FORMER SENIOR MARKETING DIRECTOR OF AFFINITY HEALTH PLAN A BRONX HEALTH CARE PROVIDER IS CONVICTED OF GRAND LARCENY

Bronx District Attorney Robert T. Johnson announced today that a 41 year-old former Senior Marketing Director of the Affinity Health Plan, has been convicted of embezzling more than $250,000 from the non-profit health care provider located at One Fordham Plaza.

Emilio Noble, of 5 Henry Drive, Wappingers Falls, New York, pled guilty to Grand larceny in the 2^nd degree. Under the terms of the plea agreement, Acting State Supreme Court Justice Michael A. Gross promised Noble a term of five years probation, and will order the defendant to pay $250,000 in restitution. Sentencing has been set for Thursday, July 8, 2004 in Part T11.

Co-defendant Luis Omar Rodriguez, 54, of 3750 Hudson Terrace, the Bronx, pled guilty in February 2003 to Attempted Grand larceny in the 2^nd degree. Under the terms of his plea agreement, Rodriguez was sentenced to a term of 5 years probation and ordered to pay $25,000 in restitution.

In 2002, during the course of an internal audit by the Bronx based health care provider, questionable accounting irregularities were discovered. Following the completion of the analysis by Kroll Associates, a private investigation firm hired by Affinity Health Plan, the case was referred to the Bronx District Attorney’s Office for prosecution.

The thefts occurred between October 2000 and January 2003 during which some seventy checks totaling approximately $252,000 were issued to Rodriguez as payment for large quantities of health plan brochures that were never ordered. Noble would draft phony invoices in his co-defendant’s name, for non-existent brochures, then submit them to accounts payable. Accounts payable would issue checks to Rodriguez, drawn on Affinity Health Plan’s account. Rodriguez would cash the checks, keep ten percent for himself and give the balance to Noble.

Mr. Johnson thanked Maura Bluestone, President and CEO of the Affinity Health Plan, and Kroll Associates for their help in building this case. Mr. Johnson also acknowledged the hard work of NYPD Detective Earnest Morris of the DA’s Squad.

Assistant District Attorney’s Samuel R. Ramer and Maureen Sheehan of the Rackets Bureau prosecuted this case.