Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023
PETTIGREW EXHIBIT 147
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023
STATE OFNEwYORK
OFFICE OF THEATTORNEYGENERAL
LETlT[A JAMES DIVISION OF CRIMINAL JUSTICE
ATTORNEY GENERAL MentcAlD FRAUD CONTROL NIT
Via Email
August 16, 2022
Manisha M. Sheth, Esq.
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22 Floor
New York, NY 10010
manishasheth@quinnemanuel.corn
Re: New York State Attorney General's Investigation of Centers for Care
LLC and Related Entities
Dear Ms. Sheth:
We received your August 10, 2022 letter refusing to make Mr. Daryl Hagler
available for his continued N.Y. Exec. Law 63(12) examination on August 11, 2022,
because you chose to interpret our August 10, 2022 letter as confirmation that there is a
pending criminal investigation involving Mr. Hagler. Notwithstanding the fact that we did
not specify the nature of our investigation, you are well aware that we have no obligation
to disclose its direction and your client has no right to refuse to appear on that basis.
As a courtesy, we offered to adjourn Mr. Hagler's examination from August 11 to
September 8, 2022, after you requested an adjournment of Mr. Hagler's examination on
August 3, 2022, citing your firm's need to get up to speed on the matter but without
proposing any alternative dates. We made this offer despite the fact that, on July 1, 2022,
Mr. Hagler's counsel at Hinman Straub, P.C. ("Hinman Straub") proposed the August 11
date for examination and confirmed the August 11 date on July 14, 2022. Based on your
ago,"
August 9, 2022 letter stating that your firm was retained "a little over a week this
adjournment would have given you over 35 days to prepare Mr. Hagler for his examination,
notwithstanding that Mr. Hagler is still represented by counsel at Hinman Straub, who have
represented him since this investigation began, including when he appeared at the first day
of his examination on June 23, 2022 (alongside additional counsel at Abrams Fensterman,
LLP). However, you refused our offer.
28 LIBERTY 13TH NEW YORK, NEW YORK 10005" PHONE (212) 417-5300" www.AG.NY.GOV
STREET, FLOOR,
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023
As such, on August 11, 2022, a court reporter opened the record for Mr. Hagler's
continued examination and Mr. Hagler failed to appear. He is now in contempt of the
Attorney General's subpoena.
Mr. Kenneth Rozenberg's counsel at Hinman Straub ultimately scheduled his
examination for August 31, 2022. On August 3, 2022, you requested an adjournment of
Mr. Rozenberg's examination-nearly four weeks before he was, and is, set to appear-so
your firm can prepare Mr. Rozenberg for his examination. In response to your request for
more time, on August 10, 2022, we offered to adjourn Mr. Rozenberg's examination to
September 13 and 14, 2022, giving you more than 40 days to prepare. We have not received
a response to our offer.
We again offer to adjourn Mr. Rozenberg's examination to September 13 and 14,
2022, and attach a stipulation for your signature. If we do not receive the executed
stipulation from you by close of business on Friday, August 1981, we will proceed with Mr.
Rozenberg's scheduled examination on August 31, 2022.
Very truly yours,
Spencer Bruck
Special Assistant Attorney General
Medicaid Fraud Control Unit
NYS Office of the Attorney General
Ce: David Luntz, Esq., Hinman Straub
David Morgan, Esq., Hinman Straub
I Mr. Rozenberg's August 31, 2022 examination date is the result of repeated delays as conveyed by his counsel at
Hinman Straub. This Office initially requested a date for Mr. Rozenberg's examination on May 11, 2022. On May
26, 2022, Hinman Straub proposed Mr. Rozenberg's examination for June 28, 2022, giving Hinman Straub
approximately six weeks to prepare Mr. Rozenberg since this Office first requested his examination. Then, four days
before Mr. Rozenberg was set to appear, and less than twenty-four hours after the first day of Mr. Hagler's
examination, Hinman Straub sought an adjournment of Mr. Rozenberg's appearance to which this Office consented.
On July 14, 2022, Hinman Straub confirmed Mr. Rozenberg's availability for examination on August 31, 2022,
pushing Mr. Rozenberg's examination two months past its original date. Your communications seek further delay,
especially considering Hinman Straub's continued representation of Mr. Rozenberg, Mr. Hagler, and Centers.
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023
In the matter of the New York State
Attorney General’s Investigation of
STIPULATION
Centers for Care, LLC, and Related
Entities
WHEREAS, on May 11, 2022, the Medicaid Fraud Control Unit (“MFCU”) of the New
York Attorney General’s Office requested dates for the New York Executive Law §63(12)
examination Kenneth Rozenberg (the “witness”) from his counsel at Hinman Straub, P.C.,
(“Hinman Straub”) in connection with MFCU’s investigation of Centers for Care, LLC, and
Related Entities;
WHEREAS, on May 26, 2022, in response to MFCU’s request, Hinman Straub, provided
the date of June 28, 2022 for Kenneth Rozenberg’s examination;
WHEREAS, on June 5, 2022, MFCU served a subpoena pursuant to Executive Law
§63(12) for the June 28, 2022 of Kenneth Rozenberg, based on the date negotiated with Hinman
Straub;
WHEREAS, on June 24, 2022, Hinman Straub adjourned the June 28, 2022 examination
of Kenneth Rozenberg on consent, to be rescheduled for a date in early July 2022;
WHEREAS, on July 14, 2022, Hinman Straub confirmed the available date of August 31,
2022 for Kenneth Rozenberg’s examination;
WHEREAS, on July 19, 2022, MFCU sent a revised subpoena based on the rescheduled
date;
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023
WHEREAS, on August 3, 2022, MFCU received a call from new counsel at Quinn
Emanuel Urquhart & Sullivan, LLP, seeking an adjoumment of Kenneth Rozenberg's examination
to allow counsel time to review the matter and prepare for the examination;
witnesses'
WHEREAS, MFCU objects to further delay of the examinations pursuant to
New York Exec. Law 63(12), though as a courtesy is willing to adjoum the August 31, 2022
examination of Kenneth Rozenberg as provided below;
WHEREAS, the undersigned counsel have agreed to resolve this matter by this Stipulation;
IT IS HEREBY STIPULATED AND AGREED that Kenneth Rozenberg will appear
pursuant to the previously issued Subpoena for examination under New York Executive Law §
63(12) on September 13 and 14, 2022, at 9:30AM, and that such examination may be conducted
via remote testimony through a court reporter designated by the Attorney General.
IT IS FURTHER STIPULATED AND AGREED that this Stipulation will be signed in
counterparts and that electronic copies shall be deemed originals.
Dated: New York, New York
August 16, 2022
Letitia James
Attorney General of the State of New York QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Spencer Bruck Manisha Sheth, Esq.
Special Assistant Attorney General Counsel for Centers Health Care
22nd
Medicaid Fraud Control Unit 51 Madison Avenue, Floor
28 Liberty Place New York, New York 10010-1601
New York, New York 10005
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023 PETTIGREW EXHIBIT 147 FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023 STATE OFNEwYORK OFFICE OF THEATTORNEYGENERAL LETlT[A JAMES DIVISION OF CRIMINAL JUSTICE ATTORNEY GENERAL MentcAlD FRAUD CONTROL NIT Via Email August 16, 2022 Manisha M. Sheth, Esq. Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22 Floor New York, NY 10010 manishasheth@quinnemanuel.corn Re: New York State Attorney General's Investigation of Centers for Care LLC and Related Entities Dear Ms. Sheth: We received your August 10, 2022 letter refusing to make Mr. Daryl Hagler available for his continued N.Y. Exec. Law 63(12) examination on August 11, 2022, because you chose to interpret our August 10, 2022 letter as confirmation that there is a pending criminal investigation involving Mr. Hagler. Notwithstanding the fact that we did not specify the nature of our investigation, you are well aware that we have no obligation to disclose its direction and your client has no right to refuse to appear on that basis. As a courtesy, we offered to adjourn Mr. Hagler's examination from August 11 to September 8, 2022, after you requested an adjournment of Mr. Hagler's examination on August 3, 2022, citing your firm's need to get up to speed on the matter but without proposing any alternative dates. We made this offer despite the fact that, on July 1, 2022, Mr. Hagler's counsel at Hinman Straub, P.C. ("Hinman Straub") proposed the August 11 date for examination and confirmed the August 11 date on July 14, 2022. Based on your ago," August 9, 2022 letter stating that your firm was retained "a little over a week this adjournment would have given you over 35 days to prepare Mr. Hagler for his examination, notwithstanding that Mr. Hagler is still represented by counsel at Hinman Straub, who have represented him since this investigation began, including when he appeared at the first day of his examination on June 23, 2022 (alongside additional counsel at Abrams Fensterman, LLP). However, you refused our offer. 28 LIBERTY 13TH NEW YORK, NEW YORK 10005" PHONE (212) 417-5300" www.AG.NY.GOV STREET, FLOOR, FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023 As such, on August 11, 2022, a court reporter opened the record for Mr. Hagler's continued examination and Mr. Hagler failed to appear. He is now in contempt of the Attorney General's subpoena. Mr. Kenneth Rozenberg's counsel at Hinman Straub ultimately scheduled his examination for August 31, 2022. On August 3, 2022, you requested an adjournment of Mr. Rozenberg's examination-nearly four weeks before he was, and is, set to appear-so your firm can prepare Mr. Rozenberg for his examination. In response to your request for more time, on August 10, 2022, we offered to adjourn Mr. Rozenberg's examination to September 13 and 14, 2022, giving you more than 40 days to prepare. We have not received a response to our offer. We again offer to adjourn Mr. Rozenberg's examination to September 13 and 14, 2022, and attach a stipulation for your signature. If we do not receive the executed stipulation from you by close of business on Friday, August 1981, we will proceed with Mr. Rozenberg's scheduled examination on August 31, 2022. Very truly yours, Spencer Bruck Special Assistant Attorney General Medicaid Fraud Control Unit NYS Office of the Attorney General Ce: David Luntz, Esq., Hinman Straub David Morgan, Esq., Hinman Straub I Mr. Rozenberg's August 31, 2022 examination date is the result of repeated delays as conveyed by his counsel at Hinman Straub. This Office initially requested a date for Mr. Rozenberg's examination on May 11, 2022. On May 26, 2022, Hinman Straub proposed Mr. Rozenberg's examination for June 28, 2022, giving Hinman Straub approximately six weeks to prepare Mr. Rozenberg since this Office first requested his examination. Then, four days before Mr. Rozenberg was set to appear, and less than twenty-four hours after the first day of Mr. Hagler's examination, Hinman Straub sought an adjournment of Mr. Rozenberg's appearance to which this Office consented. On July 14, 2022, Hinman Straub confirmed Mr. Rozenberg's availability for examination on August 31, 2022, pushing Mr. Rozenberg's examination two months past its original date. Your communications seek further delay, especially considering Hinman Straub's continued representation of Mr. Rozenberg, Mr. Hagler, and Centers. FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023 In the matter of the New York State Attorney General’s Investigation of STIPULATION Centers for Care, LLC, and Related Entities WHEREAS, on May 11, 2022, the Medicaid Fraud Control Unit (“MFCU”) of the New York Attorney General’s Office requested dates for the New York Executive Law §63(12) examination Kenneth Rozenberg (the “witness”) from his counsel at Hinman Straub, P.C., (“Hinman Straub”) in connection with MFCU’s investigation of Centers for Care, LLC, and Related Entities; WHEREAS, on May 26, 2022, in response to MFCU’s request, Hinman Straub, provided the date of June 28, 2022 for Kenneth Rozenberg’s examination; WHEREAS, on June 5, 2022, MFCU served a subpoena pursuant to Executive Law §63(12) for the June 28, 2022 of Kenneth Rozenberg, based on the date negotiated with Hinman Straub; WHEREAS, on June 24, 2022, Hinman Straub adjourned the June 28, 2022 examination of Kenneth Rozenberg on consent, to be rescheduled for a date in early July 2022; WHEREAS, on July 14, 2022, Hinman Straub confirmed the available date of August 31, 2022 for Kenneth Rozenberg’s examination; WHEREAS, on July 19, 2022, MFCU sent a revised subpoena based on the rescheduled date; FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 06/28/2023 WHEREAS, on August 3, 2022, MFCU received a call from new counsel at Quinn Emanuel Urquhart & Sullivan, LLP, seeking an adjoumment of Kenneth Rozenberg's examination to allow counsel time to review the matter and prepare for the examination; witnesses' WHEREAS, MFCU objects to further delay of the examinations pursuant to New York Exec. Law 63(12), though as a courtesy is willing to adjoum the August 31, 2022 examination of Kenneth Rozenberg as provided below; WHEREAS, the undersigned counsel have agreed to resolve this matter by this Stipulation; IT IS HEREBY STIPULATED AND AGREED that Kenneth Rozenberg will appear pursuant to the previously issued Subpoena for examination under New York Executive Law § 63(12) on September 13 and 14, 2022, at 9:30AM, and that such examination may be conducted via remote testimony through a court reporter designated by the Attorney General. IT IS FURTHER STIPULATED AND AGREED that this Stipulation will be signed in counterparts and that electronic copies shall be deemed originals. Dated: New York, New York August 16, 2022 Letitia James Attorney General of the State of New York QUINN EMANUEL URQUHART & SULLIVAN, LLP Spencer Bruck Manisha Sheth, Esq. Special Assistant Attorney General Counsel for Centers Health Care 22nd Medicaid Fraud Control Unit 51 Madison Avenue, Floor 28 Liberty Place New York, New York 10010-1601 New York, New York 10005