Michigan Attorney General Mike Cox Files Charges Against Six Individuals for Falsifying Criminal Backgrounds24 February 2006
Attorney General Mike Cox announced today that he has filed charges against six individuals, including a licensed practical nurse, for falsifying their criminal backgrounds in an attempt to gain employment at three Michigan nursing homes.
Attorney General Mike Cox pushed legislation to institute criminal background checks to ensure safety for Michigan's seniors and vulnerable adults.
"These blatant examples of falsifying records dramatically illustrate why the criminal background check law is so important," said Cox. "Nursing homes should be places where residents are safe and secure. Anyone attempting to violate that trust must and will face consequences. My office will continue to pursue those who attempt to deceive or harm our seniors and jeopardize the care provided at Michigan nursing homes."
A felony charge of uttering and publishing, which carries up to 14 years in prison, was filed in the 36th Judicial District Court in Wayne County against Earlletta Johnson, L.P.N., age 39, of Detroit. The complaint alleges that Johnson applied for employment at Northwest Continuing Care Center in Detroit on December 31, 2003, and presented a Michigan State Police Criminal Record Response document which indicated that Johnson had no previous criminal history, when the Defendant knew that the document was false. The felony complaint filed today follows two previous charges filed by Attorney General Cox alleging false employment documentation by the Defendant.
Cox charged Johnson on September 30, 2005, for providing false information on an employment application for St. Michael Nursing Center on January 7, 2003. In an additional filing on November 17, 2005, Cox again charged Johnson with signing a fraudulent employment statement at St. Michael on August 16, 2005. Cox noted that Johnson applied and worked at St. Michael, then worked at Northwest, and subsequently reapplied at St. Michael.
The basis of the allegations is Johnson's conviction on August 5, 1999 for felony welfare fraud in the 3rd Judicial Circuit Court in Wayne County and an April 20, 2005 misdemeanor aggravated assault conviction in the 6th Judicial Circuit Court in Oakland County.
The Attorney General noted his appreciation for the cooperation provided by the respective nursing homes that helped to ensure the safety of the homes' residents.
Cox also filed misdemeanor charges against five other individuals who knowingly falsified their employment applications at facilities located in Wayne and Kalamazoo Counties, a crime which carries 90 days in jail and/or $500 in fines. The defendants all signed applications for employment at licensed nursing facilities denying that they had prior criminal convictions. Cox noted that the statute, which has been in effect since May 10, 2002, denies employment to anyone convicted of a felony within the previous 15-year period and for 10 years if convicted of a qualifying misdemeanor. Charges were filed in the 36th Judicial District Court in Wayne County against:
* Rena Tanae Burgess, age 27, of Detroit, who did not report that on July 7, 1999, she was convicted in Oakland County Circuit Court on 2 counts of felony embezzlement over $100 and was sentenced to 18 months probation and was later convicted of probation violation. Burgess served 1 year in the Oakland County Jail until her release on April 19, 2005. Burgess applied on May 19, 2005, for a position as a Certified Nursing Assistant (C.N.A.) at Fairlane Nursing Centre in Detroit.
* Kelly Denise Fugate, age 36, of Detroit, who did not report that on September 17, 2001, she was convicted of felony Welfare Fraud in Wayne County Circuit Court. Fugate applied on December 15, 2004, for a position as a C.N.A. at Fairlane Nursing Centre.
* Angeline Marie Green, age 33, of Detroit, who did not report that on November 8, 2002, she was convicted of felony possession of a fraudulent financial transaction device (credit card) in Oakland County Circuit Court. Green applied on May 15, 2005, for a position as a C.N.A. at Fairlane Nursing Centre.
In Kalamazoo County, misdemeanor charges were filed in the 8th Judicial District Court in Kalamazoo against:
* Candi Taylor, age 22, of Kalamazoo, who was convicted by guilty plea on a misdemeanor charge of assault/assault and battery on June 18, 2002, in the 8th Judicial District Central Court in Kalamazoo. Taylor applied on February 23, 2005, for a position as a C.N.A. at Metron Nursing Home in Kalamazoo.
* Scott Keith Gillespie, age 36, of Parchment, who did not report that on August 27, 1997, he was convicted by guilty plea on a felony O.U.I.L. in the 9th Judicial Circuit Court in Kalamazoo. Gillespie applied on January 25, 2005, for a position as a maintenance worker at Metron Nursing Home in Kalamazoo.
As a result of Cox's Health Care Fraud Division discovery that 25% of residential care facility employees committing crimes against residents since 2002 had past criminal convictions, the Attorney General commissioned a statewide study.
The study, issued in May of 2005, found that of the more than 5,500 C.N.A's studied, 9% had a total of 836 outstanding criminal warrants and 3%, or 170, had past criminal convictions. These results were confirmed when the backgrounds of entire employee populations at four nursing homes across Michigan revealed 58 of 618 employees, or more than 9%, had 101 outstanding warrants, and that 68, or 11%, of the staffs had past criminal convictions.
The study resulted in legislation sponsored by Sen. Patricia Birkholz (R - Saugatuck Twp.) and Sen. Tony Stamas (R - Midland) to enhance laws regarding criminal background checks for prospective residential care facility employees.
The above charges are the second in a series as a result of Cox's continued scrutiny of nursing home employee criminal backgrounds. Since last September, 17 warrants have been issued for employees falsifying their criminal backgrounds on employment applications at nursing homes in west and southeast Michigan.
A criminal charge is an accusation, and the defendant is presumed innocent until and unless proven guilty.
To report Medicaid provider fraud or patient abuse in a resident care facility, call the Attorney General's 24-hour Hotline at (800 24-ABUSE [800-242-2873]); e-mail hcf@michigan.gov ; or visit http://www.michigan.gov/ag .
Source: prnewswire
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