Amit Kanodia, Insider Trading, New York 2023

Kickback Scheme Bites Ex-Hospital Employees

Two former high-ranking employees of facilities operations at New York Presbyterian Hospital (NYPH) have pleaded guilty to participating in a kickback scheme, the Grimy Times has learned.

Former vice president of facilities operations, Santo Saglimbeni, and former director of facilities operations, Emilio “Tony” Figueroa, were charged in a four-count superseding indictment filed on June 16, 2011, for conspiring to defraud NYPH.

The scheme to defraud NYPH centered on Saglimbeni, who with the assistance of Figueroa, awarded contracts for the installation and repair of heating, ventilation and air conditioning systems (HVAC), to a co-conspirator’s company in return for kickbacks given to Saglimbeni and Figueroa in the form of cash, goods and services from that co-conspirator.

Saglimbeni and Figueroa also pleaded guilty to a substantive mail fraud offense based upon a payment made to the co-conspirator by NYPH on an HVAC contract awarded in furtherance of the HVAC conspiracy.

“By awarding contracts in return for kickbacks, Saglimbeni and Figueroa used their positions to subvert the competitive bidding process for essential services at NYPH,” said Joseph Wayland, Acting Assistant Attorney General in charge of the Justice Department’s Antitrust Division.

On Feb. 2, 2012, after a four-week trial, Saglimbeni and Figueroa were convicted of the first two counts of the indictment, which centered on a scheme to defraud NYPH, whereby Saglimbeni, who with the assistance of Figueroa, awarded asbestos abatement, air monitoring and general construction contracts to co-conspirators in return for more than $2.3 million in kickbacks paid to Saglimbeni.

Each count of conspiracy to commit mail fraud carries a maximum penalty of 20 years in prison and a fine of $250,000 for individuals. The fine may be increased to twice the gross gain the conspirators derived from the crime or twice the gross loss caused to the victims of the crime by the conspirators.

Including today’s pleas, 15 individuals and six companies have been convicted or pleaded guilty to charges arising out of this federal antitrust investigation.

The investigation was conducted by the Antitrust Division’s New York Field Office with the assistance of other federal and state agencies.

Saglimbeni and Figueroa are scheduled to be sentenced on [date] and face a maximum penalty of 20 years in prison and a fine of $250,000 for individuals.

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