Karen Fueyo, 51, of Milton, a former employee of a licensed clinical social worker, pled guilty to one count of felony health care fraud, one count of felony theft and one count of felony conspiracy in the second degree in Sussex County Superior Court. She was sentenced by Judge E. Scott Bradley to three years of incarceration suspended for probation, and ordered to pay full restitution to the Delaware Medicaid Program, in addition to fines and court costs, as well as costs of investigation to the Department of Justice Medicaid Fraud Control Unit.

Fueyo worked as a biller for Rosa Fernandez, a licensed clinical social worker in Milton, who was also arrested and indicted in this case. Following an audit, the Delaware Division of Medicaid and Medical Assistance referred the matter to the Department of Justice Medicaid Fraud Control Unit. The DOJ investigation showed Fueyo billed the Delaware Medicaid program for numerous office visits that never occurred, including dates when clients were out of the country.

“With Medicaid costs representing a major piece of the state budget, it’s crucial that cases like this be identified, investigated, and prosecuted,” said Attorney General Matt Denn. “I thank Deputy Attorney General Andrea Rodgers and Special Investigator Tom Abram for their work. I have talked about the importance of Medicaid fraud cases like these and we commit to continue bringing cases like these.”

Fernandez, who was also indicted on multiple counts of felony health care fraud, theft, falsification of business records, and felony conspiracy, is facing trial later this year.

(WILMINGTON, DE) – Attorney General Matt Denn, Representative J.J. Johnson, and Senator Margaret Rose Henry announced legislation Monday to update the list of crimes classified as violent felonies. The purpose of the statute is to ensure that crimes listed as statutory “violent felonies” are truly violent felonies as the term is commonly used.

“The classification of a felony as a ‘violent felony’ has significant consequences for a defendant under Delaware law,” said Attorney General Matt Denn. “A conviction of a violent felony can impact the terms of a defendant’s bail, a convicted defendant’s habitual offender status and accompanying sentence, the minimum mandatory sentence that may apply to a felon who is later convicted of illegal possession of a firearm, and a convicted defendant’s eligibility for a sentence modification.”

A significant change proposed by the legislation is the removal of some drug possession crimes from the list of violent felonies. Specifically, the bill would remove drug possession felonies where the quantity of drugs in question did not make the defendant a presumptive drug dealer under the statutes as they are now written.

With the legislation in place, two felonies would be added to the list of statutory violent felonies, they are Promoting Sexual Solicitation of a Child, and Resisting Arrest with Force or Violence.
“These are acts of violence, Denn said, “and should be included on the list of statutory violent felonies.”

“Delaware’s criminal statute is in need of some revisions, and this effort to revamp our violent felonies laws is a good step in that direction,” said Rep. J.J. Johnson, who chairs the House Corrections Committee. “The offenses we are removing really aren’t violent and don’t belong, while the ones we are adding deserve to be placed in the statute. I’m pleased to see the Attorney General actively looking at our criminal justice code and finding ways to improve it and make it more accurately reflect what is just and fair.”

“This bill gives greater clarity to the courts and to the public about who Delaware’s true violent offenders are and who they are not,” said Sen. Margaret Rose Henry, D-Wilmington East, who chairs the Senate Judiciary Committee. “Surely those who harm our children or our police officers should face stiffer penalties and greater scrutiny than someone who possesses drugs with no intent to sell.”

The bill was drafted in conjunction with senior felony prosecutors in the Attorney General’s office, and has been reviewed by representatives of major law enforcement organizations.

In addition to Rep. Johnson and Sen. Henry, co-sponsors of the legislation include Representatives Stephanie Bolden, Deborah Hudson, Earl Jaques, Jr., Helene Keeley, Harvey Kenton, Joseph Miro, Edward Osienski, Charles Potter, Jr., Michael Ramone, Peter Schwartzkopf, Bryon H. Short, Melanie Smith, and David Wilson, and Senators Colin Bonini, Ernesto Lopez, Robert Marshall, and Bryan Townsend.

A complaint filed by the State of Delaware under the Criminal Nuisance Abatement Act, has led to the signing of a court order calling for the immediate and temporary closure of a property at 1172 Dexter Corner Road in Townsend.

The home, owned by Malcolm McAlpin, was the site of drug use and numerous illegal drug transactions since 2011. The property has also been the target of numerous complaints from neighbors about drug activity and violence.

On March 3, 2015, McAlpin, and Shawn Roy, another resident of the home, agreed to vacate the home no later than March 18th, and conduct no nuisance activity at the property, pursuant to an order by Superior Court Judge Andrea Rocanelli. McAlpin also agreed to sell the property, listing it with a licensed realtor, and have the State pre-approve any potential buyer. Once the sale is complete, the State will file a motion to dismiss its lawsuit against McAlpin and Roy.

John Grimm and Renee Leverette led the proceedings for the Delaware Department of Justice, and were assisted by Delaware State Police detective Sgt. Andrew Lloyd.

Dover – Delaware’s largest law enforcement agency today graduated 30 correctional officers and a correctional educator who have completed the Department of Correction’s Correctional Employee Initial Training (CEIT) program during a ceremony today at the Department’s Dover headquarters. These graduates now join the ranks of the 1,700 Correctional Officers who are assigned to Delaware’s state prison system.

Attorney General Matt Denn served as the ceremony’s keynote speaker, and focused on the impact that Correctional Officers can have in the effort to rehabilitate inmates, reduce recidivism, and improve public safety. “The overwhelming majority of the men and women who enter our correctional facilities will someday be released back into our communities,” Denn remarked. “What happens to them while they’re in prison in many cases will have a profound impact on the choices they make when they’re released and those, in turn, will have a real impact on the communities in which they live. We know from experience that through working with inmates during their incarceration and immediately after their release we can increase the number who are successfully rehabilitated by giving them the necessary knowledge and tools to live productive and law abiding lives.”

Commissioner Coupe applauded the graduates – 27 Correctional Officers, one Correctional Officer Maintenance Mechanic, one Correctional Counselor, one Correctional Officer Food Service Specialist, and one Teacher – for their commitment to service, and he acknowledged their families’ support of their chosen profession. “A career in corrections requires a careful balance of confidence and strength, along with respect and compassion,” Coupe said. “As you head out to your assignments, stand tall and proud; be confident, but not cocky; respect those who you are entrusted to supervise, as you courageously fulfill your duties.”

During the ceremony, Correctional Officer candidates took the oath of office and received their facility assignments. Correctional Officer candidate Aaron Bianca was named Outstanding Cadet by Department of Correction training staff, and Correctional Officer candidate Randall Friend, who was selected by his peers to be the class speaker, reminded his fellow graduates that through the oaths they took today they have committed to carry out their duties in a firm, fair, and consistent manner.

Today’s graduates completed nine weeks of training, including hands-on and classroom sessions in a multitude of areas, including inmate supervision, weapons familiarization, defensive tactics, emergency preparedness, report writing, substance abuse training, CPR/Basic First Aid and inter-personal communication.

A photo of the graduating class is attached, with Commissioner Coupe standing at the far right of the photo and their training instructors seated at front.

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Newark man prevents 85-year-old from becoming victim of scam

WILMINGTON-Attorney General Matt Denn presented Jaouad Ezzaher of Newark, with a letter of commendation on February 6, 2015, for going the extra mile to help protect a fellow Delawarean.

While working for the FEZ Taxi Company, Ezzaher was dispatched last month to pick up an 85-year-old man to take him to the bank. After the man made a sizeable withdrawal, he received a phone call, and then asked Ezzaher to take him to the parking lot of a local store where he had been told would meet an agent from the IRS to pay a debt. Suspecting a scam, Ezzaher instead took the man to the police to report what had happened.

“Mr. Ezzaher is a hero,” said Attorney General Denn, “he could have just gone about his business, done his job, and moved on. But instead, he went the extra mile to protect one of Delaware’s most valuable resources…a senior citizen. I thank him, and encourage everyone to follow his example.”