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Cynthia J. Allen,
DDS, MS
P.O. Box 632
Cape May Court House, NJ 08210
February 28, 2005
Attorney General
Peter C. Harvey
Office of the Attorney General
P.O. Box 080
Trenton, NJ 08625-0080
Re: Fraud at
Bancroft NeuroHealth
Attorney General
Peter C. Harvey:
February 6 marked
the third anniversary of the tragic death of 14-year-old Matthew
Goodman at the Lindens facility of Bancroft NeuroHealth after being
kept in restraints there for 16 months. Matthew was described by
his parents and former teachers as a happy, loving, sociable, and
energetic child until his restraint “treatment” began. Matthew was
forced to wear these restraints with the approval of his doctors but
his “treatment plan” was devised at the sole and absolute discretion
of a Sean D. Casey who claimed to be a Behavioral Psychologist with
a PhD. But while Mr. Casey was “treating” Matthew, he was merely a
graduate student in special education who did not receive his PhD
until after Matthew’s death. He was not and is not a
Psychologist of any kind.
Sean Casey was
also in charge of the treatment plan for my son, Nick, who was at
the same facility at the same time as Matthew. I have progress
reports and other documents from as early as 2000 signed by “Sean
Casey, PhD, Behavioral Psychologist.” Bancroft advertised Mr. Casey
in its newsletter as “Sean Casey, PhD” from 2000 on. Mr. Casey
received his PhD in Special Education, not Psychology, in
2002. For this criminal fraud I paid $1000 a day out of
my own pocket for my son’s “treatment” which included the
services of a “behavioral psychologist.” There is also evidence of
widespread fraud, lack of credentials and appropriate licenses for
many of the so-called “professionals” who treated my son, Matthew
Goodman, and many other children at that facility. For example, the
Lindens’ “Social Worker” was neither a Social Worker nor licensed;
the Neuropsychologist was neither a Neuropsychologist nor licensed.
On July 30, 2002,
I filed complaints against Sean Casey and Patrick Progar, then
Director of the Lindens and an unlicensed psychologist in NJ, with
The Board of Psychological Examiners. I recently received a letter
from the Board dated January 31, 2005, in response to this
complaint. This letter states that several individuals employed at
Bancroft were using the title, “behavioral psychologist’ when they
were not licensed by the Board to do so. In May 2004, the Lindens
Unit was granted exempt status which permits an unlicensed
psychologist “to perform duties as a psychologist under the direct
supervision of a licensed practicing psychologist.” But there was
no exempt status during the time Matthew Goodman and my son were
being treated there, nor were there any licensed practicing
psychologists overseeing their treatment. To my knowledge, it is
the unanimous opinion of even those in the field who use the
harshest techniques that the treatment Matthew Goodman received was
inappropriate. But what would one expect when there were
professionals treating him were not licensed and properly
credentialed? Matthew very likely would be alive today if his
treatment had been overseen by licensed professionals.
I subsequently
received Letters of Admonishment for three of the individuals
involved in this matter. One of these letters is to Sean D. Casey.
It states: “…you represented yourself and used the title “behavioral
psychologist” without being licensed in New Jersey and you engaged
in clinical supervision which constitutes the practice of
psychology. The Board recognizes that it was Bancroft, your
employer, who provided you with this title, however, you
used the title knowing that you were not so licensed in this State
and you engaged in the activities without obtaining a license.”
The Letter of
Admonishment fails to mention the fact that Sean Casey represented
himself as having a PhD when, in fact, he did not. The Board also
ignores the fact that this fraudulent treatment resulted in Matthew
Goodman being held in restraints for 16 months culminating in his
death from sepsis and pneumonia in February 2002. A Letter of
Admonishment is a slap on the wrist for criminal activities which
resulted in a child’s death. Why were consequences not taken
against this facility for providing these fraudulent titles? Despite
the egregious misconduct at Bancroft, the Board goes on to state in
their letter that “the investigation into this matter is completed
and no formal disciplinary action was taken against anyone. The
Board now considers this matter to be closed.” Are not the
unlicensed practice of psychology, individual and institutional
fraud, theft by deception, misrepresentation, false advertising
crimes which must be taken seriously?
Such crimes
are taken seriously in other states. I enclose a copy of an
article from Boston Herald of January 6, 2005: “Fraud shrink treated
kids at Perkins: A woman who counseled children as a
neuropsychologist at the renowned Perkins School for the Blind is
facing criminal charges for allegedly practicing without a license
for some 15 years. A Waltham District Court clerk magistrate found
probable cause yesterday to charge Veronika Bernstein…with
unlicensed practice. She could face up to a $1000 fine and six
months imprisonment. “This person was working at the Perkins School
for the Blind and was holding herself out as a psychologist and a
neuropsychologist, which she’s not,” said Linda Grasso, general
counsel for the state Division of Professional Licensure, which
sought the charges…This was a misrepresentation and children and
families were receiving services from her that she wasn’t qualified
to provide” said Grasso.””
Yet Sean Casey is
still working with children with severe developmental disabilities
at another residential facility in Pennsylvania and is an Assistant
Professor at Penn State instead of indicted on criminal charges.
Why?
Using my
background as a medical librarian and health professional, I did
research in 2002 on all the “professionals” and the administrators
at Bancroft of whom I had some personal knowledge. I was able to
demonstrate an institution-wide, institution-sanctioned deficiency
of licenses and credentials for the titles these individuals claim
to have. These questionable credentials and lack of licenses could
be demonstrated all the way up through the administration.
Licensure in one’s profession is a certification by one’s peers that
one has met the standards of the profession. In addition,
continuing education is required in virtually all professions, so
licensure ensures that the licensee has kept up with research and
training in the field.
Why is the
Lindens now being given an exempt status? The fee for the Lindens
was $1000/day and Matthew Goodman’s school district paid $365,000 a
year for his “treatment.” Does this sound like a charitable agency
that should qualify for exempt status? Bancroft’s own promotional
literature states that the Lindens is “one of just a handful of
neurobehavioral stabilization programs in the world…considered by
many professionals in the field as the premier resource for complex
cases.” If that was so, then why did the 50-page April 2002 Survey
Report by the Division of Developmental Disabilities find: “None of
the persons identified as psychologists in the Private Residential
facility are currently licensed as psychologists in New Jersey?”
Why does the report also cite this facility for allowing the
behaviorists, who have no medical background, to implement
medication protocols? In addition, this report cites the facility
for violating patients’ rights, putting their physical and mental
health at risk, and failing to report dozens of cases of abuse and
neglect.” The brochure goes on to state that the Lindens is an
alternative to facilities “where the person may be unnecessarily
restrained and medicated.” Then why was Matthew Goodman on the
floor of the Lindens’ Unit in both arm restraints and helmet,
virtually all the time we ever saw him? Why was he heavily sedated
and asleep most of the time and seemed increasingly sedated as time
went on? Bancroft’s literature states that “A PhD-level behavioral
psychologist supervises the Lindens’ educateurs.” Why does the
current Director hold only a Master’s Degree in Education? The
brochure states that "The Lindens' staff includes a number of the
country's leading professionals in the behavioral disabilities
field….The program's top-level clinicians have over 70 years of
combined experience in the field of neurobehavioral intervention,
and have published and presented more than 300 scientific works."
These are bald-faced lies. Yet, I placed my son at Bancroft at my
own expense based in part on this promotional literature.
While Camden
County Prosecutor Vincent Sarubbi found no criminality in Bancroft’s
treatment of Matthew Goodman, doesn’t the fact that the facility
knowingly and willingly had unlicensed, unqualified people
overseeing his treatment in the Lindens indicate intent to
harm?
The State of New
Jersey has thus far failed to take any action against this
individual and this facility. Until facilities such as Bancroft are
brought to task for having unlicensed professionals with fraudulent
credentials, there will continue to be such terrible tragedies as
the death of Matthew Goodman. Attorney General Harvey, you must
hand down criminal charges and/or convene a Grand Jury for
indictments or this matter will have to be handled on a Federal
level. Instead of catering to the influence of money, powerful law
firms, and lobbyists, the leadership of our state must insist that
justice be served for our most vulnerable children.
As this is a
matter of public record, this information is being widely
disseminated to the press
Sincerely,
Cynthia J. Allen,
DDS, MS
609-463-8448
cynthiaja@worldnet.att.net
Cc: Elaine L. DeMars, Managing Executive Director, Board of
Psychological Examiners
Carmen A. Rodriguez, Deputy Attorney General, Board of Psychological
Examiners
Board of Psychological Examiners:
Victoria W. Jeffers, PhD, Chair
Mark Glat, Psy.D, Vice Chair
Kenneth G. Roy, Ed.D.
Kenneth A. Leight, Ph.D.
Carole M. Harper, MA. RN, Public Member
Keith D. Cicerone, Ph.D.
T. Stephen Patterson, Ph.D., Government Member
Richard J. Codey, Acting Governor
James M. Davy, Commissioner of Human Services
Carol Grant, Acting Director, DDD
Barbara Goldman, Dept. of Health and Senior Services
Christopher J. Christie, US Attorney
Renee M. Bumb, Assistant US Attorney
Mark S. Gillen, Federal Bureau of Investigation
Congressman Frank A. LoBiondo
E. Drew Britcher, Esquire
Kevin Ryan, Child Advocate
John Ducoff, Director of Litigation, OCA
Ed Wisniefski, Investigator, OCA
Senator Thomas H. Kean, Jr.
Senator William L. Gormley
Senator Joseph F. Vitale
Senator Nicholas Asselta
Senator Paul Sarlo
Senator Robert Martin
Senator Nia Gill
Assemblyman Gibson
Assemblyman Gregg
Assemblyman Eric Munoz, M.D.
Assemblyman Jon M. Bramnick
Assemblyman William Payne
Assemblywoman Charlotte Vandervalk
Assemblywoman Loretta Weinberg
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