Former Nursing Home CEO Charged in $169K Racketeering Scheme

Joanne Bauer

Joanne Bauer

Published May 14, 2022 2:19 am
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CLEARFIELD CO., Pa. (EYT) — A former nursing home CEO is facing a laundry list of charges stemming from a $169,000 racketeering scheme.

According to court documents, DuBois-based State Police filed the following criminal charges against 64-year-old Samuel Joseph Zaffuto, of Sykesville, on Friday, May 13, 2022, in Magisterial District Judge David S. Meholick’s office:

– Corrupt Org-Int/Control in Enterprise, Felony 1
– Corrupt Organizations — Employee, Felony 1
– Theft by Failure to Make Required Disposition of Funds, Felony 2
– Theft by Failure to Make Required Disposition of Funds, Felony 3 (two counts)
– Theft by Deception-False Impression, Felony 2
– Theft by Deception-False Impression, Felony 3
– Theft by Unlawful Taking-Movable Property, Felony 3 (10 counts)
– Receiving Stolen Property, Felony 3
– Other Reason Access Device Is Unauthorized by Issuer, Felony 3
– Theft by Unlawful Taking-Movable Property, Misdemeanor 1 (14 counts)
– Theft by Unlawful Taking-Movable Property, Misdemeanor 2 (three counts)

According to a criminal complaint filed on Friday, May 13, in Judge David S. Meholick’s office, Samuel Zaffuto was employed with Christ the King Manor, the victim, in 1985. He was promoted to administrator and CEO in May of 2004. He was placed on administrative leave of absence due to the discovery of “numerous issues of serious concern” on June 4, 2019, and his employment was terminated effective July 12, 2019.

It was noted that during his employment at Christ the King Manor, Zaffuto was also a Board Member or President of the Sykesville AG & Youth Fair and Vice President of the Pennsylvania State Association of County Fairs. He also took care of Sykesville AG & Youth Fair accounting records.

On February 3, 2021, Christ the King Manor requested PSP DuBois to investigate the incident.

Christ the King Manor retained certified accountants to evaluate financial areas of concern that emerged during and after Zaffuto’s employment. The accountants prepared an independent Accountants’ Report on Agreed-Upon Procedures, which was sent to PSP DuBois along with the investigation request.

This document reported six areas of activity that appeared to be criminal in nature, the complaint states.

On February 24, 2021, upon reviewing the report, PSP contacted Christ the King Manor and requested that a forensic audit be completed, and an accounting firm was retained to perform a forensic accounting investigation, the complaint states.

According to the complaint, on March 24, 2022, the forensic audit was completed by the accounting firm. During the time period between May 13, 2017, and Zaffuto’s administrative leave on June 4, 2019, the following was discovered:

1. Concealment of two bank accounts that were not authorized by Christ the King Manor were discovered upon Zaffuto’s administrative leave. One account had funds diverted to it by Zaffuto during his course of employment. The other account–referred to as the “Charity Account”– had $151.575.63 in various donation funds and $21,330.00 from the Glen & Ruth Mengle Trust diverted to it. This account contained donations that were intended for Christ the King Manor’s use, but were being utilized for personal reasons by Zaffuto. Zaffuto utilized funds from this account to support the Sykesville AG & Youth Fair and for other purposes not related to the victim’s use. Zaffuto used this account to make unlawful payments to known individuals in the amounts of $300.00, $720.00, $801.55, $112.00, $2,400.00, $1,660.00, $1,375.00, $2,186.00, $36.00, $1,000.00, $500.00, $600.00, $135.00, and $500.00. Zaffuto also paid the Sykesville AG & Youth Fair in the amount of $25,000.00 and paid for electric bills belonging to the Sykesville AG & Youth Fair in the amount of $3,382.52. All of these transactions and occurrences were completed without authorization and approval from the board of Christ the King Manor.

2. In June of 2018, Zaffuto purchased a new 2018 Ford F-150 truck for approximately $58,000.00 without approval from the victim. The truck was financed at 7.79%, which was higher than market interest rates at that time. This resulted in a monthly payment being deducted from Christ the King Manor’s bank account. Zaffuto utilized the truck for personal purposes and to pull his foot trailer to various state fair locations, having it registered in Christ the King Manor’s name. This sale was completed without authorization and approval from the board of Christ the King Manor.

3. Zaffuto utilized Christ the King Manor vendor accounts to purchase food supplies and other items personally for his food trailer that he took to fairs and festivals in the amount of $20,333.12. These items were not approved by Christ the King Manor and were solely for personal use by Zaffuto.

4. Zaffuto utilized Christ the King Manor’s credit card for personal use, incurring fees in the amount of $1,516.24. All of these transactions and occurrences were completed without authorization and approval from the board of Christ the King Manor.

5. Zaffuto directed Christ the King Manor employees to conduct Sykesville AG & Youth Fair duties, while being compensated by Christ the King Manor, that were outside of the scope authorized by the board at Christ the King Manor (ie: employees were not working at the approved booth at the Sykesville AG & Youth Fair). Zaffuto admitted on June 4, 2019, to requiring certain employees to conduct these duties, while being compensated by the victim. This created a financial loss to the victim in the following amount per employee $10,049.59, $5,327.28, $2,536.80, $2,568.00, and $1,196.80. All of these transactions and occurrences were completed without authorization and approval from the victim.

6. In addition to utilizing employees to work at the Sykesville AG & Youth Fair, Zaffuto invited several employees to attend the annual State Fair Convention in January of 2018 and 2019. The employees had their wages paid by Christ the King Manor to attend, even though it was not approved by the board at Christ the King Manor. This created a financial loss to the victim in the following amount per employee $695.04, $338.24, and $490.24. Zaffuto paid himself $1,440.00 to attend, as well. All of these transactions and occurrences were completed without authorization and approval from the victim.

7. The Christ the King Manor Auxiliary Committee had a concessions booth at the Sykesville AG & Youth Fair yearly. Based upon a review of accounting records, it appears that the booth profited over $12,000.00 annually using Christ the King Manor’s resources. Between May 15, 2017, and June 4, 2019, Zaffuto failed to provide approximately $24,000.00 of profits made by the auxiliary booth to the victim.

Based upon this investigation, including the forensic audit being completed, PSP DuBois believes probable cause exists to substantiate the charges listed above.

During the time period of May 13, 2017, up until the termination of Zaffuto’s employment, Christ the King Manor suffered a financial loss of $169,179.49 due to fraudulent disbursement, corrupt business practice, and racketeering, as well as the abuse of Christ the King Manor’s resources by Samuel Zaffuto.

Court documents indicate Zaffuto is awaiting a preliminary hearing.

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