DISTRICT COURT OF NASSAU COUNTY FIRST DISTRICT ; CRIMINAL PART THE PEOPLE OF THE STATE OF NEW YORK -against- FELONY COMPLAINT RIADEL R. MANZANO D/OPB 4/19/72 DOCKET NO. 10 Oakley Lane East Williston, New York 11596 STATE OF NEW YORK) COUNTY OF NASSAU) Dawn Scandaliato, Shield Number 2415, a Special Investigator in the Office of the New York State Attorney General’s Medicaid Fraud Control Unit, being duly sworn, deposes and says: From on or about and between June 1, 2012 and June 7, 2012, at Woodmere Rehabilitation and Health Care Center, 121 Franklin Place, Woodmere, County of Nassau, State of New York, the Defendant, RIADEL R. MANZANO, intentionally committed the crimes of: Falsifying Business Records in thie First Degree, Penal Law §175.10, a class E felony; Offering a False Instrument for Filing in the First Degree, Penal Law § 175.35, a class E felony; ‘Tampering With Physical Evidence, Penal Law §215.40.1, a class E felony, in that Defendant Manzano, while employed as a registered nurse (RN) and assigned as the director of ‘nursing services (DNS) at Woodmere Rehabilitation and Health Care Center (Woodmere), a residential health care facility, with intent to defraud which included an intent to commit and to aid and conceal the commission of the crime of wilful violation of health laws, made and caused a false entry in the business records of an enterprise; and knowing that aa Thirty-Minute Monitoring Record by noting the resident's lozation, activity and behavior with the date, time, signature and title of the staff member making the observations, I was informed by Edward McGarry, an employee of the New York State Department of Health (DOR), that on June 7, 2012, he was assigned to investigate a complaint about W.0.’s care at Woodmere. McGarry advised me that he went to Woodmere the same day and requested from Defendant Manzano the “Thirty-Minute Monitoring Records” relating to W.O. for use in his investigation. McGarry informed me that in response to his request, Defendant Manzano later handed him a two page copy of a Thirty-Minute Monitoring Record labeled with W.O.’s name covering the period of time from June 4, 2012 to June 5, 2012. I was informed by Marrianne Borromeo, a registered nurse (RN) employed by Woodmere, that she was working as a charge nurse on the day shift on Unit 4 North at Woodmere on June 7, 2012, when she was called by Defendant Manzano who was Woodmere’s director of nursing services and was told to bring W.O.’s medical chart and records to the nursing office. RN Borromeo informed me that she brought W.0.’s medical chart and records to the nursing office and met with Defendant Manzano who told her that W.0.’s Thirty-Minute Monitoring Record was incomplete because it had gaps. Borromeo advised me that Defendant Manzano instructed Borromeo that as the charge murse Borromeo should fill in the gaps in \W.0.'s Thirty-Minute Monitoring Record even though Borromeo informed the Defendant that she did not know the information required to complete W.O.’s Thirty-Minute Monitoring Record because she was not working the days the record covered. Borromeo informed me that Defendant Manzano threatened Borromeo’s employment by reminding her that the Defendant gave Borromeo her job at Woodmere and that Borromeo should complete the record because the DOH investigator was in the facility and asked for the record. Borromeo advised me that she 3then, at Defendant’s direction, falsely completed entries in W.O.’s Thirty-Minute Monitoring Record in the Defendant’s presence and that Defendant then instructed Borromeo not to tell anyone about it. I was informed by Benetia Johnson, a licensed practical nurse (LPN) employed by ‘Woodmere, that she worked in that capacity at Woodmere on June 7, 2012, when she became aware that a DOH investigator was in the building investigating the care received by W.O. and that no Thitty-Minute Monitoring Record had been prepared for W.O. the previous night as requited. LPN Johnson informed me that she spoke with Defendant Manzano and that Defendant Manzano escorted Johnson out of the building through a door in the dialysis unit in order to prevent Johnson from having to speak with the DOH investigator and that Defendant Manzano told Johnson, “T can’t let them see you; go home”. Johnson advised me that Defendant Manzano also questioned Johnson about her subsequent interview by the DOH investigator and when Johnson told the Defendant that she provided a false statement to the investigator, Defendant Manzano told Johnson that was “good” and ushered Johnson to an area outside the view of the facility’s surveillance cameras for further conversation. Special Investigator, Shield #2415 ‘Sworn to before me this 9th day of June, 2015 voy eRe ;DISTRICT COURT OF NASSAU COUNTY FIRST DISTRICT : CRIMINAL PART THE PEOPLE OF THE STATE OF NEW YORK. -against- FELONY COMPLAINT RODEL V. PLACINO D/OIB 10/26/71 DOCKET NO. 343 Hewlett Parkway Hewlett, New York 11557 STATE OF NEW YORK) COUNTY OF NASSAU) Dawn Scandaliato, Shield Number 2415, a Special Investigator in the Office of the New York State Attorney General’s Medicaid Fraud Control Unit, being duly swom, deposes and says: From on or about and between June 1, 2012 and July 9, 2012, at Woodmere Rehabilitation and Health Care Center, 121 Franklin Place, Woodmere, County of Nassau, State of New York, the Defendant, RODEL V. PLACINO, intentionally committed the crime of: Falsifying Business Records in the First Degree, Penal Law §175.10, a class E felony (two counts) in that Defendant Placino, while employed as a registered nurse (RN) and assigned as a RN supervisor at Woodmere Rehabilitation and Health Care Center (Woodmere), a residential health care facility, with intent to defraud which included an intent to commit and to aid and conceal the commission of the crime of wilful violation of health laws, made and caused a false entry in the business records of an enterprise.‘The offense was committed under the following circumstances: I have reviewed the medical records maintained by Woodmere for resident W.O., @ person whose full name is known to me, which my office received from the facility. Those records revealed that on May 3, 2012, W.O. was 50 years old and diagnosed with end-stage renal disease, muscle weakness, coronary artery disease and other diseases and disabilities and was unable to care for himself. W.O. ‘Woodmere resident profile record indicated that W.O. was classified as being at risk for falls. The records further revealed that on May 29, 2012, June 4, 2012 and June 5, 2012, W.O. was found on the floor at Woodmere and that he sustained injuries on June 4, 2012, including a laceration on the back of W.O.’s head. ‘A Physician’s Order dated June 1, 2012, that I reviewed, required that Woodmere staff monitor W.O. every thirty minutes for seven days, as part of his medical care. Woodmere’s policies and procedures required that thirty minute monitoring of the resident be documented on a Thirty Minute Monitoring Record by noting the resident’s location, activity and behavior with the date, time, signature and title of the staff member making the observations. I was informed by Edward McGarry an employee of the New York State Department of Health (DOM), that on June 7, 2012, he was assigned to investigate a complaint about W.O.’s care at Woodmere. McGarry advised me that he went to Woodmere the same day and requested from Director of Nursing Services Riadel Manzano the “Thirty Minute Monitoring Records” relating to W.O. for use in his investigation. McGarry informed me that in response to his request, Manzano later handed him a two page copy of a Thirty Minute Monitoring Record labeled with ‘W.O.’s name covering the period of time from June 4, 2012 to June 5, 2012.I was informed by Defendant Placino, on September 16, 2013, that he falsely reported to ‘Woodmere Administrator Mitchell Teller during Woodmere’s investigation into the care given to resident W.O. that he (Placino) observed RN Marrianne Borromeo forge the name of certified nurse aide (CNA) Phillis Patterson on W.O.’s Thirty Minute Monitoring Record. Defendant Placino informed me that in reality he did not observe Borromeo sign Patterson’s name to the record. The false information provided by the Defendant became part of Woodmere's records of the incident. T was informed by Benetia Johnson, a licensed practical nurse (LPN) employed by Woodmere, that she worked in that capacity at Woodmere on June 7, 2012, when she went to unit 4 North and she became aware that a Department of Health staff member was in the building investigating the care received by W.O. and no Thirty Minute Monitoring Record had been properly prepared for W.O. the previous night, as required. LPN Johnson spoke with the Defendant, who was a RN supervisor on duty and the Defendant instructed her to sign the Thirty Minute Monitoring Record even though he knew that LPN Johnson did not actually monitor resident W.O,, and Johnson falsely signed the record at the Defendant's direction. I was informed by G.S., a person whose full name is known to me, that G.S. was working at Woodmere as a night RN supervisor on June 6, 2012, and G'S. spoke with Defendant Placino, who told G.S. that the New York State Department of Health (DOH) came to Woodmere the day before and W.O.’s Thirty Minute Monitoring Record had not been completed so the Defendant falsely completed entries in the record because it was not done the day before, including during G.S.’s shift.1 was informed by Lourdie Agenor that she was working at Woodmere as a CNA on or about June 5, 2012 to June 6, 2012, when the Defendant called her into the nursing supervisor's office to speak to her about resident W.O.’s Thirty Minute Monitoring Record and the Defendant showed her a Thirty Minute Monitoring Record labelled with W.O.’s identifying information and told her to sign the record documenting that she made observations of W.O. at specific times, or she would be in trouble. CNA Agenor informed me that she told the Defendant that she did not observe W.O. and did not know who he was and the Defendant instructed her to complete the entries knowing that she did not observe the resident, and she did so. CNA. Agenor informed me that the Defendant later told her that she would be contacted by the DOH and she should tell ‘them that she observed resident W.O. and signed the Thitty Minute Monitoring Record contemporaneously, when she had not done so, and the Defendant instructed her not to tell the DOH?'s representative that he told her to sign the record, or she would be fired from her job at ‘Woodmere. Spetial Investigator, Shield #2415 ‘Swom to before me this Ge day of DUNE _, 2015 REGINA HOGAN Notary Public, State of New York No. of H106082872 cualfed in Suto Cou contigs Bes June 8 2013DISTRICT COURT OF NASSAU COUNTY FIRST DISTRICT : CRIMINAL PART THE PEOPLE OF THE STATE OF NEW YORK. -against- FELONY COMPLAINT MARRIANNE BORROMEO D/OMB 10/11/73 DOCKET NO. 4912 69 Street Woodside, New York 11377 ss. STATE OF NEW YORK) ) COUNTY OF NASSAU) Dawn Scandaliato, Shield Number 2415, a Special Investigator in the Office of the New York State Attorney General’s Medicaid Fraud Control Unit, being duly swom, deposes and says: From on or about and between June 1, 2012 and June 7, 2012, at Woodmere Rehabilitation and Health Care Center, 121 Franklin Place, Woodmere, County of Nassau, State of New York, the Defendant, MARRIANNE BORROMEO, intentionally committed the crime of: Falsifying Business Records in the First Degree, Penal Law §175.10, a class E felony in that Defendant Borromeo, while employed as a registered nurse (RN) and assigned as an RN supervisor at Woodmere Rehabilitation and Health Care Center (Woodmere), a residential health care facility, with intent to defraud which included an intent to commit and to aid and conceal the commission of the crime of wilful violation of health laws, made and caused a false entry in the business records of an enterprise, ‘The offense was committed under the following circumstances:I have reviewed the medical records maintained by Woodmere for resident W.O., a person whose full name is known to me, which my office received from the facility. Those records revealed that on May 3, 2012, W.O. was 50 years old and diagnosed with end-stage renal disease, muscle weakness, coronary artery disease and other diseases and disabilities and was unable to care for himself. W.O.’s Woodmere resident profile record indicated that W.O. was classified as being at risk for falls, The records further revealed that on May 29, 2012, June 4, 2012 and June 5, 2012, W.O. was found on the floor at Woodmere and that he sustained injuries on June 4, 2012, including a laceration on the back of W.O.’s head. ‘A Physician’s Order dated June 1, 2012, that I reviewed, required that Woodmere staff monitor W.O. every thirty minutes for seven days, as part of his medical care. Woodmere’s policies and procedures required that thirty minute monit 1g of the resident be documented on a Thirty Minute Monitoring Record by noting thie resident’s location, activity and behavior with the date, time, signature and title of the staff member making the observations. I was informed by Edward McGarry, an employee with the New York State Department of Health (DOH), that on June 7, 2012, he was assigned to investigate a complaint about W.0.’s care at Woodmere, McGarry advised me that he went to Woodmere the same day requested from Director of Nursing Services (DNS) Riadel Manzano the “Thirty Minute Monitoring Records” relating to W.O. for use in his investigation. McGarry informed me that in response to his request Manzano later handed him a two page copy of a Thirty ute Monitoring Record labeled with W.O.’s name covering the period of time from June 4, 2012 to June 5, 2012. On May 7, 2013, I was informed by Defendant Borromeo, thet on or about June 7, 2012, she met with DNS Manzano at Woodmere and Manzano looked at the Thirty Minute Monitoring Recordfor resident W.O, and noticed that there were portions of the record that had not been completed. Manzano told Defendant Borromeo that as the charge nurse on W.O."s unit Defendant Borromeo should complete the record. I was further informed by Defendant Borromeo that she advised Manzano that she was not working on the days the record covered and she could not accurately complete the record. Defendant Borromeo informed me that after further urging by Manzano, the Defendant falsely entered on W.O.’s Thirty Minute Monitoring Record the resident's purported location, activity and behavior every thirty minutes during the 3pm to 11pm shift on June 4, 2012. The Defendant further informed me that Manzano knew that the entries the Defendant made on W.0.’s Thirty Minute Monitoring Record were false when she made them because the Defendant was not working at those times and therefore could not have observed the resident. Spedfal Investigator, Shield #2415 ‘Sworn to before me this 9th day of June, 2015 —Hy~ GINA HOGAN Notary Public, State of New York No, oT1H196042872 Qualicd in Sutfolk County, 777 ‘Commission Expires June 8DISTRICT COURT OF NASSAU COUNTY FIRST DISTRICT : CRIMINAL PART ‘THE PEOPLE OF THE STATE OF NEW YORK -against- FELONY COMPLAINT BENETIA D. JOHNSON D/O/B 6/23/89 DOCKET NO. 110-14 198 Street Saint Albans, New York 11412 STATE OF NEW YORK) COUNTY OF NASSAU ; = Dawn Scandaliato, Shield Number 2415, a Special Investigator in the Office of the New York State Attomey General’s Medicaid Fraud Control Unit, being duly sworn, deposes and says: From on or about and between June 1, 2012 and June 7, 2012, at Woodmere Rehabilitation and Health Care Center, 121 Franklin Place, Woodmere, County of Nassau, State of New York, the Defendant, BENETIA D. JOHNSON, intentionally committed the crime of: Falsifying Business Records in the First Degree, Penal Law §175.10, a class E felony in that the Defendant, while employed as a licensed practical nurse (LPN) and working in that capacity at Woodmere Rehabilitation and Health Care Center (Woodmere), a residential health care facility, with intent to defraud which included an intent to commit and to aid and conceal the commission of the crime of wilful violation of health laws, made and caused a false entry in the business records of an enterprise. ‘The offense was committed under the following circumstances:I have reviewed the medical records maintained by Woodmere for resident W.O., a person whose full name is known to me, which my office received from the facility. Those records revealed that on May 3, 2012, W.O. was 50 years old and diagnosed with end-stage renal disease, muscle weakness, coronary artery disease and other diseases and disabilities and was unable to care for himself. W.O.’s Woodmere resident profile record indicates that W.O. was classified as being at risk for falls. The records further revealed that on May 29, 2012, June 4, 2012 and June 5, 2012, W.O. was found on the floor at Woodmere and that he sustained injuries ‘on June 4, 2012, including a laceration on the back of W.O.’s head. A physician’s order dated June 1, 2012, that I reviewed, required that Woodmere staff monitor ‘W.O. every thirty minutes for seven days, as part of his medical care. Woodmere’s policies and procedures required that thirty minute monitoring of the resident be documented on @ Thirty ‘Minute Monitoring Record by noting the resident's location, activity, and behavior with the date, time, signature and title of the staff member making the observations. I was informed by Edward McGarry, an employee of the New York State Department of Health (DOH), that on June 7, 2012, he was assigned to investigate a complaint about W.O.’s care at Woodmere. McGarry advised me that he went to Woodmere the same day and requested from Director of Nursing Services Riadel Manzano the “Thirty Minute Monitoring Records” relating. to W.O. for use in his investigation, McGarry informed me that in response to his request ‘Manzano later handed him a two page copy of a Thirty Minute Monitoring Record labeled with W.O.’s name coveting the period of time from June 4, 2012 to June 5, 2012. On February 26, 2013, I was informed by Defendant Johnson that she worked as a LPN at Woodmere on June 7, 2012, and became aware that a DOH staff member was in the buildinginvestigating the care received by W.O. and that no thirty minute monitoring record had been prepared for W.O. the previous night, as required, Defendant Johnson informed me that she spoke with Registered Nurse Rodel Placino, who was a supervisor on duty and that he instructed her to sign the Thirty Minute Monitoring Record to reflect that she observed resident W.O. even though the Defendant did not actually monitor resident W.O. Defendant Johnson admitted to me that she falsely made entries to W.O.’s Thirty Minute Monitoring Record to conceal that W.O. ‘was not properly monitored. Special Investigator, Shield #2415 ‘Sworn to before me this GB ay op SYNE 2015 Not REGINA HOGAN Notery Public, Sats ot Now York Qualitied in Suffolk County, Comission Expires June &,