Bend adult foster care home inquiry leads to 72 charges
Published 12:00 am Wednesday, June 25, 2014
An investigation into theft reported by a resident of a Bend adult foster care home has resulted in 72 charges for defrauding the state and has led to the arrest of the home’s owner and her granddaughter.
Charging documents filed in Deschutes County Circuit Court in late May outline the allegations against Constance Marie Herrera-Firkus, 66, Lorisa Firkus, 24, and Michael James Gardner, 27, Lorisa Firkus’ husband.
A probable cause affidavit filed in the case indicates it began with an investigation by Adult Protective Services into a complaint that money had been stolen from a resident of one of two Holden Homes facilities owned and operated by Herrera-Firkus. Instead, investigators discovered Herrera-Firkus had been employing her granddaughter, Lorisa Firkus, a convicted felon legally barred by the state from working in such facilities.
Firkus, who was still on probation for a conviction for first-degree theft in 2009, has been held at the Deschutes County Jail since June 3.
Investigators discovered Firkus had been using her cousin’s name to elude detection by authorities, and that Firkus and Herrera-Firkus both submitted official documents to authorities using the assumed identity.
On a November 2013 visit to one of the facilities, licensers with the state Department of Human Services observed someone they later learned was Firkus running out the back door. The resident manager later told the licensers Firkus had been working full time using her cousin’s identity with her grandmother’s knowledge, and that employees had been instructed to call her by the cousin’s name if anyone from the state visited.
In January, the licensers visited again, and Firkus introduced herself using her cousin’s name and presented a CPR certification card bearing the cousin’s name.
Firkus eventually admitted in February to the investigators that she worked at the facility, though Herrera-Firkus continued to insist she did not, the affidavit states.
Because state law requires a criminal background check that would disqualify Firkus from working at an adult foster care facility, prosecutors contend it was a criminal act for the facility to accept state payments while she was working there. Herrera-Firkus received more than $300,000 in Medicaid payments from the state Department of Human Services between October 2010 and May 2014.
Firkus was paid more than $47,000 over four years working for her grandmother, the affidavit states, while collecting $185 a week in unemployment and $200 to $443 per month in food stamps during much of that time. Firkus did not report her income or pay taxes and would have been disqualified from receiving unemployment and food stamps benefits had she done so.
In late May, a grand jury indicted Firkus, Herrera-Firkus and Gardner on a total of 72 charges.
Several of the charges apply to more than one defendant; Herrera-Firkus faces charges of making a false claim for health care payment and aggravated theft by deception, Firkus for identity theft, unlawfully obtaining pubic assistance and tax evasion, and Gardner for tax evasion and unlawfully obtaining supplemental nutrition.
No charges have been filed in connection with the original theft claim that started the state’s investigation.
Firkus is scheduled to enter a plea to the charges July 10, Herrera-Firkus on Thursday and Gardner on Friday.
— Reporter: 541-383-0387, shammers@bendbulletin.com