Deferred Prosecution Agreement — United States v. Fabian Morgan (S.D.N.Y., Dkt. 372, July 27, 2022)

Summary

Deferred Prosecution Agreement in the Southern District of New York addressed to Fabian Morgan. It recites that a grand jury returned a superseding indictment charging, among other offenses, making false claims, theft of government funds, wire fraud, and health care fraud. Prosecution is deferred for the period of one year from the signing of the agreement, on conditions including refraining from violation of any law and paying a total of $271,641.25 to the New York State Office of the Medicaid Inspector General in monthly payments of not less than an amount equal to 10 percent of gross income. The document shows /s/ signatures for Brandon D. Harper and Kimba M. Wood.

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Cite this document

“Deferred Prosecution Agreement — United States v. Fabian Morgan (S.D.N.Y., Dkt. 372, July 27, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cr-00199-dkt-372-s-d-n-y-0d62d24734/, SHA-256 dc4723b7421e0a23d15965e44550a06c9365a40b2140753f3865f15a69dc16b5.

Full text

Case 1:20-cr-00199-KMW Document 372 Filed 07/27/22 Page 1 of 3

7/27/2022
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America
Deferred Prosecution Agreement
v.
FABAIN MORGAN, S1 20 Cr. 199 (KMW)

Defendant.

TO: Fabian Morgan

On January 21, 28, 2021, a grand jury sitting in the Southern District of New York returned
an a superseding indictment, charging you with: making false claims, in violation of 18 U.S.C. §§
287 and 2; theft of government funds, in violation of in violation of 18 U.S.C. §§ 641 and 2; wire
fraud, in violation of in violation of 18 U.S.C. §§ 1343 and 2; health care fraud, in violation of 18
U.S.C. §§ 1347 and 2; conspiracy to commit wire fraud and health care fraud, in violation of 18
U.S.C. §§ 1349 and 2; aggravated identity theft, in violation of in violation of 18 U.S.C. §§
1028A(a)(1) and (b) and 2; and paying an unlawful kickback in connection with a federal
healthcare program, in violation of 42 U.S.C. § 1320a-7b(b)(2) and 18 U.S.C. § 2. However, after
a thorough investigation it has been determined that the interest of the United States and your own
interest will best be served by deferring prosecution in this District. Prosecution will be deferred
during the term of your good behavior and satisfactory compliance with the terms of this agreement
for the period of one year from the signing of this agreement. The terms and conditions
constituting your good behavior and satisfactory compliance are as follows:

(1) You shall refrain from violation of any law (federal, state and local). You shall
immediately contact your U.S. Pretrial Services Officer if arrested or questioned by a law-
enforcement officer.

(2) You shall associate only with law-abiding persons.

(3) If you are able, you shall work regularly at a lawful occupation and support your legal
dependents, if any, to the best of your ability. When out of work you shall notify your
supervising U.S. Pretrial Services Officer at once. You shall consult him or her prior to job
changes.

(4) You shall not leave the Southern or Eastern Districts of New York without permission of
your supervising U.S. Pretrial Services Officer.

(5) You shall notify your supervising U.S. Pretrial Services Officer immediately of any change
in your place of residence.

(6) You shall follow your supervising U.S. Pretrial Services Officer’s instructions and advice.

(7) You shall report to your supervising U.S. Pretrial Services Officer as directed.
Case 1:20-cr-00199-KMW Document 372 Filed 07/27/22 Page 2 of 3

(8) You shall pay a total of $271,641.25 to the New York State Office of the Medicaid
Inspector General, Bureau of Collections Management, 800 North Pearl Street, Albany, New
York, 12204, in monthly payments of not less than an amount equal to 10 percent of your gross
income.

As a further condition you hereby consent to disclosure, by any federal, state or local
government agency, or by any medical or substance abuse treatment provider, to the U.S. Pretrial
Services Officer supervising your case, of such medical and treatment records as may be requested
by the Pretrial Services Officer to evaluate deferral of prosecution in this case. You further agree
that you will execute any additional consent forms that any such agency or provider may require
to release such information.

The United States Attorney may at any time revoke or modify any condition of this
provisional release or change the period of such supervision. The United States Attorney may
discharge you from supervision at any time. The United States Attorney may at any time proceed
with the prosecution for this offense should the United States Attorney, in his or her sole discretion,
deem such action advisable.

If upon completion of your supervision a written report from your supervising U.S. Pretrial
Services Officer is received to the effect that you have complied with all the rules, regulations and
conditions and special conditions applicable to your deferred prosecution, no further prosecution
will be instituted in this District for the above offense.

Dated: New York, New York
July 22, 2022

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York

By: __/s/Brandon D. Harper___________
Brandon D. Harper
Kedar S. Bhatia
Assistant United States Attorneys
Tel.: 212-637-2209

[continued on next page]

07.29.2012
Case 1:20-cr-00199-KMW Document 372 Filed 07/27/22 Page 3 of 3

The undersigned hereby consents to the foregoing and expressly waives any and all rights
to a speedy trial pursuant to the Sixth Amendment to the United States Constitution, the Speedy
Trial Act, 18 U.S.C. §§3161 et seq., and any other pertinent provisions, and consents to the
adjournment of all pending proceedings in this case. The undersigned further waives the
applicable statute of limitations with respect to any prosecution that is not time-barred on the date
that this agreement is signed. It is the intent of this provision to toll the applicable statute of
limitations during the pendency of the deferred prosecution.

Dated: New York, New York
July__,
22 2022

____________________________ Fabian Morgan (by counsel)
____________________________
James Neuman, Esq. Fabian Morgan
Attorney for Defendant Defendant

Pursuant to 18 U.S.C. §3161(h)(2), exclusion under the Speedy Trial Act of the period of
time during which the prosecution of the defendant is deferred pursuant to this agreement is hereby
approved.

Dated: New York, New York
July__,
27 2022

____________________________
/s/ Kimba M. Wood
Honorable Kimba M. Wood
United States District Judge

The undersigned hereby consents to the foregoing and will accept supervision of the
above-named defendant on the conditions set forth herein.

Dated: New York, New York
July__, 2022

____________________________

United States Pretrial Services Officer
07.29.2012

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