Assisted living facility fire: Owner tied to multiple disputes, reports say

FALL RIVER, Mass. (WPRI) — The longtime owner of the Massachusetts assisted living facility where a fire killed nine people on Sunday night has faced multiple criminal charges and sexual harassment lawsuits over the past two decades, NewsNation affiliate WPRI reports.

A review of local, state and federal court documents by WPRI shows Gabriel House owner Dennis Etzkorn, along with his companies, have been the focus of at least one high-profile criminal case alleging a Medicaid kickback scheme. Separately, multiple female employees at Gabriel House have come forward and accused him of sexually harassing them dating back to the early 2000s.

Etzkorn — who has disputed all of the claims against him in court filings — has not responded to requests for comment.

A person answering a phone number listed for Etzkorn hung up when WPRI called on Monday afternoon. A defense attorney who once served as Etzkorn’s lawyer said he no longer represents him.

Massachusetts assisted living facility fire

Etzkorn was seen at Gabriel House on Monday viewing the damage, and Fall River Mayor Paul Coogan said he is cooperating with the investigation into the fire. The district attorney’s office said Monday night that the cause of the fire did not appear suspicious.

The building where Gabriel House operates was originally constructed in 1964, on the site of a former lumber yard, and opened as the Redwood Manor motel. It reopened under its current name in 1999 as an assisted living facility, and Etzkorn has been one of its owners from the start.

At the time of the fire, Gabriel House had 88 bedroom units, according to records. An inspection last October documented 15 occupants on the first floor, 28 on the second floor and 33 on the third floor. The monthly rental rate for a studio apartment was $2,400 if the occupant needed assistance and $1,800 if the person could live independently, according to the Gabriel House website.

Gabriel House fire: Worker describes blaze as ‘horror show’

Fall River’s assistant city solicitor on Monday refused to immediately release health inspection records for Gabriel House. One city employee said they showed rodent and bedbug problems at the facility in the past. The city’s building inspector told WPRI the facility had been given a clean bill of health, though its sprinkler system appeared old.

Debbie Johnson, a nurse who said she worked at Gabriel House, told reporters she showed up Sunday night and discovered “a horror show” as firefighters sought to pull disabled residents out of the building through windows. She also joined others in expressing criticism of how the facility was run.

“Understaffed?” she said. “That’s an understatement.”

The Massachusetts Executive Office of Aging & Independence conducted its last on-site visit at Gabriel House in October 2023, and was scheduled for another compliance visit this fall, according to the state.

$950K settlement over Medicaid charges

In most of the cases involving Etzkorn, the legal issues have either been dismissed or settled, WPRI reports.

In 2015, Etzkorn and two other defendants agreed to pay $950,000 to settle the criminal case over alleged Medicaid kickbacks. The case was filed by Attorney General Martha Coakley and ended under her successor, now-Gov. Maura Healey, who visited the site of the fire on Monday.

The agreement states Etzkorn did not admit nor deny the allegations when he settled the case.

The settlement came three years after a grand jury indicted Etzkorn and accused him of paying $150 kickbacks to people who referred clients to sign up for Medicaid-funded adult foster care through a company he owned called Gabriel Care LLC. That company is legally separate from Gabriel Care Inc., which operates Gabriel House, but court documents indicate they shared administrative staff.

Court records show 44 referrals that came as a result of the scheme resulted in 687 claims totaling $1.2 million paid to Gabriel Care through MassHealth, which is the name of the Medicaid program in Massachusetts. Offering kickbacks to drum up business is illegal under Medicaid laws, Healey’s office alleged.

“Notably, and purposefully, the $150 check was not paid out to the referring caregiver or client immediately upon making the referral,” state attorneys wrote. “Rather, the check was written months after the client’s placement so as to ensure that Gabriel Care would first receive a payment from MassHealth for caregiver services rendered to the client.”

The state’s case hit a snag in early 2015 when two judges ruled much of the evidence in the case shouldn’t be allowed at trial because it was gathered as the result of improper search warrants. The two sides agreed to settle.

The indictment forced then-gubernatorial candidate Charlie Baker to return a campaign contribution from Etzkorn, according to reports.

(Story continues below video.)

Sexual harassment at Gabriel House alleged

More than a decade earlier, in 2003, a registered nurse named Catherine Gaw and her husband filed a federal lawsuit against Etzkorn, alleging he created a hostile workplace at Gabriel House and regularly sexually harassed her when she worked as the program director.

Gaw, who helped create the adult foster care program at the center of the criminal case, accused Etzkorn of regularly making unwanted sexual remarks toward her, and to her 14-year-old daughter on one occasion.

“Etzkorn’s behavior was intimidating, hostile, humiliating and created a sexually offensive work environment,” Gaw’s attorney wrote in the criminal complaint that demanded $127,000 in damages.

Etzkorn filed a counter lawsuit, accusing Gaw of trying to coerce Etzkorn into paying her a percentage of Gabriel House profits under the guise of baseless allegations. After eight months of legal fighting, the two sides settled outside of court. The terms were not disclosed and the case was dismissed.

Etzkorn faced allegations in a different lawsuit eight years later.

In 2011, then-Gabriel House bookkeeper and receptionist Loriann Lajoie, who started working at the facility three years earlier, accused Etzkorn of sexual harassment, detailing the allegations in a graphic 18-page federal lawsuit.

Lajoie painted the workplace at Gabriel House as toxic and riddled with sexual harassment, alleging “Etzkorn had a reputation … for harassing young, female employees” between the ages of 17 and 30 years old.

Etzkorn defended behavior with workers

Similar to the Gaw case, Etzkorn filed a counter lawsuit, alleging Lajoie and two other female employees were all close and intimate friends who confided in him “intimate details of their personal lives and sex lives.”

“The humor between all of them was often sexually suggestive and initiated in many instances by the women especially by Lajoie,” Etzkorn’s attorney wrote, adding that Lajoie never objected to the conversations and contact by Etzkorn.

He accused Lajoie of intimately and sexually interacting with him before illegally recording it “as part of conspiracy to extort money from him,” according to court documents.

Etzkorn included sworn affidavits from other staff corroborating his version of events, which Lajoie alleged were put together by people who feared losing their jobs if they did otherwise.

The dispute was again settled outside court with undisclosed terms, and the case was dismissed.

In 2013, Lajoie’s sister, Sherrie Branco, came forward and accused Etzkorn of “severe sexual harassment, including unwelcomed and unconsented to physical touching” at Gabriel House.

The lawsuit also alleged Etzkorn created a hostile workplace and that Branco was subjected to retaliation when she was considering filing her own sexual harassment complaint at the same time as her sister.

Branco accused Etzkorn of pursuing criminal charges against her, which resulted in a lengthy criminal complaint against her alleging larceny, fraud, forgery, embezzlement, credit card fraud and illegal wiretapping, according to court documents.

Branco said the charges — which she alleged came brought as an effort to silence her — were eventually dropped.

Etzkorn fired back with yet another counter lawsuit, reiterating much of what he alleged in his counterclaim against Lajoie. He accused Branco of conspiring to entrap him and extort money from him by threatening to go to his wife and family.

“Etzkorn is a responsible business man that treated all of his employees in a professional manner,” Etzkorn’s attorney wrote, further suggesting in the counterclaim that Branco refused to cooperate in an investigation into missing narcotics.

The case was settled outside of court. The terms weren’t disclosed and the case was dismissed.

Beyond the sexual harassment lawsuits, Etzkorn was also found to have wrongfully fired a female worker in 2010 who spoke up in support of a co-worker who criticized an effort from management to force providers to sign non-compete agreements, according to a report by The Boston Globe.

Etzkorn was ordered to pay the woman $63,052 in damages, attorney fees and accrued interest, the paper reported.

Rhode Island Medicaid business remains dormant

Gabriel House is just one of a number of health care-related businesses owned by Etzkorn, who lives in Medfield, Massachusetts.

Another company, Accurate Health Care LLC, was registered to do business in Rhode Island and licensed by the state Medicaid office in April 2019 as a provider of shared living through a program called RIte @ Home. A document from two years later listed Accurate, with Etzkorn as the owner, as one of a small number of providers participating in the program.

“However, they never completed required training with us, never received any referrals, and never submitted any claims,” said Kerri White, a spokesperson for the R.I. Executive Office of Health and Human Services.

Etzkorn also owns the Plymouth Center for Behavioral Health in Massachusetts and another Accurate Care entity in Connecticut, according to his LinkedIn profile. In a post on LinkedIn three months ago, he indicated plans to open a new mental health clinic in Fall River.

Sarah Guernelli contributed to this report.

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Gov. Kathy Hochul does not appear in the ads directly though it encourages people to visit a New York run website touting her accomplishments towards more affordable housing.

HOCHUL’S AD CAMPAIGN: Gov. Kathy Hochul’s office is using taxpayer money to fund an advertising blitz promoting her agenda, brushing up against a ban on governors appearing in promotional material.

State law prohibits elected officials from appearing in ads paid for with state funds.

Hochul doesn’t directly appear in any of the ads. Instead, they encourage people to visit a state-run website where she’s prominently featured talking about wanting to cut red tape to build affordable housing.

“They’re skirting the very intent of what that law was meant to do, and that’s using taxpayer dollars to promote the image or likeness of the governor,” Republican Assemblymember Matt Slater said. “It’s clearly something that needs to be looked into so we can figure out what consequences she should be facing if she is in fact violating the law.”

The ads have appeared over the past week on Facebook, YouTube, and at least one billboard. The governor’s office said a FOIL request would be required to see the full scope.

One example is a YouTube commercial that simply states “Let Them Build” and directs people to the state’s website. The Executive Chamber has spent between $10,000 and $15,000 on that ad — one of 21 to air on YouTube or Google over the past week. The ad has been viewed one million times.

"The state routinely engages in awareness and education campaigns on critical policy priorities and this campaign was designed in compliance with all ethics laws,” said Hochul spokesperson Jen Goodman.

Reinvent Albany’s Rachael Fauss said that if the 20-year-old law had been written today, “it probably would take into consideration” campaigns like this.

“From a technical perspective, she may not be violating the law,” she said. “But I think the spirit of the law is to not have the governor’s likeness be promoted through the use of taxpayer funds. That was the intent of it. Unfortunately, this is an area where the law hasn’t kept up with the way people consume media and ads these days.”

The ban on advertising came about after former Gov. George Pataki ran state-funded commercials during an election year in which he encouraged people to register in a new healthcare program. Ethics reforms passed as part of former Gov. Eliot Spitzer’s inaugural agenda included language prohibiting the practice.

Hochul isn’t the first elected official to brush up against the intent of the law in recent months. New York City Mayor Zohran Mamdani’s likeness has appeared on WiFi kiosks, a practice that’s permitted since the city is given the screentime for free. And Mamdani, unlike Hochul, isn’t up for reelection anytime soon.

“She’s got plenty of campaign funds that she could be using to pay for these things,” Slater said. “What she’s doing right now is spending taxpayer money to enhance her image when she’s on the ballot this year.” — Bill Mahoney

FROM THE CAPITOL

Attorney General Letitia James appeared in Albany this morning to support regulating algorithmic pricing legislation.

PRICING POLITICS: Democratic state Attorney General Letitia James is throwing her support behind a bill meant to crack down on retailers’ use of algorithmic pricing.

James was in Albany this morning to back legislation meant to halt the practice, which uses a consumer’s personal data to set individually tailored prices.

The bill, backed by Assemblymember Michaelle Solages and Deputy Senate Majority Leader Mike Gianaris, is part of a broader push being made by elected officials to address peoples’ pocketbook concerns.

“This online pricing model hits hardest where it hurts the most — food, medicine, diapers and other essentials,” James said at a news conference. “We all have all been focused on the issue of affordability across this state.” Nick Reisman

FROM CITY HALL

Former NYPD sergeant Tim Pearson (third from left) served as a top mayoral aide to former Mayor Eric Adams.

EVIDENCE HUNT: The former NYPD sergeant accusing former mayoral aide Tim Pearson of sexual harassment wants to get her hands on the evidence that prompted the Mamdani administration to stop paying for Pearson’s legal bills.

In 2024, the former sergeant, Roxanne Ludemann, sued Pearson, a confidant and top adviser to former Mayor Eric Adams, accusing him of sexually harassing her at work and then professionally retaliating against her when she rejected his overtures.

Thanks to an unusual arrangement greenlit by Adams’ Law Department, Pearson received taxpayer-funded private lawyers to defend him against Ludemann’s suit. But Mamdani’s corporation counsel, Steve Banks, announced last week that he had rescinded Pearson’s arrangement, citing unspecified “new evidence” that warranted terminating it.

In a court filing late Friday, John Scola, an attorney representing Ludemann, demanded that the Law Department provide his client with access to the evidence in question, arguing it’s relevant to her ongoing case.

“Produce all documents, records, evidence, reports, memoranda, and materials of any kind that constitute, refer to, or relate to the ‘new evidence’ relied upon, reviewed, considered, or referenced by corp counsel in making its determination to decline or withdraw representation of Defendant Timothy Pearson in this matter,” Scola wrote in the filing.

Also last week, Banks terminated a similar arrangement that allowed Jeffrey Maddrey, an Adams ally and former NYPD chief of department, to receive taxpayer-funded attorneys in the Pearson matter, too. Maddrey is accused by Ludemann of helping Pearson retaliate against her.

Scola’s filing demanded access to the information that prompted Banks to slash Maddrey’s arrangement as well.

Pearson and Maddrey, who resigned from city government in late 2024 after being ensnared in unrelated corruption investigations, have denied any wrongdoing.

A Law Department spokesperson did not comment when asked today about Scola’s demand.

New York City taxpayers have already paid more than $620,000 to cover Pearson’s legal tab alone. — Chris Sommerfeldt


FINANCE SHUFFLE: Mamdani is zeroing in on a pick to run the Department of Finance, a normally under-the-radar agency that has taken on new prominence amid the mayor’s push to raise property taxes.

Mamdani’s administration is in talks to hire Richard Lee for the job, according to three people with knowledge of the discussions who were granted anonymity to discuss an internal personnel matter.

Lee currently serves as director of the City Council’s Division of Finance. That means his move to Mamdani’s finance department would leave Council Speaker Julie Menin without her top budget adviser amid increasingly tense negotiations over the city’s $127 billion spending plan for the upcoming fiscal year.

The Council is conducting budget oversight hearings throughout the month to better ascertain how city agencies are planning to operate amid a precarious fiscal situation. The city is facing a projected multi-billion dollar deficit over the next fiscal year, and Mamdani’s administration is relying on cash reserves, optimistic revenue projections and an increase in property taxes to bridge that gap and balance the spending plan for the fiscal year beginning July 1.

Increasing levies on property owners would require approval from the Council, and Menin has dismissed the idea as a nonstarter. She has argued the city needs to look for other ways to cut costs beforehand. The mayor, by contrast, says drastic steps like property levy hikes can be avoided if Albany gives the city the authority to raise local taxes on millionaires and corporations — proposals Menin has declined to support.

Lee, should he ultimately join Mamdani’s administration, would be working for the finance department as it tabulates a key variable — the assessed value of property in New York City — which helps determine how much revenue the city collects from owners each year.

Read the story from Joe Anuta and Chris Sommerfeldt in POLITICO Pro

AROUND NEW YORK

MACHIAVELLIAN MAMDANI: The mayor forced his political will on fellow lefty lawmakers, including by squashing Tiffany Cabán’s congressional prospects and threatening Chi Ossé. (The New York Times)

ADAMS OFFICIAL UNDER PROBE: The former commissioner of the city’s probation department under Mayor Eric Adams is being investigated by the Manhattan district attorney. (Gothamist)

MAYOR DINES WITH KNICKS: Mamdani broke his Saturday Ramadan fast with Senegalese Knicks player Mo Diawara. (GQ)

Missed this morning’s New York Playbook? We forgive you. Read it here.

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