Wednesday, February 8
Law

Attorney General James Announces Indictment of Long Island Nursing Home Staff for Sexually Assaulting a Resident

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New York Attorney General Letitia James today announced the indictment of staff at Fulton Commons Care Center, Inc. (Fulton Commons), a nursing home in East Meadow, New York, for sexually assaulting a resident and then attempting to cover it up. Daniel Persaud, a former Licensed Practical Nurse at Fulton Commons, was charged with sexually assaulting a resident at the facility in the fall of 2020, and Carol Frawley, a former Director of Nursing and a high managerial agent acting on behalf of Fulton Commons, was charged with multiple counts of falsifying business records for covering up sexual assault and failing to report it.

“The charges against Daniel Persaud and Carol Frawley are disturbing and appalling, and that those tasked with the care of our most vulnerable could cause such harm violates the trust New Yorkers are expected to have in nursing homes,” said Attorney General James. “Fulton Commons, Frawley, and Persaud allegedly committed horrific abuses against a resident and knowingly hid those actions. These heinous crimes will not go unchecked — and my office will ensure these individuals are held accountable.”

In the indictment, a Nassau County Grand Jury charged Daniel Persaud with Sexual Abuse in the Third Degree, Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled Person in the Second Degree, Willful Violation of Public Health Laws, and Forcible Touching for an act committed against a female resident at Fulton Commons between October 1, 2020, and November 26, 2020.

The Grand Jury also charged Carol Frawley with two counts of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, multiple counts of Falsifying Business Records in the First Degree, and Willful Violation of Public Health Laws. The Indictment alleges that Carol Frawley, acting on behalf of Fulton Commons, intentionally lied on internal records that should have accurately reported complaints regarding Daniel Persaud’s conduct from residents and staff. Carol Frawley is also alleged to have failed to report complaints to the New York State Department of Health (DOH) as required by law whenever staff have reasonable cause to believe a resident has been abused, mistreated, or neglected.

The Indictment further alleges that by failing to take disciplinary action against Daniel Persaud or report his conduct to DOH, Carol Frawley and Fulton Commons endangered the residents in their care.

Daniel Persaud and Carol Frawley appeared today before the Honorable Terrence Murphy in Nassau County Court. The individuals and Fulton Commons are next required to appear in court on December 21, 2022.

The charges filed in this case are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

Attorney General James encourages anyone with information or concerns about nursing home conditions to file confidential complaints online or call the hotline at (833) 249-8499.

This matter is being handled by the Attorney General’s Medicaid Fraud Control Unit (MFCU). The investigation was led by Detective Anthony Caban and Detective Supervisor Dominick DiGennaro, assisted by Medical Analyst Stephanie Keyser, R.N., Detective Stanislav Tabakov, Senior Detective Larry Williams, Deputy Chief Kenneth Morgan, and Deputy Chief William Falk.

The case is being prosecuted by Special Assistant Attorneys General Haley Campbell, Brandon Phillips, and Regional Deputy David Arias, under the supervision of Assistant Attorneys General Twan Bounds, Regional Director for New York City and Thomas O’Hanlon, Chief of Criminal Investigations.

MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. MFCU is a part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Jennifer Levy.

MFCU’s total funding for federal fiscal year (FY) 2023 is $65,717,936. Of that total, 75 percent, or $49,288,452, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $16,429,484 for FY 2023, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, it regularly returns more to the state than it receives in state funding.


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