Nursing home funds used on designer suits, lingerie, spa service, complaint alleges
Boston 25 News, March 6, 2025
By Ted Daniel
A former Boston nursing home boss and two of his employees have been accused of embezzling $3 million dollars, according to a newly filed lawsuit in Suffolk County Superior Court. The allegations center around Tony Francis, the former administrator of the Edgar P. Benjamin Healthcare Center in Mission Hill, who was dismissed last year when a court ordered receiver was installed.
25 Investigates was the first to report on Francis’s departure and the nursing home’s financial troubles. The new lawsuit alleges that Francis misappropriated funds for personal expenses, including first-class, non-business travel to Europe, designer suits, spa services, cryptocurrency, and even lingerie.
In December 2024, 25 Investigates reported the historic nursing home’s previous administration left $772,000.00 in unpaid bills.
Francis allegedly used COVID-19 relief funds from the Paycheck Protection program to give himself a $700,000 bonus. Joseph Feaster, the court-appointed temporary receiver now overseeing the facility, played a key role in uncovering the alleged fraud.
“We’re talking about the misappropriation of federal and state dollars,” Feaster stated. He confirmed that the findings were provided to authorities in September of 2024.
He describes several of the allegations in the complaint as salacious.
“For instance, if one flies abroad and flies first class and buys two seats because they don’t want someone sitting next to them. When you have a person who is getting vacation pay for hours more than what the contract had,” Feaster stated in an interview with investigative reporter Ted Daniel.
The lawsuit further alleges that the former director of payroll and a former bookkeeper colluded with Francis to receive unearned wages. Feaster has been working to stabilize the Benjamin Healthcare Center and address its substantial debt.
Attempts to reach Tony Francis for comment via email were unsuccessful.
The allegations raise the possibility of criminal charges, though Feaster declined to comment specifically on that aspect, stating, “Potentially. That would be something I can’t speak to.”
Feaster said he is scheduled to update the court on the financial status of the Benjamin in April.
Edgar. P. Benjamin Healthcare Center v. Tony L. Francis, Ana Paula Almeida, and Cecilia Viera
Suffolk County Superior Court
Civil Action 2584-CV-0000595-BLS1
March 4, 2025
This document outlines the legal complaint filed by EPBHC against Tony Francis, Ana Almeida, and Cecilia Vieira, alleging various financial misconduct and breaches of duty. Here’s a breakdown of the key allegations:
Allegations Against Tony Francis:
- Cryptocurrency Scheme:
- Francis transferred $160,000 from EPBHC’s Resthaven account to his personal account, claiming it was for a cryptocurrency investment.
- He falsely claimed board approval.
- He later admitted to losing $100,000 and requested an additional $20,000 from EPBHC.
- No funds were ever returned.
- Personal Life Insurance Scheme:
- Francis used EPBHC funds to pay for his personal life insurance premiums, totaling approximately $226,000.
- Loan Scheme:
- Francis took out a $100,000 personal loan, deposited it into his account, and then wrote a $60,000 check to EPBHC, labeling it as a “loan.”
- He then submitted a reimbursement request, including a 12% interest fee, and received $188,000 from EPBHC.
- He then set up automatic payments from the EPBHC account to pay off his personal loan.
- He was reimbursed over 1 million dollars in 2023 for these types of “loans”.
- Control of the Board of Directors:
- Francis manipulated the board, removing members who questioned his financial practices.
- He terminated auditing firms to prevent scrutiny.
- He did not file form 990’s.
- He installed a bank manager to the board who would sign off on his cash withdrawals.
- He had the remaining board members approve his 12% interest scheme.
- Commingling Funds:
- He repeatedly mixed his personal funds with the organizations.
Allegations Against Almeida and Vieira:
- Payroll Scheme:
- They participated in a scheme to receive unauthorized bonuses, cash out unearned sick leave, and receive unearned pay increases.
- Almeida was the Director of Payroll and Human Resources.
- Vieira was the Accounts Payable Clerk.
- Almeida was also paid by EPBHC funds for work done for Aurora Health, a company owned by Francis and Tobasky.
Legal Claims: The complaint includes the following legal claims:
- Breach of Fiduciary Duty: Against all defendants.
- Conversion/Civil Theft: Against all defendants.
- Unjust Enrichment: Against all defendants.
- Civil Conspiracy: Against all defendants.
- Tortious Aiding and Abetting: Against all defendants.
Key Points:
The complaint alleges a pattern of fraudulent activity by Tony Francis and others, involving misappropriation of funds and manipulation of the board.