Rosen Decision

8/4/2019 Rosen Decision

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

xUNITED STATES OF AMERICA

-v - 11 Cr. 300 (JSR)

DAVID ROSEN, FINDINGS OF FACT AND

CONCLUSIONS OF LAW

Defendant .x

JED S. RAKOFF, U.S.D.J .

This i s a sad, even t r a g i c case, as it r evea l s how a

widely-admired hosp i t a l admin is t r a to r who d i l i gen t l y sought to be t t e r

the hea l th care of impoverished communities nonethe less chose to

en tang le himse l f in th e br ib ing o f s t a t e l e g i s l a t o r s .

Defendant David Rosen s tands charged with engaging in a cor rup t

scheme to br ibe three New York l e g i s l a to r s - former New York Sta te

Assemblyman Anthony Seminer io, New York Sta te Assemblyman William

Boyland, J r . , and New York Sta te Senator Car l Kruger - in orde r to

b e n e f i t th e MediSys Health Network ("MediSys") , of which Rosen was

the Chief Execut ive Off ice r fo r over th ree decades . Spec i f i ca l ly ,

th e Superseding Indic tment ("Indic tment") charges Rosen with

funne l ing nea r ly $600,000 of MediSys' funds in to Seminer io and

Boyland, Jr.'s pocke ts by means of sham consu l t ing co n t r ac t s , and

d i rec t ing luc ra t ive MediSys con t rac t s to e n t i t i e s in which Seminerio

and Kruger had a f inanc ia l i n t e r e s t . In exchange fo r these br ibes ,

according to th e Indictment , Seminer io, Boyland, J r . , and Kruger each

agreed to ex p lo i t t h e i r p o s i t i o n s as e lec ted s t a t e l eg i s l a t o r s to

Case 1:11-cr-00300-JSR Document 138 Filed 09/12/11 of 40



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take o f f i c i a l ac t s benef i t t i ng Medisys as sp e c i f i c oppor tun i t i e s to

do so arose .

The mat te r was t r i ed before t h i s Cour t a few weeks ago. Having

now care fu l ly reviewed a l l of the evidence , inc luding the i n - co u r t

tes t imony of twenty-nine witnesses and th e severa l hundred exh ib i t s

t ha t were rece ived in evidence a t t r i a l , th e Court hereby concludes ,

based on th e f indings of fac t and conclusions of law s e t fo r th below,

t ha t David Rosen i s gu i l t y beyond a reasonab le doubt of a l l remaining

Counts of th e Indic tment of which he i s charged.

By way of background, on Apri l 7, 2011 a grand ju ry re turned an

eleven count Indic tment aga ins t Rosen and var ious o th e r defendants ,

inc lud ing Boyland, J r . and Kruger .1

By St ipu la t ion and Order dated

Apr i l 29, 2011, Rosen was severed, on consent , from the o th e r

defendants . Therea f t e r , both s ides e lec ted a bench t r i a l on the

seven counts of the Indic tment in which Rosen i s charged. The t r i a l

began on July 25, 2011, and continued through August 12, 2011. In

the p rocess , the Court , fo r the reasons s t a t e d from the bench, see

t r i a l t r a ns c r ip t ("Tr.n) a t 1592, dismissed Count 3, and the

Government vo lun ta r i ly dismissed Count 4. Id .

Co-consp i ra to r Seminer io , who was prev ious ly conv ic ted o f o th e r

charges, died in pr ison in January , 2011. The f ind ings of f a c t and

conclusions of law s e t fo r th below a re in no way binding on th e

remaining defendants , who have no t y e t been t r i ed and who are

presumed innocent u n t i l and unless the Government proves t h e i r g u i l t

a t t r i a l beyond a reasonable doubt. Boyland, J r . i s to be t r i ed by ajury beginning November I , 2011 and the o th e r defendants are to be

t r i ed by a jury beginning January 17, 2012.

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The remaining counts (counts 5 9) charge Rosen with committ ing

and conspi r ing to commit "honest se rv ices f raud," in v io l a t i on of 18

U.S.C. §§ 1341, 1343 & 1346, and o f conspi r ing to commit " federa l

programs br ibery ," i n v i o l a t io n of 18 U.S.C. §§ 666(a) (1) (B) &

(a) (2), and "Trave l Act br ibery ," in v io l a t i on of 18 U.S.C. §

1952 (a ) (3) .

More s pe c i f i c a l l y , counts 5 and 6 charge Rosen with devis ing ,

and execut ing by use of the mails and i n t e r s t a t e wires , a scheme to

br ibe Seminerio, Boyland, J r . , and Kruger , and thereby depr ive New

York S ta t e and i t s c i t i z e ns of t h e i r l e g i s l a t o r s ' honest se rv ices , in

v io la t ion of 18 U.S.C. §§ 1341, 1343, 1346. Th e f edera l mail and

wire f raud s t a tu t e s make it a f edera l crime to use the mai l s and

i n t e r s t a t e wire communication to execute a "scheme o r a r t i f i c e to

defraud, or fo r obta in ing money o r prope r ty by means of fa l se o r

f raudu len t pre tenses , r ep resen ta t ions , o r promises." 18 U.S.C. §§

1341, 1343. Pursuant to 18 U.S.C. § 1346, "depriv( ing] another of

th e in tang ib le r i gh t of honest se rvices" i s a spec ies of "fraud"

under these s t a t u t e s ; and while the " r igh t to hones t se rvices" has

been held uncons t i tu t iona l ly vague in some r espec t s , i t s core

app l ica t ion to b r ibery and kickback schemes remains i n t ac t . See

S k i l l United S ta t e s , 130 S. Ct. 2896 (2010) . To meet i t s

burden of proof with re spec t to these Counts , th e Government must

prove, beyond a reasonab le doubt , t ha t Rosen i n t e n t iona l ly engaged in

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a f raudulent scheme to deprive New York Sta te and its c i t i z e ns of

t he i r r i gh t to the honest se rv ices of t h e i r l e g i s l a t o r s , and t ha t th e

mails o r i n t e r s t a t e wires were employed in fur therance o f the scheme.

, 354 F.3d 124, 145 (2d Cir . 2003).ee United Sta tes v.

count 8 charges Rosen with conspi r ing with a t l e a s t one o ther

person to commit mai l and wire f raud in connec t ion wi th the br ibery

of Boyland, J r . To meet i t s burden of proof as to t h i s charge , the

Government must prove, beyond a reasonable doubt, t ha t Rosen

i n t e n t iona l ly agreed with a t l e a s t one o th e r person to br ibe Boyland,

J r . , in the manner charged in Counts 5 and 6, and t h a t a t l eas t one

of the members of the conspiracy committed a t l e a s t one over t ac t in

fu r therance of t ha t conspiracy. See United Sta tes v. Snype, 441 F.3d

119, 141 (2d Cir . 1998) .

Counts 7 and 9 charge Rosen with conspi r ing with a t l eas t one

o th e r person to br ibe Seminer io (Count 7) and Boyland J r . (Count 9) I

e i t he r in v io la t ion of 18 U.S.C. § 666(a) (2)2 and/or in v io l a t i on of

18 U.S.C. § 1952(a) (3) . Regarding the conspiracy to v io l a t e §

666(a) (2), the Government must prove beyond a reasonable doubt t h a t

Rosen engaged in a conspiracy to cor rup t ly give o r o f f e r anyth ing

with a value of a t l e a s t $5,000 to an agent o f the Sta te of New York,

with the i n t e n t to inf luence o r reward t ha t ind iv idua l " in connect ion

2 These counts a l so a l l ege a conspiracy to v i o l a t e 18 U.S.C. §

666 (a ) ( l ) (B), bu t t h i s i s more d i rec ted a t the s o l i c i t a t i o n of the

br ibes by the rec ip ien t s and need not be considered here .

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with h is o f f i c i a l du t ies , see 18 U.S.C. § 666 (a) (2) 3 . As to th e

conspiracy to v i o l a t e §1952(a) (3), the Government must prove beyond a

reasonable doubt t h a t th e defendant i n t e n t iona l ly ente red i n to a

conspiracy to t r ave l in i n t e r s t a t e commerce o r to use o r cause to be

used the ma i l s o r any i n t e r s t a t e f a c i l i t y to fu r t h e r the making o f

br ibes to , r espec t ive ly , Seminer io and Boyland, J r . i n v i o l a t i o n o f

New York Sta te Penal Law § 200.00. 4

Addi t iona l ly , as to each of the foregoing Counts, th e Government

must prove, but on ly by a preponderance of the evidence , t ha t ac t s

cons t i tu t ing the crime charged occurred within the Southern D i s t r i c t

of New York. See United Sta tes v. Tzolov, 642 F.3d 314, 317 (2d Cir .

2011) .

3 I t i s also an element of t h i s s t a t u t e t ha t during the per iod of the

br ibe the governmental en t i t y in ques t ion - here , New York Sta te

rece ive " in an y o n e year per iod , benef i t s in excess o f $10,000 undera Federa l program./I See id ____ § 666(b) . Because t h i s element was notdisputed , it was not much discussed by counse l but was, nonethe less ,

proved by the Government beyond a reasonable doubt . , Gov.

Ex. 2329; Tr. a t 284, 525, 900 i see a l so , e . g . , Def. Ex. 829

(d i scuss ing the b i l l i ons of do l l a rs in f edera l g ran t s rece ived by New

York Sta te as p a r t of the Medicaid program) .

4 This sec t ion prov ides , in p e r t i n e n t p a r t , t ha t :

A person i s gu i l t y o f br ibery in the t h i rd degree when he

confers , o r o f fe r s o r agrees to confer , any b e n e f i t upon apubl i c se rvan t upon an agreement o r understanding t ha t suchpubl i c s e r v a n t ~ s vote , opin ion , judgment, ac t ion , dec i s ion o r

exe rc i se of d i sc re t i o n as a publ i c se rvan t w i l l thereby bein f luenced .

N.Y. Pen. L. § 200.00.

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With the fo rego ing requ i rements in mind, th e Court f inds th e

per t inen t f ac t s to be as fo l lows:5

At a l l t imes r e levan t , David Rosen was the CEO of MediSys and

i t s co n s t i t u en t hosp i t a l s . Tr. a t 42. MediSys owns and opera tes

seve ra l hosp i t a l s in Queens and Brooklyn, inc luding Jamaica Hospi ta l

Medical Center ("Jamaica Hospi ta l - o r "Jamaica- ) , Flushing Hospi ta l ,

and Brookdale Univers i ty Hospi ta l and Medical Center ("Brookdale

Hospi ta l " o r "Brookdale") . Id . a t 42-43.

Well p r i o r to the t ime of the consp i rac i e s here a l l eged , Rosen

became aware of Seminer io ' s importance to Jamaica Hosp i t a l ' s

f inanc ia l hea l th and con t inued ex is tence . In 1976, Rosen became CEO

of Jamaica Hospi ta l , which was then a s tand-a lone e n t i t y . See id . a t

42. Short ly t he r e a f t e r , the Heal th Systems Agency of the Ci ty of New

York ("HSA") pub l ic ly recommended t h a t Jamaica discont inue ope ra t ing

as a h o s p i t a l and be conver ted to a smal le r - sca le c l i n i c . rd . a t

1148. In response to the HSA's announcement, Rosen helped l ead a

concer ted, community-based campaign in suppor t of Jamaica ' s

cont inuing to opera te as a fu l ly - func t ion ing h o sp i t a l . Id . This

campaign resu l t ed in , among o th e r t h ings , a publ i c hear ing a t which

5 These f indings of f ac t r e f l ec t , among o th e r t h ings , t he Cou r t 's

assessments of the demeanor and r e l i a b i l i t y of each of the witnesses

and the Cour t ' s drawing of reasonable i n fe rences from the tes t imony

it found cred ib le and persuas ive . Although t r a ns c r ip t c i t a t i ons are

given fo r many of the fac t s found, these c i t a t i ons a re not in tended

to be exc lus ive . In many i n s t ances , moreover , the Court drew

impor tan t infe rences from a mul t i tude o f c i rcums tan t ia l fac t s , and it

would be impossibly burdensome to list a l l such ci rcumstancessupport ing each such i n fe rence .

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Assemblyman Seminerio voiced h is s t rong support fo r Jamaica . Id . a t

1149. The HSA's recommendation was never ac ted upon, and Jamaica

survived i n t ac t .

Subsequently, in 1985, the New York Sta te l eg i s l a t u re adopted,

and Governor Mario Cuomo s igned in to law, "Secured Hospi ta l

Financing Program." Id . a t 1154. This l eg i s l a t i on - - which was

draf ted , in pa r t , by Jamaica Hosp i t a l ' s ou ts ide a t to rney and

lobby is t , George Kalkines -- was pr inc ipa l ly sponsored by Seminer io.

Id . a t 1151. Seminerio also played a c r i t i c a l ro le in rec ru i t ing

l eg i s l a t i ve co-sponsors fo r the b i l l , shepherding the b i l l through

requis i t e l e g i s l a t committees, and persuading Governor Cuomo,

who was i n i t i a l l y skep t i ca l , t o s ign l eg i s l a t i on . Id . a t 1149

1154.

Through the program crea ted by t ha t l eg i s l a t i on , a small number

of f inanc ia l ly d i s t ressed hosp i t a l s were able to i s sue bonds

guaranteed by New York Sta te . Id . a t 1555. In 1987, Jamaica became

one of the f t hosp i t a l s to benef i t from th e program, obta in ing

$105 mil l ion in secured f inancing to r ebu i ld and r ev i t a l i ze i t s

ope ra t ions . Id . Rosen and the r e s t of Jamaica ' s sen io r management

team comprised of Mounir Doss, Chief Financ ia l Off ice r , and

Bruce Flanz, the Chief Operat ing Off ice r - - chose to use the

f inanc ing to pay Jamaica ' s debts , purchase new equipment , and

comple te ly r econs t ruc t th e hosp i t a l ' s phys ica l premises . Id . a t

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1555-57. This l a t t e r pro jec t re su l t ed in what Flanz descr ibed as a

" v i r tua l ly new replacement hospi ta l ,1/ with , among many o th e r t h ings ,

a new emergency department , new ope ra t ing rooms, and more i n -pa t i e n t

capac i ty . Id . a t 1555. Moreover, because the hosp i t a l

r econs t ruc t ion p ro j e c t was completed under budget , Jamaica decided to

use the remaining bond f inancing to bu i ld , adjacent to the o ld

hosp i t a l , a complete ly new 130,000 square foo t bui ld ing , offe r ing

psych ia t ry , t raumat ic bra in in ju ry , and ambulatory care se rv ices .

Id . a t 1555 56.

I t was obvious to Rosen t ha t Seminerio was mater i a l ly

respons ib le fo r garner ing the Sta te suppor t t ha t helped Rosen to

t ransform Jamaica from a s t rugg l ing opera t ion to a modern and

f inanc ia l ly- s tab le e n t e rp r i s e . Indeed, in r ecogn i t ion of Seminer io ' s

p ivo ta l ro le , Jamaica Hospi ta l , a t the 1987 groundbreaking fo r the

new hosp i t a l , placed a "very big s ign over the ent rance to the

ceremony" s t a t i ng "Welcome to Seminerio City ." Id . a t 907, 1156.

Furthermore, in the years t ha t immediately fo l lowed, Seminerio

continued to demonstra te an act ive and e f f e c t ive i n t e r e s t in

a s s i s t i ng the hosp i t a l . For ins tance , in 1998, Seminerio a l e r t e d

Jamaica to th e ava i l ab i l i t y of a piece of proper ty a t 90-09 Van Wyke

Expressway ("90-09") - - a 20,000 to 25,000 square foo t bui ld ing

nearby the Hospi ta l t ha t Rosen had hoped to acqui re and use fo r

hosp i t a l programming. Id . a t 90 9 910, 1158-59. Seminerio then

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ass i s ted Jamaica in the acqu i s i t ion of 90-09, by, i n t e r a l i a ,

iden t i fy ing "people who could be he lp fu l in the acqu is i t ion" and

s e t t i ng up meetings with those ind iv idua l s on Jamaica ' s beha l f . Id .

a t 910; see Defendant ' s Exhibi t ("Def. Ex.") 406. As ano ther

example, s t a r t i ng in the l a t e 1990s and con t inu ing t he r e a f t e r ,

Seminerio ass i s ted Jamaica in i t s e f f o r t s to cons t ruc t a parking

garage to a l l ev i a t e a park ing shor tage around the Hospi ta l . Tr. a t

1158, 1161. Although Seminer io ' s as s i s tance with r espec t to such

l o ca l mat te rs did not inheren t ly r e l a t e to h is o f f i c i a l du t ies as an

Assemblyman, he made them so by express ly using h is pos i t ion as an

e lec ted S ta te o f f i c i a l to advance such ass i s t ance , ~ ~ , by us ing h is

o f f i c i a l l e t t e rhead s ta t ionary to wri te in suppor t o f Jamaica ' s

pos i t ion in these mat te r s . See Tr. a t 951 52.

Eventua l ly , however, Rosen l ea rned t h a t Seminer io ' s cont inued

suppor t fo r Jamaica and MediSys would come a t a pr i c e . s pe c i f i c a l l y ,

in the l a t e 1990s, Seminerio suggested to Rosen t h a t Seminer io be

r e ta ined as a "consul tant ." Both from the way the consu l t ancy was

i n i t i a l l y handled and from subsequent events , d e t a i l e d below, the

Cour t i n f e r s t h a t Rosen unders tood, even a t the ou t se t , t ha t the

"consul t ing" arrangement was a disguised br ibe , necessary to assure

Seminer io ' s l eg i s l a t i ve suppor t fo r MediSysi b ut Rosen nonethe less

wi l l ing ly chose to en te r in to the arrangement .

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As a f i r s t s tep in the arrangement , Rosen d i rec ted Steven Bory

th e Chief Execut ive Off ice r of Neighborhood Heal th Prov iders

("NHP"), a managed care company owned by Medisys - t o h i re seminer io

as a consu l t an t l which Bory did through a wri t t en con t rac t dated

November 111 1998. Id . a t 396-401 1 423-24; see Government Exhibi t

("Gov. Ex. l I ) 1100. This agreement which was never disc losed to

MediSysl Board of Direc to r s see id . a t 912 1 was howeverl

i n s u f f i c i e n t to sa t i s fy Seminer io . SO l roughly s ix months l a t e r l on

Apri l 16 1 1999 1 Rosen himse l f l on beha l f of Jamaica Hospi ta l l signed

a wri t t en consul tancy con t rac t between Jamaica and Seminer io / s

consul t ing f ron t MARC Consul tants ("MARCII) whereby MediSys would

make r egu la r payments to MARC i . e . Seminerio) I t o t a l i ng

approximately $40 1000 annual ly . See Gov. Ex. 1102.

These con t rac t s on t h e i r face l were no t necessa r i ly unlawfu l .

The New York Sta te l e g i s l a tu r e i s a par t - t imebodYI

and Sta te

l e g i s l a to r s a re the re fo re permi t ted under New York law to engage in

out s ide employment subject to a v a r i e t y of l i m i t a t i o n s , inc luding l

of course , a proh ib i t ion on rece iv ing b r ib e s . See N.Y. Pub. Off. L.

§§ 73-77. However, fo r reasons de l inea ted below, the Court concludes

t ha t the main purpose of these wri t t en con t rac t s was to provide a

p laus ib le "coverll fo r the br ibes Rosen in tended to funnel to

Seminer io . Thus while both con t rac t s pious ly s t a t e d t ha t Seminerio

"sha l l not provide any consul t ing se rv ices in r espec t of any u n i t o r

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agency of the Sta te of New York, inc luding the s t a t e l eg i s l a t u re , "

Gov. Exs. 1100, 1102, v i r t ua l l y every se rv ice Seminerio rendered fo r

MediSys was undertaken in h is capac i ty as an Assemblyman. Moreover,

while Rosen to ld Neil Phi l l i p s , Chairman of MediSys' Board of

Direc to rs , t ha t the Jamaica-MARC consul tancy arrangement had been

ve t ted and approved by the New York Sta te l eg i s l a t i ve e th ics

committee, Tr. 908 909, 1599-1600, t h i s was unt rue , id . 1628, 1643;

see Gov Ex . 101, and the re i s no cred ib le evidence t ha t Rosen had a

good f a i t h be l i e f t h a t t h i s was so . Indeed, th e con t rac t had been

draf ted in l e s s than ha l f an hour by Barbary Arky, an a t to rney in

Kalkines ' law f i rm, and then sen t d i rec t l y to MediSys, where it was

pe rsona l ly handled by Rosen. See id . 1627-28. 6

Even more t e l l i ng l y , Rosen kept Seminer io ' s "consul tancy"

e n t i r e ly hidden from Joanne Ariola , MediSys' Direc to r of

Intergovernmenta l Affa i r s ,who

was re spons ib l e fo r being MediSys'

primary " l i a i so n with government o f f i c i a l s . and quasi-government

agencies , such as . community groups," id . a t 251 - - even though

she would have been the l og ica l person to be to be involved in any

genuine consul t ing by Seminerio. Tr. a t 264, 267.

6 TheCourt

r e j ec t s the sugges t ion ofRosen 's counse l , see Tr. a t1827, unsupported by any mater ia l , c red ib le evidence , t ha t it was

Kalkines who asse r t ed t h a t the con t rac t had been approved by the NYS

l e g i s l a t i ve e th ics committee and t h a t Rosen innocent ly r e l i ed on what

Kalkines to ld him. Even assuming arguendo t ha t Kalkines was the

o r i g i n a l source of t h i s f ab r ica t ion , it begs c re d u l i t y to be l ieve

t h a t Rosen would no t have quest ioned Kalkines fo r de t a i l s i n t h i s

regard and thereby l ea rned the t r u th .

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Th e simple t r u th i s t h a t Seminerio never rendered any mater ia l

consul t ing serv ices to MediSys a t any t ime here r e levan t , and Rosen

well knew t h i s . Rather , Seminerio, i n re tu rn fo r the "consul tancy"

payments, and of ten a t Rosen 's d i rec t ion , used h is Assembly pos i t ion

to help the MediSys h o s p i t a l s obta in o r a t t empt to ob ta in impor tan t

s t a t e funding.

At t r i a l , Rosen, through h is counsel , a t tempted to di spu te t h i s

by poin t ing to some minor mat te rs not d i rec t l y involving the Sta te as

to which Seminerio rendered as s i s tance to MediSys. For example, as

t o l o ca l is sues , Seminerio helped Jamaica to resolve a zoning di spu te

a r i s i n g from the Hosp i t a l ' s opening of th e Brady House - - a long- term

l i v ing res idence fo r p a t i e n t s with t raumat ic bra in i n ju r i e s loca ted

behind the Hosp i ta l - - by speaking to members o f a l oca l community

planning board on Jamaica ' s beha l f . Id . a t 943-44. As ano ther

example, in and around 2000, Seminer io , a t Rosen 's reques t , s eve ra l

t imes con tac ted the New York City Fire Department (the "NYFD ff) to

reques t an expansion of the number of ambulance d i s t r i c t s t h a t

Jamaica could se rve . Id . a t 948-50.

Even with r espec t to such loca l mat te rs , however, Seminerio held

himse l f ou t to t h i rd pa r t i e s as ac t ing i n h i s o f f i c i a l capac i ty as a

Sta te Assemblyman, never d isc los ing h i s f inanc ia l connec t ion to

MediSys. See id . a t 951-52. In a l e t t e r to the NYFD, fo r i n s t ance ,

Seminerio s t a t e d t ha t h is des i r e to a s s i s t Jamaica was dr iven by h is

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concern fo r the "hea l th and wel fare o f my cons t i tuen t s . " Gov.

Ex. 1248. Seminerio wrote t h i s l e t t e r , l i ke a l l th e l e t t e r s he sen t

a t Rosen 's behes t , on h is o ff i a l l eg i s l a t i ve l e t t e rhead s t a t ionary ,

s ign ing in the space d i r e c t ly above h is title a t th e t ime,

Ass is tan t Majori ty Leader of the New York Sta te Assembly. See id .

Indeed, t he re i s no i nd ica t ion t ha t Seminerio ever i de n t i f i e d himse l f

to any t h i rd p a r ty with whom he i n t e rac ted on MediSys' beha l f as

anything o ther than a Sta te l eg i s l a t o r . See Tr. a t 945.7

In fac t , the only t imes in which Seminerio appears to have ever

used MARC l e t t e rhead in r e l a t i on to mat te rs on which he was a s s i s t i ng

MediSys were in h is invo ices to Rosen demanding payment. See Gov Ex.

1116. It i s also noteworthy t ha t , i n con t ras t with the invo ices t h a t

Rosen rece ived from h is lawyers and lobby is t s , Seminer io ' s

"consul t ing" invo ices were not i temized in any way. Compare Gov. Ex.

224 with Gov. Ex. 1112.

Rosen, the Court in fe r s , never bel ieved t ha t any of these

e f fo r t s by Seminerio were e i t he r a form of "consu l t ing" o r remotely

7 The same was t rue of those fe w occas ions when Seminerio

ass i s ted Rosen on "federa l" ma t t e r s . Thus, in 2005, Seminer io , in

h is capac i ty as a Sta te Assemblyman, placed a phone c a l l to an

o f f i c i a l a t th e fede ra l Department of Housing and Urban Development

in suppor t of Jamaica ' s ap p l i ca t i o n fo r fede f inanc ing to bu i ld a

new nurs ing home. Id . a t 943. According to Flanz, t h i s in te rven t ion

was ins t rumenta l in "caus[ ing] the app l ica t ion to move forward. u Id .

As ano ther example, in o r around 2005, Seminer io in t roduced Rosen to

a former New York City o f f i c i a l who a s s i s t e d Jamaica in apply ing fo r

a fede ra l g ran t r e l a t e d to emergency preparedness and b io te r ro r i sm.

rd . a t 943-44.

13




j u s t i f i ed the t o t a l of more than $400,000 t ha t Seminer io u l t imate ly

rece ived from h is consul t ing agreements with MediSys. What mattered

to Rosen was Seminer io ' s a b i l i t y to a s s i s t MediSys on mat te rs in

Albany t h a t were c ru c i a l to Jamaica ' s f inanc ia l su rv iva l , mat te rs in

which Rosen himsel f was very deeply involved. Tr. a t 1604; see Gov.

Ex. 1320R; see a l so Gov Exs. 221 & 224 (showing t h a t Rosen pe rsona l ly

approved MediSys' lobbying expenses) . Rosen 's two pr imary concerns

v i s - a -v i s Albany were th e New York Sta te budget and the S t a t e ' s

a b i l i t y to f a c i l i t a t e (or impede) MediSys' cont inued growth. See

Def. Ex. 2501 (minutes of MediSys and Jamaica Board meet ings showing

the dozens of t imes these i s sues were ra i sed by Rosen a t those

mee t ings) . As to the Sta te budget , Rosen c o r re c t l y unders tood t h a t

MediSys was fundamental ly dependent on the v ic i s s i t ude s of th e New

York Sta te budget ing process , given t h a t the Sta te i s one o f MediSys'

pr inc ipa l sources o f funding. See Tr. a t 237, 1604. Accordingly, a t

var ious poin t s i n the 2000s, when the Sta te l e g i s l a tu r e considered

cuts to Medicaid t h a t would have severe ly impacted MediSys' bottom-

l ine , Rosen ac t ive ly coord ina ted MediSys' e f f o r t s in Albany to lobby

aga ins t those cu t s . See id . a t 237. Sta te funding was espec ia l ly

c r i t i c a l to MediSys' su rv iva l , given t h a t MediSys cont inued to face

"tremendous [ f inanc ia l ] pressures" and be " in d i re need of funds"

throughout the 2000s. See Tr. a t 1618.

14




separa te ly , Rosen unders tood t h a t MediSys' cont inued growth was

also su b s t a n t i a l l y dependent on i t s a b i l i t y to secure th e as s i s tance

of New York s t a t e . See id . a t 914 917, 1604. This unders tand ing

developed over Rosen ' s decades of experience seeking and obta in ing

o f f i c i a l Sta te as s i s tance fo r MediSys' growth. As noted above, in

the 1980s, the Sta te gave MediSys $105 mil l ion in secured f inanc ing

to comple te ly r ebu i ld and r ev i t a l i ze Jamaica Hospi t a l . Tr. a t 1555.

Moreover, th roughout th e 1980s and 1990s, the Sta te Department of

Heal th provided MediSys with Ce r t i f i c a t e s o f Need t ha t al lowed it to

expand in a v a r i e t y of ways. Id . a t 1062. And c r i t i c a l l y , in th e

l a t e 1990s and ear ly 2000s, New York Sta te helped MediSys grow by

enabl ing and encouraging it to add tw o f i n a n c i a l l y d i s t r e s se d

hosp i t a l s , Brookdale Hospi ta l and Flushing Hospi ta l , to i t s network.

Id . a t 1062 63, 1172. Rosen f i rmly be l ieved t h a t MediSys' cont inued

expans ion, and a t t endan t a b i l i t y t o "con t ro l [ ] a piece of th e

market ," was c ru c i a l to i t s a b i l i t y to survive in a compet i t ive

environment . Gov. Ex. 1320R.

On both o f these i s sues of c e n t r a l concern to Rosen - - the Sta te

budget and MediSys' expans ion -- Seminer io provided su b s t a n t i a l

as s i s tance to MediSys in the form of o f f i c i a l a c t s . As to Rosen ' s

des i re to expand MediSys, Seminer io, a t Rosen 's express reques t , co-

sponsored l eg i s l a t i on in 2006 t ha t would have al lowed Jamaica to

r e s t ru c t u re and i nc rea se i t s debt ob l iga t ions with the backing o f New

15




York Sta te , thus giv ing MediSys th e f inanc ia l means to acqu i re the

Cari tas Hospi ta l s . Tr. a t 916; see Gov. Ex. 1320R. Subsequent ly ,

a f t e r t h i s b i l l f i zz led in the Sta te l e g i s l a tu r e , see Tr. a t 916,

Seminerio, a t the behes t of Rosen, ca l l ed Dennis Whalen - an

o f f i c i a l in the New York Department of Heal th whom Rosen unders tood

to be high ly i n f l u e n t i a l in terms of determining the fa te of the

Car i tas Hospi ta l s - and advocated on beha l f of Sta te suppor t fo r

MediSys' acqu i s i t ion of those hosp i t a l s . Gov. Ex. 1306Rj Tr. a t 309-

311. During t h i s c a l l , Seminer io represented t ha t he was speaking in

h is capac i ty as an e l ec t ed o f f i c i a l whose sole i n t e r e s t in the mat te r

was advancing the welfare of h is cons t i tuen t s . See Gov. Ex. 1306Ri

Tr. a t 311. The day before , however, Rosen had complained to

Seminerio t h a t Whalen "has not been such a grea t f r i end to us

[o]ver the years ," which prompted Seminerio to s t a t e t h a t he would

"break [Whalen's] bal l s . / I Gov. Ex. 1305R. Accordingly , immediately

a f t e r he ca l l ed Whalen on Ju ly 10, 2008 to advocate fo r MediSys'

acqu i s i t ion of the Car i tas Hospi ta l s , Seminer io ca l l ed Rosen to

inform him of h is advocacy and boas t about h is inf luence with Whalen.

See Gov. Ex. 1307R. During t h i s conversa t ion , Rosen conf i rmed t h a t

" I need your help with" the Car i tas acqu i s i t ion , and expressed to

Seminerio t h a t he, along with Kruger , were "my two guys who know what

to say" in Albany. Id . Rosen then s ta ted t h a t "I'll prep you" on

16




how and when to a c t in MediSys' i n t e re s t s with r espec t t o S ta t e

mat te rs . Id .

With respect to the Sta te budget , Seminer io a s s i s t e d MediSys'

i n t e re s t s in a var ie ty of ways dur ing the l i f e of the sham

consul tancy. For ins tance , on August 12, 2008, Seminer io ca l l ed

Rosen to r epor t t h a t he had " jus t got o ff the phone, ye l l ing and

screaming to [Speaker of the New York Sta te Assembly Sheldon Si lver]

about [proposed budget] cuts" t ha t would have af fec ted MediSys, and

t ha t Si l v e r had promised him t ha t the cu ts would not occur . Gov. Ex .

1309R. Rosen responded, f i r s t , with r e l i e f and gra t i tude to

Seminerio and, second, by express ing t ha t Si l v e r had been "piss ing me

o ff most of the t ime." Id . Seminerio responded t ha t i f "you go

through me, you won' t be pissed of f . " Id . As another example of the

budget ass i s t ance Seminerio gave to MediSys, Seminer io, in ear ly

2006, arrangeda

meeting fo r Rosen with John Cahi l l - - Chief of St a f f

to Governor George Pataki with regard to MediSys' e f f o r t to

persuade New York Sta te to forgive a $2 7 mil l ion loan . Tr. a t 242;

Gov. Exs. 1222, 1225B.

Rosen 's procurement of Seminer io ' s ass i s t ance to MediSys in

Seminer io ' s capac i ty as a Sta te Assemblyman extended t o o the r

o f f i c i a l Sta te mat te rs as wel l . The even t s of a s ing le day, Apr i l 7,

2006, are i l l u s t r a t i v e . Fi r s t , on t ha t date , Rosen wrote a l e t t e r to

Seminerio asking fo r h is as s i s tance in advancing MediSys' app l i ca t ion

17




to be named an approved provider of managed long term care by New

York Sta te . See Gov Ex. 1245A. Rosen noted in h is l e t t e r t h a t

" [e ]s t ab l i sh ing a managed long- term care program w i l l r equ i re the

as s i s tance of the l e g i s l a tu r e through ac t i o n by the sena te o r th e

Assembly in naming [MediSys] as one of the approved prov ide r

o rgan iza t ions . H Id . In response , Seminerio repor ted to Rosen t h a t

he brought the mat te r to Speaker S i l v e r ' s a t t e n t ion , who promised to

"look it over . " Gov. Ex. 1224. Also on Apr i l 7, 2006, Rosen sen t a

separa te l e t t e r to Seminerio regard ing a long- running di spu te between

Jamaica and Oxford Health plans ("Oxford") over Oxford 's hea l th

insurance r a t e s , a di spu te t ha t had resu l t ed in a pro t rac ted l awsui t

between the two e n t i t i e s . See Gov. Ex. 2501 i see a l so Def. Ex. 2501

(showing t ha t Rosen repor ted on the di spu te to the Jamaica and

MediSys boards on over tw o dozen occasions between 2005 and 2008)

In t h i ssecond l e t t e r , Rosen expressed

h is b e l i e ftha t Oxford had

engaged in cr imina l wrongdoing in r e l a t i on to the d ispu te , and

reques ted t h a t Seminerio in te rvene on MediSys' beha l f with th e Queens

D i s t r i c t Attorney. Gov. Ex. 1246A. The same day t h a t Rosen made

these tw o reques ts fo r o f f i c i a l as s i s t an ce to Seminerio , Apri l 7 ,

2006, Rosen rece ived a message from h is sec re ta ry informing him t h a t

Seminerio had ca l l ed "looking fo r h i s check fo r [MARC]." Gov. Ex.

1120. Rosen, fa r too soph is t i ca ted a man not to see the connect ion,

18




responded to h i s s ec re ta ry t ha t " I haven ' t seen [ the check] bu t we

b e t t e r f ind i t . u Id .

From May 2000 to February 2008, Jamaica and NHP made payments

t o t a l i ng $410,000 to MARC, of which the g re a t e r b e n e f i t , the $330,000

in payments from Jamaica, were pe rsona l ly processed through Rosen.

Gov. Exs. 1115 & 1116. Indeed, over th e course of t h i s per iod , it

wa s customary fo r Seminerio to c a l l Rosen d i rec t l y seeking payment.

See, e . g . , Gov. Ex. 1118A. In one such i n s t ance , recorded by the

Government on Apri l 23, 2008, Seminer io went d i rec t l y from reques t ing

h is check to boas t ing about h is inf luence with r espec t to the New

York Sta te budget and, in pa r t i c u l a r , with Senator Joseph Bruno, the

former Republ ican l e ade r of the New York Sta te Sena te . Gov Ex.

1302R. As to h is rappor t with Bruno, Seminerio s t a t e d t ha t it was

" t h a t kind of re l a t ionsh ip you c a n ' t buy fo r a mil l ion do l l a rs ,u to

which Rosen responded " t h a t ' s abso lu te ly r i gh t . you ' re the only

guy who knows how to move and shake./I Id . Soon a f t e r t h a t exchange,

Rosen closed th e conversa t ion by s t a t i ng " l e t me go shake out your

check./I Id . 8

Separa te ly , from 1999 to 2008, Rosen d i rec ted MediSys to e n t e r

in to luc ra t ive con t rac t s with a v a r i e t y o f t h i rd -pa r ty vendors with

8 The tone of the numerous conversa t ions between Seminer io and

Rosen t h a t the Government recorded i s i t s e l f revea l ing and proba t ive .

In both h is a s se r t i o n o f l eg i s l a t i ve inf luence and h is demand fo r

consul t ing payments , Seminer io ' s tone i s brazen. Rosen, while more

guarded, makes c l e a r , not only in words b ut in in tona t ion , t ha t he

fu l ly unders tands th e connect ion and t h a t he w i l l see to it t h a t

Seminer io ge t s h is money. §ee , e . g . , Gov Ex. 1302R.

19




which Seminerio had a f inanc ia l i n t e r e s t . For ins tance , for a number

of years in the l a t e 1990s and ear ly 2000s, Jamaica and Brookdale

both cont rac ted with Evenflow, an ambule t te company, to br ing

p a t i e n t s with c e r t a in phys ica l d i s a b i l i t i e s to the h o sp i t a l s . Tr. a t

1046. Jamaica encountered s ign i f i c a n t problems with the qua l i ty of

Evenflow's se rv ices , l ead ing Dr. Angelo Canedo - Vice Pres iden t fo r

Rehab i l i t a t ion Serv ices a t a number of MediSys hosp i t a l s - to

i n s t ruc t h is s t a f f to use a l t e rna t ive vendors . Id . a t 185-187. At

some p o i n t around t h i s t ime, Rosen 's l i eu tenan t , Bruce Flanz,

MediSys' Chief Operat ing Off ice r , who was wel l aware of the

complain ts surrounding the qua l i ty of Evenflow's se rv ices , id . a t

1249, 1065, spoke with Fred Beekman (Vice Pres iden t of Ambulatory

Care a t Medisys) on the mat te r of Evenflow, t e l l i ng Beekman t h a t "he

d i dn ' t have to remind [Beekman] how important [Seminerio] was to t h i s

i n s t i t u t i on . " Id . a t 1062. Soon a f t e r h is conversa t ion with Flanz,

Beekman also rece ived a c a l l from Seminerio in which Seminer io

s t a t ed , in exp le t ive - laden terms, t ha t MediSys' f a i l u r e to d i r e c t

business to Evenflow was " k i l l i ng him" and t ha t he was " los ing money"

because of it. Id . a t 1048. Beekman understood F lan z ' s c a l l as an

impl i c i t i n s t ru c t i o n to d i r e c t more of MediSys' ambulatory business

to Evenflow, an i n s t ruc t ion which he f a i t h fu l l y c a r r i e d out . Id . a t

1063. Seminerio also complained to Rosen and Flanz about th e

Evenflow "account problem" and, in the same brea th , promised them

20




t h a t i f MediSys "needed money" he "would go to ba t fo r [MediSys] to

ge t some funding." Gov. Ex. 1005. Rosen l a t e r c a l l e d Canedo with

regard to the Evenflow con t rac t , i n s t ru c t i n g him to " f ix it and make

it happen." Tr. a t 187; see a l so id . (not ing t ha t it was very r a re

fo r Canedo to rece ive such i n s t ruc t ions from Rosen} . Canedo

i n t e rp re ted t h i s as a d i r e c t i o n to r e ins t a t e Evenflow as a prefe r red

vendor with re spec t to ambulet te se rv ices .

Also proba t ive of Rosen 's i n t e n t with r espec t to MediSys'

var ious f inanc ia l connect ions to seminer io was h is f a i l u r e to revea l

those connect ions in c e r t a in Sta te and Ci ty f i l i ngs . In orde r to do

business with the C i ty o f New York ( the "Ci ty") o r New York Sta te ,

prospec t ive vendors must complete a vendor r e s pons ib i l i t y

c e r t i f i c a t i o n - known as a "Vendex" form in the case o f the City ,

and a "VQR" form in the case o f the Sta te - before the vendor ' s

con t rac t can be f i na l ly approved. Tr. a t 582.On a

number of

occasions throughout the course of the 2000s, MediSys ente red in to

9 However, given h is be l i e f tha t Evenflow's shortcomings - most

notably , i t s f requent i nab i l i t y to t r an s p o r t pa t i e n t s in a t imely

manner - - "put p a t i e n t s a t r i sk" of r e sp i r a t o ry and o th e r

compl icat ions, Canedo only fo l lowed Rosen 's d i r e c t ive "halfway." Tr.

a t 187-88. Spec i f i ca l ly , Canedo responded to Rosen 's c a l l by

i n s t ru c t i n g h is s t a f f to use Evenflow as a vendor with r espec t to

p a t i e n t s t h a t were su f f i c i en t l y high func t ion ing t ha t t h e i r carecould no t be impaired by using, what he viewed as , a substandard

ambulet te se rv ice . Id . a t 188. Canedo's i n s t ruc t ion pred ic tab ly led

h is s t a f f to "essen t i a l ly" discont inue us ing Evenflow. Id . a t 222.

At some p o i n t the rea f te r , Canedo formally t e rmina ted MediSys'

con t rac t with Evenflow. Id . Rosen made no fu r t h e r in te rven t ions in

the mat te r , though he did reques t to be kept abreas t of any

developments with re spec t to the co n t r ac t . See Gov. Ex. 1012.

21




con t rac t s with the City o r the Sta te , and consequently was requi red

to complete and submit Vendex and VQR forms. Id . a t 593-616. Ann

Corrigan , Payro l l Director for Medisys, had primary r e s pons ib i l i t y

fo r completing these forms. Id . a t 582 84. Pr io r to 2006, Corr igan,

in consu l ta t ion with the r e levan t Medisys depar tments , would do t h i s

by f i l l i n g out the forms to the bes t of h er a b i l i t y and then

submit t ing them to MediSys' genera l counse l ' s of f i c e fo r process ing ,

a f t e r which Rosen would personal ly review and s ign the forms. Id . a t

582-583, 587. By 2006, however, ac t ing a t th e d i r e c t ion of Margo

Johnson, MediSys' General Counsel , Corr igan took a more ac t ive ro le

in ensur ing the accuracy of MediSys' c e r t i f i c a t i o n s to the City and

the State . Id . a t 584, 601, 616. Spec i f i ca l ly , when a Vendex o r VQR

form needed complet ion , Corr igan, a f t e r co l l ec t ing the necessary

background informat ion to the bes t of her a b i l i t i e s , would schedule a

persona l , one-on-one meeting with Rosen, and the tw o would "review

each ques t ion thoroughly" together to ensure the form was accura te in

a l l r espec t s . Id . a t 587. I f any uncer ta in ty arose as to the

co r r ec t answer to a given ques t ion , e i t he r Rosen o r Corr igan would do

fo l low-up research on the i s sue to resolve the uncer ta in ty before

Rosen could s ign and submit the completed form. See id . a t 602.

During th i s per iod of heightened sc ru t iny , from around 2006 to 2008,

the process of completing a s ing le Vendex o r VQR form would typ ica l ly

take around two months o r longer . Id . a t 603.

22




Each Vendex and VQR form inc ludes a ques t ion ask ing whether

" there are any i nd iv idua l s now se rving in a . consu l t ing capac i ty

to the submit t ing vendor . who now serve [or have r ecen t ly

served] . as . an e lec ted o r appointed o f f i c i a l . " See Gov.

Exs. 50, 51, 53, 55, 56. Corrigan s pe c i f i c a l l y discussed th i s

ques t ion with Rosen in the reviews of the vendex and VQR forms, and

in one i n s t ance , brought to Rosen 's a t t e n t ion tha t MediSys was

requi red to d isc lose t h a t a new employee, Ariola , had formerly held a

mid- leve l appoin ted pos i t ion in the Ci ty ' s Mayor 's Office . Tr. a t

601, 612. The Vendex forms fu r the r include a c e r t i f i c a t i o n page in

which the s igna to ry c e r t i f i e s t h a t he has "supp l ied f u l l and complete

responses to each i tem . to the b es t of my knowledge" and h is

understanding t h a t "(aJ mate r i a l l y fa l se s ta tement w i l l fu l l y o r

f raudulent ly made in connect ion with t h i s ques t ionna i re . . may

sub jec t the person making the fa l se s ta tement to c r imina l charges . "

See . , Gov. Exs. 56, 64. However, from 2004 to 2008, Rosen

signed numerous Vendex forms - - and, in one in s tance , caused the

submission of a VQR form t h a t was signed, but not reviewed, by Flanz

because Rosen was on vaca t ion , see Tr. a t 615-17 - in which he

fa i l ed to d isc lose MediSys' purpor ted "consu l t ing" re l a t ionsh ip with

Seminer io . See Gov. Exs. 50, 53, 55, 64. Given Rosen 's in t imate

knowledge o f the arrangements with Seminerio , the Court f inds t h a t

these omiss ions were i n t e n t i o n a l and bespeak an e f f o r t on Rosen 's

23




pa r t to concea l arrangements with Seminer io t ha t he knew could not

bear sc ru t iny because they were th in ly -d i sgu ised b r ibes .

Rela ted ly , in Seminer io ' s f inanc ia l d isc losures to New York

Sta te , Seminerio never di sc losed t h a t he o r any en t i t y he con t ro l led

was rece iv ing payments from MediSys. See e . . Gov. Ex. 416.

Rather , Seminerio merely repor ted the r e c e i p t of un iden t i f i ed sums of

income from h is job as a consu l t an t a t MARC. Id .

Once having ente red in to a cor rup t understanding with Seminer io ,

Rosen found it e a s i e r to en te r in to cor rup t re l a t ionsh ips with

Boyland, J r . and Kruger .

The Court f i r s t cons iders Rosen 's dea l ings with Boyland, J r . In

the l a t e 1990s, Boyland, J r . - whose f a ther , William Boyland, S r.

(a lso known by h is middle name, Frank) , was a long-serving

Assemblyman in the Sta te Legi s l a tu re began working fu l l - t ime as a

"market ing assoc ia t e " fo r Brookdale Hospi ta l in one i t s ambula tory

care c l i n i c s , Urban St ra teg ies . Tr. a t 651. Rosen had no ro le in

the h i r ing of Boyland, J r . by Urban St ra teg ies , and, indeed,

Brookdale had no t y e t been acqu i red by MediSys a t t h a t t ime. See id .

As a market ing as soc ia te , Boyland, J r . worked on community out reach

fo r Urban St ra teg ies , which en ta i l ed at tending community even t s (such

as hea l th fa i r s ) and v i s i t i ng community organ iza t ions (such as

churches and schools ) , in an e f f o r t to r e c r u i t pa t i e n t s fo r the

c l i n i c . Id . a t 652. By a l l accounts , Boyland, J r . was a l e ss than

24




s a t i s f a c to ry employee, and he f requent ly d id not show up fo r work.

See id . a t 656-58. Nonetheless , by 2003, he was earn ing $35,000 a

year . See id . a t 1590, 1768.

In February 2003, a f t e r MediSys' acqu i s i t ion of Brookdale ,

Boyland, J r . was e l ec t ed to the Sta te Assembly sea t t ha t had

previous ly been held by h is fa the r . Id . a t 661. Afte r h i s e l ec t ion ,

even though he cont inued to c o l l e c t a f u l l sa la ry from Urban

St ra teg ies , he pre t ty much s topped coming to work. Id . Ins tead of

f i r i ng Boyland, J r . , Rosen, who by t h i s t ime had a l ready en te red in to

i l l e g a l connect ions with Seminer io , reques ted in June 2003 the

as s i s tance of by-now-Assemblyman Boyland J r . in lobbying a Sta te

Department of Heal th o f f i c i a l with re spec t to MediSys' app l ica t ion

fo r the r e q u i s i t e S ta te approval fo r MediSys' planned es tab l i shment

of new diagnos t i c and t rea tment cen te r . Gov. Ex. 2300.

Boyland, J r . , fo r h is p a r t , had become inc reas ing ly r e s i s t a n t to

demands by supervisors a t Brookdale t h a t he a t l e a s t had to "punch

in" a t Urban St ra teg ies i f he wanted to cont inue to rece ive h is

sa la ry . In the summer of 2003, he arranged fo r h is fa the r to c a l l

Rosen and ask Rosen fo r some so r t of accommodation in t h i s regard .

See Gov. Ex. 2100A. Rosen responded by d i rec t ing Mounir Doss,

MediSys' Chief Financ ia l Off ice r , to "get [Boyland, J r . ] o ff the

p a y r o l l . . so he d o es n ' t have to punch in" and pay him "the same

money as a consu l tan t . " Gov. Ex. 2100B. Although th i s took some

25




t ime to arrange, by Apri l , 2004 1 MediSys was paying Boyland l J r . th e

same sa la ry as a "consu l t an t " t h a t he had previous ly been rece iv ing

as a fu l l - t ime employee, i . e . , $35,000 a year . Tr. a t 743-44. He

a l so rece ived f u l l payment fo r t he in t e r im pe r iod between November,

2004 and Apri l , 2004, even though he was essen t i a l l y a no-show

employee dur ing th i s per iod and no formal consu l t ing agreement was in

place . Tr. a t 743-44.

Over th e next few years , Boyland, J r . rece ived a t o t a l o f

$175,000 in consul t ing payments from MediSys, os tens ib ly to perform

community out reach and rec rui tment se rv ices fo r Urban S t ra t e g i e s .

See Gov. Ex. 2105. In t r u t h , however, Boyland, J r . did not perform

any mater ia l community out reach o r recrui tment se rv ices fo r Urban

St ra teg ies dur ing t h i s e n t i r e pe r iod . See Gov. Exs. 2200 2203 ( l i s t s

crea ted by Phoebe Lane, Brookdale ' s Direc to r of Community and

Government Affa i r s , ca ta logu ing Brookdale ' s community out reach

a c t i v i t i e s ) . Indeed, among the community and out reach s t a f f a t

MediSys, no t a s ing le person was even aware t h a t Boyland, J r . was

supposedly consul t ing on such mat te r s . See Tr. a t 637, 661-62, 696

97, 822-23; see Gov. Ex. 2103. Ins tead , th e r e levan t MediSys s t a f f

bel ieved t ha t , from a t l e a s t November 2003, Boyland, J r . was no

longer a f f i l i a t e d with MediSys in any way, e i t h e r as an employee o r

as a consu l t an t . __ ______ , Tr. a t 661-62.

26




Ins tead , Boyland, J r . earned the br ibe being approved by Rosen

by a s s i s t i ng MediSys through o f f i c i a l ac t s taken in h is capac i ty as

an Assemblyman. Most notab ly , dur ing the Sta te budget ing process ,

Boyland, J r . made repea ted reques ts fo r Sta te funding to d i rec t l y

benef i t MediSys and i t s hosp i t a l s . For i n s t ance , on February 6,

2004, Boyland, J r . sen t a l e t t e r to Speaker Si l v e r "reques t ing the

a l loca t ion of t h ree mil l ion do l la r s " to Brookdale Hospi ta l fo r the

purpose of \ \help[ingJ t h i s In s t i t u t i on provide q u a l i t y hea l th ca re . "

Gov. Ex. 2303. As ano ther example, the fol lowing year , on February

28, 2007, Boyland, J r . made a s i m i l a r funding reques t o f $3 mil l ion

fo r Jamaica. Gov. Ex. 2305. Some of these funding l e t t e r s arose

from spec i f i c reques ts by Rosen to Boyland J r . , and some were even

draf ted a t l eas t in pa r t by Rosen himsel f - with Boyland J r . ' s

Assembly Off ice on a t l eas t one occas ion c a l l i ng Rosen to ask him to

"send the necessary l e t t e r " reques t ing "$750,000 fo r pa t i e n t b i l l ing"

a t Jamaica, "$1.5 m. fo r equipment and [Emergency Department]

renovat ion" a t Brookdale , as well as an un iden t i f i ed amount fo r

Flushing. Gov. Ex. 2315. None of those f ac i l i t i e s were in Boyland,

Jr.'s Assembly Di s t r i c t , with Jamaica and Flushing being miles away.

See Gov. Ex. 25. To fu r the r the objec t of d i rec t ing Sta te funds to

MediSys, Boyland, J r . a l so coord ina ted meet ings between himsel f ,

Rosen, and o ther Sta te l eg i s l a t o r s , inc lud ing Seminer io, to discuss

th e Sta te budget . See Gov. Ex. 2317, 2321, 2321A.

27




Separa te ly , during t h i s per iod , Rosen sought and rece ived

Boyland, Jr.'s as s i s tance with re spec t to MediSys' e f f o r t to acqui re

th e Car i tas Hospi ta l s . See Gov. Ex. 2306. For i n s t ance , in May

2005, Boyland, J r . - - in h is capac i ty as an Assemblyman but a t

Rosen 's "urgent" reques t - met with r ep resen ta t ives of Local 1199,

the hea l thca re workers union, in an e f f o r t to gauge i t s suppor t fo r

the MediSys acqu i s i t ion . Id . Afte r the meet ing, Boyland, J r .

repor ted back to Flanz and Rosen th e r e s u l t s of h is meet ing with the

union. Tr. a t 928-29.

As in the case of Seminerio, Rosen in both a Vendex form

submi t ted to the City in 2004, and in a VQR submi t ted to th e Sta te in

2006 - fa i led to d i sc lose t ha t Boyland, J r . was being paid by

MediSys. See Gov. Exs. 53, 64. Boyland, J r . , however, d isc losed to

New York Sta te in h is own f inanc ia l d i s c losure forms t h a t he was a

pa id consu l t an t to Brookdale, \ \advis[ing] on community out reach," s e ~

Gov. Exs. 421 24, - a l though he l i s t ed h is income from MediSys as

between $5,000 and $20,000, r a t h e r than the $35,000 he in fac t

rece ived , see Gov. Ex. 425A. In 2007, Rosen, whether because he had

become aware of Boyland, Jr.'s d isc losures o r otherwise , f i na l l y d id

d isc lose in a Vendex form t h a t MediSys was paying Boyland, J r . as a

consu l tan t . See Gov. Ex. 56. However, even i n t ha t d isc losure ,

Rosen, to hide h is prev ious f a i l u r e to d i sc lose , misrepresen ted to

the Ci ty (and to Ms. Corr igan) t h a t th e consul tancy began in January,

28




2006, r a the r than November, 2003, o r a t l a t e s t , Apr i l 2004. See i d . ;

see a l so Tr. a t 601 02. A few weeks before the f i l i n g of th e 2007

Vendex, an unident i f i ed person di rec t ed Crinnion to f a l s i f y MediSys'

personne l records to make it look l ike Boyland, J r . had not

t r ans i t i oned from being a Urban St r a t e g i e s employee to a MediSys

consu l t an t u n t i l 2006 - - thus subs t an t i a t ing Rosen 's fa l se

c e r t i f i c a t i o n to the Ci ty . Tr. a t 544 45.

Meanwhile, Rosen, having f i r s t succumbed to Seminer io ' s unlawful

proposa ls and then having helped orches t ra t e th e cor rup t re l a t ionsh ip

with Boyland, J r . , found it easy to ente r i n to an even more b la t an t l y

i l l e g a l re l a t ionsh ip with Sta te Senator Carl Kruger. Kruger, along

with th ree par tne r s - h is two sons and an ind iv idua l named Saul

Kal ish - - ran a hea l th care consul t ing firm ca l led Adex Management

("Adex"), s p l i t t i n g Adex 's p r o f i t s equa l ly among themselves . Tr. a t

1073. In o r around September, 2007, Adex entered i n to a con t rac t

with a hospice care p rov ider ca l l ed Compassionate Care to a s s i s t it

in secur ing a hospice se rv ices con t r ac t with Brookdale , fo r which

Adex received a one-t ime payment of $10,000 . Id . a t 1074.

Subsequent ly , in e i t h e r November o r December, 2007, Adex and

Compassionate Care en te red in to a r e t a ine r agreement by which Adex

received $5,000 a month to secure hospice cont rac t s fo r Compassionate

Care as oppor tun i t i e s to do so arose . Id .

29




In September, 2007, Kalish arranged a se r ie s of meetings between

Rosen and Kruger a t Brookdale " to d iscuss malprac t ice ." Gov. Ex.

3008 09. At around th e same t ime, Genevieve Sorenson - th e ch ie f

on s i t e admin is t r a to r of the Schulman Schachne I n s t i t u t e ("SSI") ,

Brookdale ' s nursing home - - rece ived severa l phone c a l l s from Peggy

Schwartz , Direc to r of Marketing a t Compassionate Care, during which

Schwartz proposed t ha t SSI and Compassionate Care en te r in to a

business re l a t ionsh ip . Tr. a t 1004. Since 2001, SSI had cont rac ted

with a company ca l l ed Hospice Care of New York ("HCNY") fo r hospice

care se rv ices . Id . a t 1007. Though Sorenson was happy with HCNY,

she agreed to meet with Schwartz , and, on October I I , 2007, Schwartz

gave Sorenson and o th e r SSI s t a f f a formal presen ta t ion on

Compassionate Care. Id . Sorenson was su f f i c i en t l y impressed by

Schwar tz ' s presen ta t ion t h a t , on t h a t same day, she i n i t i a t e d a

con t rac t review process - - the f i r s t s tep toward making Compassionate

Care an SSI vendor - which en ta i l ed f i l l i n g o ut the r e levan t

paperwork and sending it to MediSys' genera l counse l ' s o f f i c e fo r

review. Id . a t 1011-12; see Gov. Ex. 3104. In February 2008,

however, Flanz t o ld Sorenson t ha t MediSys would have only one hospice

prov ider , and t ha t t ha t prov ide r would cont inue to be HCNY. Tr. a t

1015.

Agains t th i s background, Kruger , by l e t t e r dated November 7,

2007, wrote to Rosen express ing h is des i r e to help secure Sta te

30




funding fo r Brookdale and Jamaica and reques t ing "a meeting with you

a t your e a r l i e r convenience so t ha t we may begin the process of

br ing ing t h i s new p ro j e c t to f ru i t i on . " Gov. Ex. 3200. In t h i s

l e t t e r , Kruger a l so expressed h is "hope" t h a t " th i s a l l o c a t i o n i s

'Phase I ' in our ongoing commitment to Brookdale" and Jamaica. 1d.

Very shor t ly t he r e a f t e r , Kruger reques ted t h a t Rosen approve the SS1-

Compassionate Care co n t r ac t . See Gov. Ex . 3201.

While t h i s sequence was more than su f f i c i en t to send a message

to Rosen about the connect ion between Kruger ' s o f f e r of o f f i c i a l

as s i s tance and Rosen 's approval of th e Compassionate Care con t rac t ,

Kruger , leaving noth ing to chance, brought th e connec t ion to the

a t t e n t i o n of Rosen 's t r u s t e d subord ina tes as wel l . For i n s t ance , on

November 15, 2007, Phoebe Layne sen t an e-mai l to Rosen r epor t ing th e

de t a i l s of h er recen t phone conversa t ion with Kruger , which s ta ted

t ha t :

I spoke with Sen. Kruger re : $ fo r [Brookdale and Jamaica] as

s t a t e d i n h is l e t t e r to you of Nov 7th . . He would l i ke me

to se t a meeting with you t o d i scuss a l l t h i s among o ther

th ings . As you may be aware, Car l has been t ry ing to g e t us to

en te r in to an agreement with Compassionate Care Hospice as a

r e f e r r a l agency fo r hospice home care . there i s a con t rac t

pending with l eg a l and he i s pushing fo r it to be signed and

completed

Gov. Ex. 3201.

Severa l months l a t e r , on March 20, 2008, Kruger made a v i s i t to

Brookdale , os tens ib ly to d i s t r i bu t e toys to ch i ld ren a t th e Hospi ta l .

[Gov. Ex. 3301A]. At some p o i n t around th i s t ime, Rosen agreed t h a t

31




he would seek to in f luence Medi8ys' i n t e r na l cont rac t ing process so

as to ensure t ha t 881 awarded i t s hospice care cont rac t to

Compassionate Care. Accordingly, in the week fol lowing Kruger ' s

v i s i t to Brookdale, Rosen began a concer ted e f fo r t to g e t the 881

Compassionate Care contrac ted approved. On March 27, 2008, he sen t

an e-mai l t o M a r g o J o h n s o n . M e d i S y s . G e n e r a l C o u n s e l . t o i n q u i r e

about the "Contract fo r Compassionate Care" because "Sen. Car l Kruger

i s fo l lowing and I promised to get it done." Gov. Ex. 3301 . The

next week, on Apri l 4, 2008, Johnson e-mai led Rosen informing him

t ha t Flanz had s t a t ed t ha t "we are no[ t ] going forward" with the

Compassionate Care cont rac t , to which Rosen responded "We a re going

forward I don ' t answer to Bruce. Get it to me fo r s igna ture .

Today." Gov. Ex. 3302 . Less than an hour l a t e r , Rosen faxed Flanz

the proposed cont rac t between SS1 and Compassionate Care, along with

a note s t a t ing t ha t " I have to do t h i s - checkit

so I can s ign +

pr ice . " Gov. Ex. 3303.

Meanwhile, responding to Kruger ' s November 7 , 2008 of f e r , Rosen

developed two proposals fo r Sta t e funding to MediSys t ha t Kruger

would be wel l -pos ioned to help del iver . The proposals out l ined

reques t s fo r $350,000 in funding fo r a new d i g i t a l mammography un i t

a t Brookdale and $120,000 in funding fo r an expansion of Jamaica ' s

card iac da ta r epos i to ry . Gov. Ex. 3202. On May 23, 2008, Rosen sen t

these proposals to Jason Koppel, Kruger ' s l e g i s l a t i v e ch ie f of s t a f f ,

32




who then passed them onto Kruger. See id . In ear ly Ju ly , 2008,

Rosen l ea rned t h a t Kruger had "c(o]me through fo r the 2 equipment

gran t s we requested,H secur ing , from the Dormitory Author i ty of the

Sta te of New York, $100,000 fo r Jamaica and $325,000 fo r Brookdale.

Gov. Exs. 3208 i 3208A1. Brookdale i s located in Kruger ' s borough,

whereas Jamaica i s not . See Gov. Ex. 25.

Similar ly , a t o r around the same t ime t ha t Rosen f i r s t s t a r t ed

to push fo r MediSys to s ign the Compassionate Care con t rac t , and by

Apri l 15, 2008 a t the l a t e s t , Kruger agreed to a s s i s t MediSys'

e f fo r t s to acqu i re the Cari tas Hospi ta ls . See Gov. Ex. 3215. To ge t

Kruger up to speed on the mat te r , Rosen sen t him a "packet conta in ing

the reorganizat ion plan" fo r the proposed acqu i s i t ion . Id . By July ,

2008, Kruger was ac t ive ly engaged in promoting MediSys' i n t e re s t s

regarding Car i tas . See Gov. Ex. 3207. This ac t iv i ty culminated on

August 6, 2008, when Kruger met with Governor David Pat terson to push

fo r h is support on the dea l . See Gov. Ex. 3225. Rosen t i gh t l y

coordinated the s t ra t egy fo r th i s meeting, supplying Kruger with

extens ive I t s of t a lk ing po in t s , which he urged Kruger " to d iges t

and make h is own!," and which emphasized the purpor ted publ ic

benef i t s at tendant to MediSys' expansion. Gov. Ex. 3209.

Despi te Rosen 's i n s i s t ence t h a t the SSI Compassionate Care

con t rac t be approved, no ac t ion was taken on the con t rac t by e i t h e r

Flanz o r Johnson for severa l months. See Tr. a t 970. As a r e su l t ,

33




it was Sorenson 's impression t h a t the con t rac t with Compassionate

Care, which she had i n i t i a t e d , "was over ." Id . a t 1017.

Nevertheless , in the months fo l lowing Rosen 's Apr i l 4, 2008 fax to

Flanz, dur ing which Kruger was secur ing Sta te funding fo r MediSys and

advocat ing fo r MediSys' expansion through o f f i c i a l a c t s , Kruger and

h is s t a f f continued to press Rosen about the con t rac t . Indeed, a t

l e a s t every few weeks from Apri l to September , 2008, Kruger o r

someone on h is beha l f con tac ted Rosen to fo l low-up on whether he "had

signed the contract .R See Gov. Ex. 3215; see a l so e . . Gov. Exs.

3203A, 3304, 3306, 3307, 3308A, 3209A, 3308B. Moreover, in t h e i r

communications with Rosen, Kruger and h is su r roga te s openly t i ed

t h e i r i nqu i r i e s in to th e s t a tus of the Compassionate Care co n t r ac t

with updates on the o f f i c i a l ass i s t ance Kruger was prov id ing to

MediSys. See Gov. Ex. 3203A.

I f Rosen were otherwise in doubt , th e cons tant messages by

Kruger should have given him to fu l ly unders tand t h a t Kruger had a

f inanc ia l i n t e r e s t Compassionate Care (as he d id ) . But th e Cour t

need not reach t ha t ques t ion for p re sen t purposes, because, even

without such knowledge, Rosen fu l ly agreed to what he c lea r ly knew

was a s o l i c i t a t i o n of a br ibe , i . e . , an o f f e r of Kruger ' s o f f i c i a l

as s i s tance in exchange fo r Rosen 's promise t ha t he would "ge t [ the

Compassionate Care cont rac t ] done. R See Gov. Ex. 3301.

34




With th i s unders tanding in mind, Rosen, between Apr i l and

September , 2008, approached Flanz severa l t imes about th e con t rac t ,

i n s i s t i ng t h a t "he was ge t t ing a lo t o f pressure from Senator Car l

Kruger H and so "needed to g e t the co n t r ac t comple ted . H Tr. a t 96 9

70. However, desp i te Rosen 's cont inuing p e r s i s t en ce , Flanz

repea tedly re fused to s ign-o f f on the co n t r ac t . See id . Rosen, fo r

h i s p a r t , remained e i t h e r unwil l ing o r unable to secure the co n t r ac t

fo r Compassionate Care without the concurrence of Flanz and Johnson.

See id . On September 5, 2008, however, a f t e r months o f wrangl ing ,

Rosen decided t o b r ing the mat te r to a head. As Flanz was l eav ing

work fo r th e weekend, Rosen once aga in expressed t h a t he "needed t ha t

Compassionate Care cont rac t" and the re fo re d i rec ted Flanz " to br ing

it in so [he] could s ign it and give it to Kruger" th e fol lowing

week. Id . a t 976. However, the fol lowing week, Seminer io was

a r r e s t e d in connect ion with th e a l l ega t ions made in th e Indic tment ,

and Rosen decided to sever h i s re l a t ionsh ip with Kruger and

discont inue h is e f f o r t s to execute the SSI-Compassionate Care

con t rac t , see i d . , an a c t i t s e l f r e f l e c t i ng h is consciousness of

g u i l t .

On the bas i s of the foregoing fac t s , c e r t a in conclusions of law

d i rec t l y fo l low. Each of the remaining charges aga ins t Rosen

"c r imina l i ze s . . a quid pro quo agreement to wit , a government

o f f i c i a l ' s r e c e i p t of a benef i t i n exchange fo r an a c t he has

35




performed, o r promised to perform, in the exerc i se of h is o f f i c i a l

au thor i ty . " United Sta tes v . Ganim, 510 F.3d 134, 141 (2d Cir . 2007)

(Sotomayor, J.). In proving the exis tence of a quid pro quo

agreement , th e Government need not prove t ha t any "spec i f i c ac t to be

performed [by the government of f i c i a l ] was i de n t i f i e d a t th e t ime of

the [br ibe]" nor must it " l ink each spec i f i c benef to a

[corresponding] o f f i c i a l a c t . " Ganim, 510 F.3d a t 146. I t i s enough

t h a t th e Government proves t ha t "a p a r t i c u l a r payment [o r promise to

provide something of value] i s made in exchange fo r a commitment to

perform o f f i c i a l ac t s to benef i t the payor in th e fu tu re . " Id . a t

147 (emphasis in o r ig in a l ) . "To r equ i re otherwise could subver t the

ends of j u s t i c e i n [ s i tua t ions ]" - - such as i s a l leged th e

Indictment -- "involving ongoing schemes," which "do not always s pe l l

ou t in advance the spec i f i c match between g i f t and a c t . " Id . a t 148;

see a l so id . (the in tended exchange can be " ' t h i s fo r these ' o r

' t hese fo r t he s e , ' not j u s t ' t h i s fo r t ha t . ' " ) . Accordingly , th e

s t a tu t e s under ly ing the remaining charges aga ins t Rosen encompass

"scheme[s] involving payments [or promises to pay] a t r egu la r

i n t e rv a l s in exchange fo r spec i f i c o f f i c i a l ac t s as th e oppor tun i t i e s

to commit those ac t s a r i s e , " even i f "the oppor tuni ty to undertake

the reques ted a c t has no t [yet] ar i sen . " Id . ( " fu l f i l lmen t of th e

quid pro quo i s not an element of the o f fense") .

36




The Court concludes tha t , with r espec t to each of Rosen 's

re l a t ionsh ips with Seminerio, Boyland, J r . and Kruger, the quid pro

quo requirement has been sa t i s f i ed and the evidence has shown, beyond

any reasonable dispute , t ha t Rosen conferred b e n e f i t s , or sought to

confer benef i t s , on Seminerio, Boyland, J r . , and Kruger i n re tu rn fo r

ac t s to be taken in t h e i r o f f i c i a l c a p a c i t i e s .

As to Seminerio and Boyland, J r . , the benef i t s took the form of

r egu la r payments from MediSys funds, t o t a l i ng $410,000 and $175,000,

r espec t ive ly , t ha t Rosen at tempted to cloak as compensation fo r t he i r

v i r t ua l l y non-exis tent "consul t ing" se rv ices . As to Kruger, the

b e n e f i t took the form of d i rec t ing MediSys to award a l u c ra t i v e

vendor con t rac t to Compassionate Care, a co n t r ac t in which Rosen

unders tood Kruger to have a s t rong persona l i n t e r e s t (even i f he did

not neces sa r i ly know of Kruger ' s f inanc ia l i n t e r e s t )

In d i r e c tre tu rn fo r these benef i t s ,

Seminer io, Boyland, J r . ,

and Kruger a l l took o ff i a l ac t s to b e n e f i t MediSys, of ten a t

Rosen 's express di rec t ion o r reques t . The o f f i c i a l a c t s so taken

have a l ready been de ta i led a t l ength above, but they l a rge ly cente red

on th e two i s sues t ha t Rosen cared about most, and with respect to

which Sta te l eg i s l a t o r s could arguably be of the most ass i s t ance : New

York Sta t e ' s f inanc ia l support fo r MediSys, and the S t a t e ' s

f a c i l i t a t i o n o f MediSys' cont inued expansion and growth.

37




Each of these arrangements , moreover , involved a cor rup t

agreement o r conspiracy between Rosen and, r espec t ive ly , Seminerio,

Boyland, J r . , and Kruger , in to which Rosen en te red knowingly,

w i l l fu l l y , and with a spec i f i n t e n t to br ibe th e l eg i s l a t o r s and

thereby deprive t h e i r cons t i tuen t s of t h e i r hones t s e r v i ce s . Again,

the ev iden t ia ry suppor t fo r t h i s conclusion has a l ready been de ta i l ed

above, but it comes down, in each i n s t ance , to a cor rup t agreement

between a wil l ing br ibe r and a wil l ing br ibee .

Given these overa l l f ind ings - - a l l made beyond a reasonable

doubt -- the only element still in i s sue as to Counts 5 and 6, which

charge mai l and wire f raud, r espec t ive ly , and Count 8, which charges

conspiracy, i s whether Rosen caused th e use of the mails o r

i n t e r s t a t e wires in execut ion of h is var ious br ibery schemes. That

t h i s i s t rue has repea tedly been evidenced beyond a reasonab le doubt

by extens ive evidence in th i s case . For i n s t ance , Rosen sen t the

Vendex and VQR forms to the Ci ty and th e S ta t e , as wel l as MediSys'

checks to Seminerio and Boyland, J r , through the mai ls . See Gov.

Exs. 54, 1115. Simi la r ly , Seminer io , Boyland, J r . , and Kruger each

sen t l e t t e r s through the mai l s , in which they advocated to var ious

power brokers on beha l f of MediSys, in fur therance of t h e i r

re spec t ive schemes with Rosen. See , e . g . , Gov. Exs. 1248, 2303; c f .

Gov. Ex. 3208. As fa r as wires , most i f not a l l of Rosen 's e-mai l s

38




to Seminerio, Boyland, J r . , and Kruger were wired through i n t e r s t a t e

f a c i l i t i e s . See Tr. 722-730,

Turning to Counts 7 and 9, which charge Rosen with conspi r ing

with Seminerio and Boyland, J r . , r espec t ive ly , to commit f edera l

programs br ibery and Travel Act conspiracy, the Cour t ' s f indings

de ta i l ed above e s t a b l i s h beyond a reasonable doubt t ha t Rosen

in ten t iona l ly consp i red with, r espec t ive ly , Seminer io (Count 7} and

Boyland, J r . (Count 9} to of f e r each of them br ibes worth more than

$5,000 to inf luence each of them in connect ion with t h e i r o f f i c i a l

du t ies and a l so to v io l a t e New York S t a t e ' s a n t i br ibery laws.

Likewise, as to both counts , the foregoing f indings prove beyond a

reasonable doubt the use of mai ls and i n t e r s t a t e f ac i l i t i e s in

fur therance of each conspiracy, as wel l as New York S t a t e ' s r e c e i p t

during each of the years in i s sue of more than $10,000 under a

f edera l program.

Fina l ly , as to venue, it i s c l e a r t ha t ac t s cons t i tu t ing each of

the charged cr imes occurred within the Southern D i s t r i c t of New York.

Each of the Vendex and VQR forms s igned by Rosen were sen t to the

City Mayor 's Office in Manhattan. Rosen 's meet ing with Governor

Pa taki ' s Chief of S t a f f , John Cahi l l , which was arranged by Seminerio

in re turn fo r pa r t of h is br ibes , occurred in Manhattan, as did

Kruger ' s s i m i l a r l y br ibe induced meeting with Governor Pat terson.

See Tr. a t 242, Gov. Ex. 3225. More broadly , throughout the en t i r e t y

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of the r e levan t t ime per iods , Rosen was l i v ing in Westches te r County

and r egu la r ly t r ave l ing in and through the Southern D i s t r i c t in the

ordinary course o f h is work a t MediSys. Tr. 903, 938-941. Given th e

dominant ro le t h a t t he se cor rup t re l a t ionsh ips carne to play in h i s

work in the pe r iod between 2003 and 2008, it i s f a i r to say t h a t in

corning to work, he was also corning to b r ibe .

For a l l the foregoing reasons, the Court concludes t ha t Rosen i s

gu i l ty , beyond a reasonable doubt , of the cr imes charged in Counts 5,

6, 7, 8, and 9 in the Ind ic tment . Counsel a re d i rec ted to j o i n t l y

c a l l Chambers to schedule a date fo r sen tenc ing on these charges.

SO ORDERED.

Dated: New York, NY

September 12, 2011

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Rosen Decision

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