stasica recommendation

8/22/2019 Stasica Recommendation

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UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTACriminal No.: 13-47 (ADM)

UNITED STATES OF AMERICA, )

)Plaintiff, ) GOVERNMENTS SENTENCING

) POSITION)

v. ))

PETER STASICA, ))

Defendant. )

The United States of America, by and through its attorneys B. Todd Jones, United

States Attorney for the District of Minnesota, and Assistant United States Attorney David

M. Genrich, respectfully submits the governments position with respect to sentencing in

the above-captioned matter. The government recommends a sentence of six months

imprisonment with a term of supervised release to follow upon conditions determined by

the Court.

PLEA AND OFFENSE CONDUCT

On April 11, 2013, defendant entered a plea to Wire Fraud Health in violation of

18 U.S.C. 1343. The plea was entered pursuant to Information and a written plea

agreement containing a factual basis, which was reviewed on the record and submitted to

the Court at the change-of-plea hearing. See Plea Agreement, Docket No. 10, at 1-3, 2

(factual basis). In addition to the factual basis, the Presentence Investigation (PSI)

accurately summarizes the facts and circumstances in this case. See PSI at 1-4, 4-10.

CASE 0:13-cr-00047-ADM Document 17 Filed 07/18/13 Page 1 of 5


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Over a six month period, defendant abused his positions of trust with Fairview

Health Services (Fairview) and with patients under his care and supervision to

perpetrate an unusual and serious fraud. Defendant, a Fairview clinic supervisor and

prosthetics manager at the time of the offense, removed without authorization from

Fairview prosthetics and prosthetic-related supplies to sell on EBay. Defendant

augmented his inventory by soliciting prosthetics from patients under false pretenses.

These too would be sold on EBay.

The conduct was not limited to a few items, a few sales, or a few fraudulent acts.

Defendant sold over sixty prosthetics and prosthetic-related supplies to approximately

forty unique buyers. Each sale requires the securing of the ill-gotten item from Fairview

or a patient, the listing of the item on EBay, the completion of the sale including any

necessary communication with the buyer, and the packaging and mailing of the item to

the purchaser. The course of conduct required constant deception rather than a handful of

aberrational acts, and the scheme was halted only by the intervention of law enforcement.

In some fraud cases, a guidelines loss amount determination can provide at least a

rough measure of the nature and seriousness of the offense. This is not such a case.

Underlying defendants conduct were serious abuses of trust that caused economic and

non-economic harm that will go unaccounted for in the guidelines loss calculation.

Fairview suffered economic and non-economic harm that is not captured by guidelines

loss or restitution, including resources expended in dealing with this matter, substantial

reputational harm, and loss of business estimated in the hundreds of thousands of dollars

as a result of defendants abuse of Fairview and patient trust. See PSI at 6-7, 14.



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Moreover, families of those like Fairview patient R.M., whose prosthetic was

donated by his family to Fairview after his death, only to be taken and sold on EBay by

defendant, were disheartened and saddened by defendants conduct. See PSI at 8-9, 17.

Whatever the fate of the donated prosthetic would have or should have been, the families

of R.M. and others were unwilling and unwitting instrumentalities of defendants deceit.

Defendants offense had unique and substantial impacts that extended well-beyond

measures of guidelines loss or pecuniary gain.

PRESENTENCE INVESTIGATION AND ADVISORY GUIDELINES RANGE

The government has no objections to the Presentence Investigation prepared in

this matter. The guidelines loss amount reflected in the PSI, namely $51,186.72, is lower

than the loss amount identified by the government in the plea agreement. Compare PSI at

11, 27 with Plea Agreement at 4-5, 6(b) (identifying $122,928 loss amount). Based

upon the thorough investigation of the Probation Officer and the victim impact

submissions to the Probation Office by Fairview claiming a loss of $51,186.72, the

government respectfully recommends adoption of the loss amount reflected in the PSI.

The abuse of trust enhancement is equally supported by the facts and investigation

recounted in the PSI, including the very detailed and specific responses to objections

lodged by defendant. See Addendum to the Presentence Report at A.1 A.4.1

If the PSIs calculation of a total offense level of 13 and a criminal history

category of I is adopted, the advisory guidelines range for imprisonment is 12-18 months

1The government will review Defendants Sentencing Position, filed today, with respect

to PSI objections and sentencing recommendations and file a government reply, if any,no later than seven days prior to sentencing.



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in Zone C. The government supports that advisory guidelines range. The government also

supports and seeks imposition of the restitution amount identified in the PSI. See PSI at

21, 79-80.

SENTENCING RECOMMENDATION

The government respectfully recommends a sentence of six months imprisonment

to be followed by a supervised release term with community confinement or home

detention conditions as determined by the Court. The governments recommendation is

mindful of Zone C dispositional options set forth in the advisory guidelines, which

provide for a split sentence in appropriate cases. See U.S.S.G. Section 5C1.1(d) & App.

Note 4. It is also made in careful consideration of the factors set forth in Title 18, United

States Code, Section 3353(a).

The recommended sentence is fair, reasonable, and just. As is discussed above

and explored in the PSI, the nature and circumstances of the offense reflect a serious

abuse of trust by a medical professional who victimized his employer and patients in

substantial ways. Defendant executed a scheme made possible only by his relationship

with and responsibility to Fairview and patients, and his crime had measurable and

immeasurable impacts on his victims. The nature and seriousness of the offense,

considerations of just punishment, and general deterrence all counsel in favor of

incarceration consequences. Based upon defendants acceptance of responsibility evinced

in part by his plea to an Information, the history and characteristics of defendant, and

review of the other facts and circumstances outlined in the PSI, however, the government

does not seek a 12-18 month prison sentence. The recommended sentence is an



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appropriate balance of Section 3553(a) factors, and the government respectfully requests

its imposition.

CONCLUSION

For the reasons stated above as supplemented by any argument to be received by

the Court at the sentencing hearing, the government respectfully recommends a sentence

of six months imprisonment with a term of supervised release to follow upon conditions

determined by the Court.

Dated: July 18, 2013 Respectfully submitted,

B. TODD JONESUnited States Attorney

s/ David M. Genrich

BY: DAVID M. GENRICHAssistant U.S. Attorney


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