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U.S. v. Tighe

Hospital Is Awarded Restitution as Victim of Fraudulent Sale of Contaminated Products

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MEMORANDUM OPINION

*1 On July 14, 2017, defendants Gerald Tighe and Stephen Kalinoski each pled guilty to a one-count superseding information that charged them with conspiracy to commit wire fraud. ECF No. 88. At sentencing, on December 19, 2017, the Court gave each defendant the same non-custodial sentence: four years of probation (with special conditions, including six months of home confinement), property forfeiture, and a special assessment of $100.00 — a significant downward departure, for each defendant, from the ranges of imprisonment recommended by the Federal Sentencing Guidelines. ECF Nos. 115, 118. Although the defendants did not oppose restitution prior to sentencing or at their sentencing hearings, the Court reserved decision as to restitution at that time, and a hearing on restitution was scheduled for February 16, 2018. The stated purpose of the hearing was for the Court to better understand the basis for the specific amount of restitution being requested by Yale-New Haven Hospital (“YNHH”), one of the victims of the defendants’ fraud. Two weeks before the hearing, however, the defendants filed letters opposing in full the restitution requested by YNHH. ECF Nos. 127, 129. As indicated on the record at the February 16 hearing, and for the reasons outlined below, the Court will impose restitution in the full amount requested by YNHH.*2

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