A.G. Schneiderman Announces Criminal Guilty Plea And Multi-Million Dollar Civil Settlement With Narco Freedom

Narco Freedom Defrauded Medicaid And Exploited Its Patients By Forcing Them To Attend Excessive And Medically Unnecessary Substance Abuse Treatment Services

  Attorney General Eric T. Schneiderman announced today the guilty plea and a multi-million dollar civil settlement with Narco Freedom Inc., a Bronx-based not-for-profit provider of substance abuse treatment, for its participation in a criminal enterprise.  At the time of its indictment in 2015, Narco Freedom was an enrolled Medicaid provider that received nearly $40 million annually in taxpayer-funded reimbursement.  In its plea and a parallel State civil settlement agreement, Narco Freedom admitted today to stealing millions of dollars from the Medicaid program through the actions of its former chief executive officer Alan Brand and subsequent chief executive officer Gerald Bethea. In New York State Supreme Court, Bronx County, Narco Freedom, pled guilty to one count of Enterprise Corruption, a class B felony, three counts of Grand Larceny in the First Degree, a class B felony, and two counts of Offering a False Instrument for Filing the First Degree, a class E felony. 

“Narco Freedom operated a years-long criminal enterprise that ripped off taxpayers and took advantage of New Yorkers in need of substance abuse treatment,” said Attorney General Schneiderman. “Using Medicaid to further one’s bottom line at the expense of those who are struggling with abuse or addiction is shameful.”

The long-term investigation by the Attorney General’s Medicaid Fraud Control Unit (“MFCU”) culminated in a March 2015 indictment charging Narco Freedom and numerous executives with operating a criminal organization that defrauded Medicaid and syphoned funds meant for its patients for the enrichment of their own lifestyles.  That indictment included charges against Narco Freedom, the former chief executive Alan Brand, his son Jason Brand, Gerald Bethea, the chief executive at the time, and the controller Richard Gross.  The Attorney General also filed a civil action seeking asset forfeiture and other remedies, including treble damages and penalties under the New York State False Claims Act.  The indictment and civil action alleged that Narco Freedom stole at least $27 million from the Medicaid program by violating patients’ rights, submitting claims for excessive services, and by operating an unregulated residential treatment program.  The arrests and civil action stopped the illegal business practices of Narco Freedom that exploited the Medicaid program and thousands of Medicaid recipients, resulting in many millions of dollars in savings to Medicaid. 

As part of its plea and civil agreements, Narco Freedom acknowledged that it stole from Medicaid by seeking reimbursement for excessive and medically unnecessary services that it had required its patients to receive.  In addition to operating substance abuse treatment programs, Narco Freedom provided transitional housing.  Today, Narco Freedom acknowledged that it violated the rights of its residents and illegally conditioned residency on attendance at its own substance abuse treatment program.  Narco Freedom further admitted to filing false statements with various state agencies, including the New York State Department of Health and the Office of the New York State Attorney General, Charities Bureau, in efforts to deceive and defraud these agencies.  These filings were filed and signed by Alan Brand and the controller of Narco Freedom, Richard Gross. Prosecutions against Narco Freedom’s former executives remain pending.

Soon after Narco Freedom was indicted, a federal district court judge appointed a temporary receiver to take control of its finances and run the organization.  In September 2015, Narco Freedom ceased treating patients and transferred their care to other substance abuse treatment providers.  Narco Freedom filed for bankruptcy in January 2016. A bankruptcy trustee will take steps to dissolve Narco Freedom pursuant to the State’s not-for-profit corporation laws.  Earlier this month, the bankruptcy court approved a $118 million settlement to settle Narco Freedom’s outstanding government claims, including those of New York State and the federal government, though the precise amount to be distributed to the State in the bankruptcy proceeding is yet to be determined.

In court today, Supreme Court Justice Steven L. Barrett sentenced Narco Freedom to a conditional discharge. 

The Attorney General’s office has worked closely with various state agencies to ensure the continuity of care for all of the patients who used Narco Freedom’s services.  In particular, the Attorney General would like to thank the New York State Office of Alcoholism and Substance Abuse Services, the Office of the New York State Medicaid Inspector General, the New York State Department of Health, the Human Resources Administration of the City of New York, and the Civil Division of the United States Attorney’s Office for the Southern District of New York.

Please report suspected Medicaid fraud in New York State to the Attorney General’s Office at 800-771-7755.

STATEMENT FROM MAYOR DE BLASIO ON INDICTMENT OF NYPD SERGEANT

  "The loss of Deborah Danner was a tragedy felt deeply by our city.  Now that the grand jury has made its decision, we have full faith in the district attorney to lead a fair and thorough prosecution."

STATEMENT FROM ASSEMBLYMAN SEPULVEDA ON INDICTMENT IN POLICE SHOOTING OF DEBORAH DANNER

"We respect the grand jury's decision and look forward to the swift resolution of the case."

State Assemblyman Luis Sepulveda today called today's indictment of an  NYPD police sergeant in the shooting death of a mentally disturbed elderly woman in his Assembly District "a step that will now bring the issue into a court of law, where justice can prevail."

NYPD Sergeant Hugh Barry was indicted by a Bronx grand jury on murder, manslaughter and criminally negligent homicide charges in the Oct. 18, 2016 shooting death of 66-year-old Castle Hill resident Deborah Danner, who had a long history of mental illness.

Police said Danner came at the officer in her Pugsley Avenue apartment, swinging a bat at him "at a close distance." The officer fired two shots, hitting her. She died later at Jacobi Hospital.

At issue is whether the officer, an eight-year department veteran working in the 43rd Precinct, had time to use his Taser stun gun to stop her.

"I was not there, but it would seem, and apparently the grand jury believes, that the officer had time to use a non-lethal weapon to stop Miss Danner," said the Assemblyman. "It is a shame that Deborah Danner had to die. We respect the grand jury's decision and look forward to the swift resolution of the case."

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: The Indictment of Sgt. Hugh Barry

  “What happened to Deborah Danner was an outrage. Today’s announcement that the police officer involved in Ms. Danner’s fatal shooting will face charges is a positive first step towards addressing an issue that has been long neglected, and that is how to deal with our mentally ill residents in volatile situations. Clearly, there were options available to Sgt. Barry which he failed to implement, and his conduct in this case is by no means a reflection on the great work of the New York City Police Department and its dedicated members. 

"My office has the utmost confidence in District Attorney Darcel D. Clark and her staff, and will continue to monitor this case as it moves forward. We once again offer our condolences to Ms. Danner’s family during this difficult time,” said Bronx Borough President Ruben Diaz Jr.

Congressman Eliot L. Engel, on President's Decision to Pull U.S. Out of Paris Climate Agreement

  Congressman Eliot L. Engel, the Ranking Member on the House Foreign Affairs Committee and a top Member on the House Energy and Commerce Committee, issued the following statement in response to President Trump signaling he will pull the United States out of the Paris Climate Agreement:

“I am deeply disappointed that President Trump has decided to pull the United States out of the Paris Agreement, the most comprehensive global climate agreement in history. This shortsighted decision threatens to unravel the entire agreement, imperiling the planet and further straining relations with our allies.

“Climate change is a global crisis that demands American leadership. What does it say when the President of the United States abdicates that responsibility, brazenly ignoring facts and evidence? Whether the President or his Administration want to admit it, climate change is real, driven by human activity, and cannot be ignored.

“We have a moral obligation to our children and our grandchildren, and to ourselves. This is not a future problem; we are already seeing the effects of our changing climate through excess flooding, stronger storm systems, erratic weather patterns, and extreme drought. We cannot put our heads back in the sand, recklessly consuming fossil fuels while expanding our carbon footprint. We must refocus our energy sector on cheap, renewable sources of fuel before climate change gets even worse.”Congressman Eliot L. Engel, the Ranking Member on the House Foreign Affairs Committee and a top Member on the House Energy and Commerce Committee, issued the following statement in response to President Trump signaling he will pull the United States out of the Paris Climate Agreement:

MAYOR DE BLASIO AND COMPTROLLER STRINGER ANNOUNCE PLAN TO CUT TIES WITH WELLS FARGO FOR CITY DEPOSITS AND BANKING TRANSACTIONS

  New York City Mayor Bill de Blasio and Comptroller Scott M. Stringer jointly announced today that they will vote to prohibit New York City from entering into new contracts for deposits with Wells Fargo, as well as suspend the bank’s role as a senior book-running manager for NYC General Obligation and Transactional Finance Authority bond sales. 

The New York City Banking Commission, which is scheduled to meet today, and of which the Mayor and the Comptroller are members, approves and oversees the banks that hold City deposits. Currently, Wells Fargo holds contracts with the City to provide banking services, including to operate “Lock Box” services that hold taxes and fees collected by the City. There is approximately $227 million of City dollars held in Wells Fargo accounts currently. Additionally, Wells Fargo acts as a trustee to the New York City Retiree Health Benefits Trust, which has current assets of approximately $2.6 billion. Recently, Wells Fargo received a Federal Community Reinvestment Act (CRA) rating of “needs improvement.” The ban will be revisited only when the bank’s rating is raised.

As such, today the Mayor and Comptroller will vote to prevent agencies from entering into new banking services or related contracts with Wells Fargo, as well as bar agencies from renewing or extending existing contracts on expiration. The City will also suspend the use of Wells Fargo as a senior book-running manager for municipal bonds – a position that allows the bank to take the lead on City bond sales – for one year. The only allowable exemption will be for affordable housing financing, which has a direct benefit to New York City residents.

Mayor de Blasio said: “The rules are very clear: if you fall below ‘satisfactory,’ we will no longer do banking business with you. I encourage Wells Fargo to quickly clean up its act and do right by the millions of customers who trust the bank with their savings. Until then, we will not be entering new contracts with the bank. Thank you to Comptroller Stringer for his partnership on this issue.”

Comptroller Stringer said: “What happened at Wells Fargo was a fraud – and there should be consequences. We need to send a message to this bank and the broader industry that ethics matter. Public trust is a must – and accountability is non-negotiable. That’s why we plan to take action. We have an opportunity to stand up and do the right thing today, and that’s a moment we plan on seizing. I would like to thank Mayor de Blasio and his team for their leadership on the issue.” 

John Marano Pulls Out of 13th Council Race

The above photo of Mr. John Marano was taken in 2013 during a graffiti clean up of the walls on the highway leading to the Throggs Neck bridge when he was the Community Board 10 Chair. John was not afraid to go where no one would go as you see.

Mr. Marano was a candidate in the upcoming 13th City Council race until yesterday when he dropped out of the race. It is expected that Mr. Marano will support current Assemblyman Mark Gjonaj for the term-limited 13th City Council seat of Councilman James Vacca.  

BRONX MAN INDICTED FOR ATTEMPTED MURDER FOR ATTACKING WOMAN DURING BURGLARY; VICTIM’S YOUNG SON STOPPED HIM

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for Attempted Murder and several others charges for attacking a 32- year-old mother of-two after forcing his way into her apartment in a botched burglary. 

  District Attorney Clark said “The defendant viciously attacked a young woman in front of her two children, trying to smother her and proceeding to injure one of her children. Thanks to the heroic acts of a little boy, the defendant faces many years behind bars.” 

  District Attorney Clark said the defendant, Brian Febus, 22, of Ryer Avenue, was arraigned today before Bronx Supreme Court Justice George Villegas and bail was continued at $500,000. He is due back in court on Sept. 5, 2017. If convicted on the top charge he could face up to 25 years in prison.

  Febus was indicted on second-degree Attempted Murder, two counts of first-degree Burglary, three counts of second-degree Burglary, third-degree Burglary, first-degree Attempted Assault, three counts of second-degree Assault, second-degree Attempted Assault, two counts of third-degree Assault, two counts of Endangering the Welfare of a Child and Criminal Obstruction of Breathing or Blood Circulation. 

  According to the investigation, on April 25, 2017, Febus knocked on the door of Denise Soto’s apartment in the Mount Hope section of the Bronx and asked to use the bathroom. After she refused, he forced his way in, striking her several times and trying to smother her face down on her mattress. Soto’s 11-year-old son stabbed Febus twice. Despite his wounds, Febus continued to assault Soto and fled the apartment after a call was made to police by the boy, who also suffered injuries during the attack.

  An indictment is an accusatory instrument and not proof of a defendant’s guilt.