civus
Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

I have.

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okay um what strategies would you like employ on an outset to make sure that we are uh complying

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with state and federal regs um so through our compliance program we'll make sure that our

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clinical record has all of the documents and forms needed to um in it to be completed by the

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staff to ensure adherence to the regs make sure that the policy manual is available and that the

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staff and all of the staff coming on board have read and been trained in applicable policies

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and then we the compliance team will follow up behind with monthly weekly and monthly reporting

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to ensure that we're meeting the metrics and we're meeting the policies this is done through

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resident interviews and chart reviews and and and participation in clinical meetings

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and let me see your strategic planning and and program development

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to let let's talk about um your experience with other facilities in building up business

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development strategies and and how you can adopt that at 508 more well so you know we have a we

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have in most of our marketing plans we approach uh the pain points for where individuals with

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substance use issues

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you know

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spend frequent

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we go to emergency

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rooms we go to

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primary care offices to pain management

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clinics we also

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go to

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the other

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the higher level treatment programs

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the detoxes those

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programs that are 3.5 and 3.7

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on the ASM

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uh scale and we work with them to provide step down services to those individuals straight out of

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3.5

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and that's great and and i do want to ask you about community impact but

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let me let me ask you another question what have you done this

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Let me let me ask you another question. What have you done this for other known facilities?

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I don't want to say reputable, but known facilities.

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So sure, as throughout my professional experience, I was employed for a long time as a large nonprofit in the state of Delaware,

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where we did substance use treatment programming and I helped build and implement programs there

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after when I left there I went into the consulting business and I worked for

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some large entities both regional and national I did some consulting with Banyan and I helped

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them open a large treatment facility I did some consulting with Gadenzi in Delaware to help them

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maintain compliance with, obtain and maintain compliance with the state of Delaware.

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And I also worked with a group called Lyman House out of the state, out of Delaware to help them

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grow their business. So yes, I've done these things. And then I've also done these things

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at American Treatment Network where, you know, when we opened, we had one facility. Now we have

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we have four great great great great all right so coming back to 508 more um what

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what um impact do you see um that that that having a facility like this or better yet

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what strategies would you foresee in walking hand in hand with the community

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well i i you know i and i understand it's always it's always um difficult to work with the

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community especially when they have concerns about us being there but i think it's important

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that we connect with them we talk to them about the fact that we're going to have jobs available

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to them to members of their community within walking distance you know within uh easy with

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and easy to commute distance we talk about um that we're going to do community service we talk

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about the fact that you know we're going to do background checks on the people coming in and

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we're going to make sure that there aren't registered sex offenders um we also are going

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to have a zero tolerance policy about uh using you know using drugs and alcohol and if a person

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uses them we're going to move them to a higher level of care we're going to remove them from

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the program. I think it's important that, you know, we understand that addiction and the need

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for treatment is all around us. And, you know, one in every five people suffer from addiction.

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So there's people already in their community that might need the services that we offer.

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Great, great, great. And one last set of questions. The opposition has

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hold on an expert witness are you familiar with that individual i i am uh by name i'm familiar

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with him i was probably in similar meetings with him when uh gdenzia first opened in delaware

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he is absolutely an expert in the field i i do not deny that um and i think that you know

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that he has

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done a lot for individuals

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with addiction throughout the region

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Psychedentia operated in.

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But much like you, and you're at

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the peak of your career,

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and you're

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at least

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you're

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if he's a legend, you're the current star.

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So having

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said that,

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I

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I understand that the opposition did present comments allegedly written by him and presented it to the board.

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Did you get a chance to look at those comments?

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I did review those comments, and they break down into three different categories.

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I mean, three different sort of overarching categories.

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One was the zoning, one that had to do with parking, available parking, which was discussed at the last meeting.

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One that talked about whether or not there was the clinical know-how and wherewithal to operate at 3.1.

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And one was working with funding sources and referral sources to make sure that, you know, the program would be filled and would benefit the community of Philadelphia.

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And so, I mean, I think that to the second one, you know, American Treatment Network has been licensed and regularly and been through several licensure audits with DDAP.

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It has done really well with them. And, you know, we are prepared to to help.

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We are prepared to help assist and oversee this program, and I think that also, you know, willing to bring myself to bear on it to make sure that we implement a treatment program that's based in evidence-based practices.

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and you know uh american treatment network is in network with cbh we do have we have gotten a lot

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of referrals uh developed a lot of referral sources we do get a lot of referrals from people

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from residents of our residents of the city of philadelphia so you know we have an understanding

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of of working with cbh and what that's like um and and i think that it's important to know

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that there is there is need you know the city of philadelphia continues to struggle with

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with uh with unintentional overdose deaths in 2022 they had more than 1400 for seven years they had

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um more than 1100 uh more than a thousand for the last seven years they've had more than a thousand

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overdoses each year and you know of the of cities of comparable size and throughout the nation they

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have the largest overdose rate for 100 000 people the mayor or the mayor has said recently and some

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of her staff have said recently that um that they are having trouble with uh available beds for to

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meet the needs of the community and and so we think that we could be a help i'm gonna object

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not to hear say from from him talking about mayor parker um he needs to just focus on facts that he

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knows himself i i think he's his experience will so is clear when i agree about the mayor so just

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let him talk about his own experiences sure um when it comes to and just one last question chris

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and thanks for your testimony thus far.

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When it comes to building a program

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at the levels that you've described,

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do you think it's possible to do that here?

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I do.

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I think that this is a needed program

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in a needed city.

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Thank you.

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Mr. Chairman, I believe

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the way I understand it, I can present my witnesses, rest my case, and then Mr. Masters

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could cross-examine all the witnesses? Or are we going to do it each witness? And here's the

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reason why I'm saying it. If I could rest my case, because I know Mr. Masters is playing a game with

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the clock and so now let's let's i'm i'm objecting to the to the harassment that that mr bove no it's

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not harassment it's it's an observation so so so so i i think at this point mr master should

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do his cross thank you mr chair um mr devaney um i wanted to go over oh actually can you

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not share your screen darwin because i wanted to share my screen

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okay i wanted to um first go over your um your cv a bit okay um you mentioned in your testimony

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that you worked for some time um in delaware would that be this entry here from 1998 to 2019

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at Connections Community Support Programs, Incorporated?

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Yes, sir.

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Okay.

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So let me just go through the positions that you held there

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because I'm concerned about some of the time

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that you claim to be doing various things.

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So from the end of 2003 to 2006,

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you were the Director of Community Continuum of Care.

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Mr. Chairman, can we talk about the...

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we didn't present him as a witness as an expert and and we're going over his resume so i don't

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understand the relevance i would like i would like i would like to state

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you're muted you're muted steve sorry um the community can the connections community support

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Programs Incorporated, during the time that Mr. Devaney was a leader in that organization,

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was prosecuted two times by the Department of Justice, one for fraud and one for violations

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for violations of the controlled substances act from the dea and what i want to find out is

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of the Controlled Substances Act from the DEA.

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i know that mr devaney was i object to all of that we're bringing up let him finish let him

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finish i understand mr devaney that you were that you say that you were the um the the coo the um

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uh the operations officer for this entity and i believe that the ceo was your mother is that

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correct that's oh my god so i object we're bringing in the mother like miss darwin you

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said that you wanted to like have time for everything so maybe maybe it would be helpful

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just to let me move forward so mr devaney can you can you focus for me and and just confirm

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with the years that you were the coo of this of this non-profit december of 2006 to the time i

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left and the time you left was when january of 2019 okay um that's what i thought so i'm going to

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uh would it surprise you that your mother um answered in um objection but that was

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third party objection all right i'm going to why don't steve why don't we do this why don't we

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concentrate on him and not try to bring other people in and right okay so let's do i am um

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okay thank you okay sure we're going to uh i'll go now to the to the court documents that i have

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um that are connected to this um objection those court documents

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well mister wait first of all let me answer this steve it's the court documents is the connected

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to the gentleman that just testified yes mr chris devini is mentioned in these court documents as

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one of the leaders who was involved in the fraud in the the first prosecution by the department

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of justice he's also mentioned in the second group with the controlled substances prosecution

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from the dea and the justice department because the time period that he says he was the coo

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is the time period of when the illegal activities were happening so we have to go through mr chairman

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Mr. Chairman, organizations always name the leadership.

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No, this is the court.

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Organizations always name the leadership.

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The caption of that document has his mother.

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So I don't understand the relevance.

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Again, right?

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All right, I'm trying to hear.

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So, Steve, I think.

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Has Condensia ever been charged?

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Wait a minute, wait a minute, wait a minute.

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Here's where we're going to go.

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Steve, try to focus on this.

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Yes.

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What if he did?

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And Darwin, I do think there's a degree of he's going to be the interim head.

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And Steve's trying to say, well, the interim head has some problems.

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That's the way I see it.

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And I think what I want to do is get to this.

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And Darwin, I will give you every chance to respond to this.

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OK, let me just try to get to the beginning here.

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These are very long complaints that the Department of Justice brought against Connections Community. So, we're going to get to the top here.

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And this was, Mr. Chair, just so that you know, this was research that we had to do in the two and a half hours before the 3.30.

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so it is um just just just just okay sure um excuse me mr masters just a brief question

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was was this information previously submitted to the board and council for the applicant

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okay we shared it with the board and the applicant before our case was called today

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okay i did see updated exhibits from you but i did not get a chance to review them

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Yes, these are in the...

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And yet, again, my objection stands, right?

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He wants the standard applied to everyone else but him.

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Okay.

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Let's continue, please.

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We'll go to the substance abuse ones first.

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So that is...

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Okay.

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And while you're looking for this, I...

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Well, I have it. I have it. So, Darwin, it's not necessary for you to filibuster at the moment.

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Just to give you the context, members of the board, there are four press releases put out by the Department of Justice concerning the false claims, fraud, and the substance abuse, criminal and civil violations.

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the substance abuse, criminal, and civil violations.

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This first one is from April 9th, 2021.

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It's the U.S. attorney announcing filing the civil complaint against Connections Community Support Programs, Inc.,

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as well as three of its current and former officers, including...

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Now, this one is listing William Northey as the COO,

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but apparently uh mr mr devaney tells us that he was a ceo at the time so i'm not sure if that was

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if that was i can clarify that now i left in december of 18 so i'm assuming they filled the

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position with somebody else okay all right so um then uh so you did you left you left the

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organization in december 18 after the first false claims prosecution when was that there was no false

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claims prosecution well there was a settlement there was a complaint and then a settlement was

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reached all right we'll go to the false claims one then because i was in other words no one was

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charged no right everyone was charged so so but not not not not chris no and again mr chairman

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the relevance i'm going through this all right here we have so we have the four um here's the

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