporate Defendant's right to have the People prove the Comorate Defendant's guilt beyond a reasonable doubt by a unanimous verdict of 12 jurors attrial. (6) The Corporate Defendant understands that by pleading guilty the Corporate Defendant's plea willoperate just like a conviction ofguilty after a jurytrial. (7) The Corporate Defendant understands that by pleading guilty, if the Corporate Defendant has a defense to this charge, the Corporate Defendant isgiving up the Corporate Defendant's right to present thatdefense attrial. (8) The Corporate Defendant understands that by pleading guilty the Corporate Defendant isgiving up the Corporate Defendant's right to claim that the police did anything illegal in regard to this charge, and the Corporate Defendant's right to a hearing to determine if that police conduct was, in fact,illegal. (9) Further, in consideration for and as part of the. plea agreement in this matter, the Corporate Defendant hereby waives and relinquishes the Corporate Defendant's right to appeal from any judgment of conviction, and from any proceedings herein that may result from thisprosecution. The Corporate Defendant has been advised of the Corporate Defendant's right to appeal, the Corporate Defendant's right to be represented by an attorney on appeal, and the Corporate Defendant's right to have an attomey assigned for the Corporate Defendant on appeal if the Corporate Defendant cannot afford one. It is the Corporate Defendant's understanding and intention thatthis agreement will be a complete and finaldisposition of the matter. The Corporate Defendant makes this waiver knowingly and voluntarily after having been fully advised of the Corporate Defendant's rights the Court and by having had a full and fair opportunity to discuss these matters with the Corporate Defendant's attorney. 2 FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022 . . . . (10) The Corporate Defendant hereby agrees to enter a plea of guilty in accordance with the terms of theplea offerwhich has been made to the Corporate Defendant, having consulted with the Corporate Defendant's attorney and having been advised of allof the rights listedabove, d. The Corporate Defendant has been advised and acknowledges that the Corporate Defendant's failureto appear by counsel at any required court appearance is a violation of this agreement, the Corporate Defendant's case will move forward in the Corporate Defendant's absence and the Corporate Defendant will be sentenced up to the maximum sentence authorized by law. e. Upon the Corporate Defendant's guilty plea, the Cogorate Defendant will allocute that the factscontained inExhibit A to thisagreement aretrue. f. The Corporate Defendant represents that the Corporate Defendant has engaged in no criminal conduct other than that which the Corporate Defendant has specifically revealed to the OAG. g. Itis a violation of this agreement ifthe Corporate Defendant has engaged in criminal conduct other than that specifiedin theindictment. h. On or before April 1, 2016 sentencing will proceed on this plea provided that all Participating Defendants are fully compliant with all terms and conditions then due of an Assurance of Discontinuance between the Attorney General and the Criminal Defendant and other associated persons in settlement of a civil action originally filed in Suffolk County and assigned Index No. 2941/14 on February 11, 2014, and amended on June 30,2014. 4. If the Corporate Defendant fully complies with this agreement: a. At the time of the Corporate Defendant's sentencing, ifthe Corporate Defendant complies with the terms of this agreement, OAG will make a sentencing recommendation to the Court. The recommendation will be a fine pursuant to Penal Law - an amount greater than §80.10(e) Five Thousand dollars ($5,000), measured as double the amount of the corporation's gain from the commission of the offense -- to Ten wit, Thousand dollars ($10,000.00). The Corporate Defendant understands that the Court has the authority to impose any lawful sentence, pursuant to the Corporate Defendant's plea of guilty. b. OAG will not prosecute the Corporate Defendant for any crime related to the death of Aurelia Rios on or about October 2012 and 26, any crime related to any duty to report or preserve information or any evidence 3 FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022 related to false statements and destruction or withholding of evidence relating to the death of Aurelia Rios other than the crime to which the Corporate Defendant pleads guilty as setforth in paragraph 3a. 5. If the Corporate Defendant violates this agreement in any respect, as determined by OAG: a. The Corporate Defendant will not be released from the Corporate Defendant's plea of guilty but OAG will be released from itsobligations under thisagreement. b. OAG will fully inform the Court, in detail, regarding the Corporate Defendant's failure to comply with the terms of this agreement. OAG reserves the right to recommend any lawful sentence to the Court, up to and including the rnaximum sentence authorized by law for thecrimes to which the Corporate Defendant has pled guilty. OAG will request, if necessary, that sentence be imposed in theCorporate Defendant's absence. The Corporate Defendant understands that the Court has the authority to impose any lawful semence. c: OAG may prosecute the Corporate Defendant for any crime the Corporate Defendant has committed, as authorized by law, and isnot limited by any term of this agreement'. d. As to any prosecution brought by OAG pursuant to thisparagraph, the Corporate Defendant waives any claim that (1)any statement or testimony the Corporate Defendant has made or given to OAG, (2)any testimony given by agents ofthe Corporate Defendant before any grand jury or other tribunal, whether before or after the date this agreement is signed by the Corporate Defendant, (3) any property, documents, records or other material that OAG has obtained from the Corporate Defendant, and (4) any evidence derived from such statements, testimony, property, documents, or other material is inadmissible against the Corporate Defendant. Moreover, the Corporate Defendant waives any claim under any provision of law that statements made on or aRer October 26, 2012 or any leads or evidence derived therefrom should be suppressed. e. As toany prosecution brought by OAG pursuant to this paragraph forany offense committed within five years prior to the date of thisagreement or for any offense committed on or afterthe date of this the agreement, Corporate Defendant waives any claim that such prosecution is barred either on grounds of speedy trial, the statute of speedy arraignment, limitations, the New York StateConstitution, or Article 30 or Article 40 of the New York State Criminal Procedure Law. 6. This Agreement is limited to the Office of the New York State Attomcy General and cannot bind other government agencies. 4 FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022 This Agreement shall remain effective notwithstanding the death or incapacity of any individual, including but not limited to David Fielding, or any appeal, collateral attack, or any challenge to any criminal conviction, plea or sentencing of any individual, including but not limited to, the reversal, modification, or dismissal of allor any portion of such conviction and sentence, or the conviction, plea or sentencing of any other person. 7. The Corporate Defendant understands these rightsand theterms and conditions of this plea agreement, which the Corporate Defendant has read completely. The Corporate Defendants plea of guilty isgiven freely, voluntarily, knowingly, and without coercion of any kind. No threatsor promises have been made to the Corporate Defendant to induce the Corporate Defendant to plead guilty. Dated: Riverhead, New York October 8, 2015 ERIC T. SCHNEIDERMAN Attomey General of the State e ork By: Peter S. Zadek Special Assistant A rne General Medicaid Fraud Co it 300 Motor Parkway, Suite210 Hauppauge, New York 11788 Office: 631 952 6400 The Shareholders of the Corporate Defendant has authorized me to execute this Agreement on behalf of the Corporate Defendant. I understand all of itsterms, am intoit entering knowingly and voluntarily, and have signed itin the presence of the Corporate Defendant's counseL THE CENTER FOR LIVING AT MEDFORD, INC. d/b/a MEDFORD MULTICARE CENTER FOR LIVING, INC. Printed Name: 4,., As g,./ Title: 5 FILED: SUFFOLK COUNTY CLERK 12/30/2022 02:14 PM INDEX NO. 618130/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/30/2022 felM. McÖillycuddy Monison Cohen LLP 909 Third Avenue New York, NY 10022 Tel:212-735-8784 6