State v. Strimling

265 N.W.2d 423, 1978 Minn. LEXIS 1338
CourtSupreme Court of Minnesota
DecidedMarch 10, 1978
Docket47542, 47543
StatusPublished
Cited by52 cases

This text of 265 N.W.2d 423 (State v. Strimling) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Strimling, 265 N.W.2d 423, 1978 Minn. LEXIS 1338 (Mich. 1978).

Opinions

TODD, Justice.

Defendants Bertram M. Strimling and P. George Hedlund are longtime partners who have jointly owned and operated a number of business entities in the health care industry. As a result of an investigation into the books and records of the River Villa Conva[425]*425lescent Medicenter (River Villa), owned by defendants, both men were indicted by a Hennepin County grand jury. Strimling was charged with two counts of violating Minn.St. 609.465, and with two counts of violating Minn.St. 300.60. Hedlund was charged with one count on each of the same two offenses. The case was tried to a jury, which found defendants guilty on all counts. We affirm.

The criminal conduct for which Strimling and Hedlund were indicted arose primarily out of the operation of River Villa, a nursing home constructed by defendants in 1972. The nature of the offenses for which defendants were convicted requires that the structure of their business enterprises be set forth in substantial detail.

During the years of their association, Strimling and Hedlund have developed a cluster of closely related companies, the business purpose of which was to provide health care for the elderly. Together, defendants have owned and operated a number of nursing homes and several other companies which furnish support services to nursing homes. Both Strimling and Hed-lund were recognized as experts in the health care industry, having served on the Minnesota Board of Health and the Metropolitan Health Council respectively.

River Villa’s assets and physical plant were owned by 27th Avenue S. E., Inc., a business in which Strimling and Hedlund were the sole officers and stockholders. Rather than operate the home themselves, defendants leased it to Thornton Care, Inc., a nonprofit corporation which they had organized. The nominal officers of Thornton Care, Inc., were Donald Krietzman and Allan Hartkopf.1 These men served as administrator and assistant administrator of River Villa and were responsible for the day-to-day operation of the facility. Both Krietzman and Hartkopf had been employed by defendants for a period in excess of 10 years. They also owned and operated Minnesota Rentals, a firm which sold medical and other supplies to nursing homes.

Other entities also played a role in defendants’ scheme. Strimling and Hedlund were the sole owners of Health Maintenance Associates, a health-care consulting firm. The two also jointly owned the Washington Development Company, the Adams Development Company, and Taylor Electronics. The electronics firm provided telephone and television service to River Villa residents. In addition, Strimling, Hedlund, and Hartkopf were equal partners in the Jefferson Development Company and the Jackson Development Company.

The charges against defendants were grounded in their repeated practice of fraudulently extracting certain assets from the River Villa operation and diverting them to personal use. The grand jury and a trial jury found that this conduct violated two penal provisions of Minnesota law.

First, the value of the assets diverted by defendants ultimately appeared in River Villa’s books of account as artificially increased operating costs. River Villa’s inflated cost of doing business was in turn reflected in its mandatory report of costs to the Department of Public Welfare (DPW). This report, as required by Minn.Reg.' DPW 49 (hereafter Rule 49), played a key role in the prosecution of Strimling and Hedlund and requires a brief digression for additional explanation.

A large portion of nursing home patients in Minnesota cannot afford to pay for the care they receive. The DPW has therefore established a procedure pursuant to which nursing homes are reimbursed from welfare funds for the services they provide to low-income patients. Under the procedure, every nursing home in the state files an annual report which contains a figure representing the cost per patient per day of operating its facilities. Reimbursement to each home is made on the basis of its per diem cost figure. Thus, higher per diem costs result in an increased rate of subsidization, subject to a ceiling figure imposed by the DPW. The accounting practices to be fol[426]*426lowed in making the requisite cost calculations are set forth in Rule 49.2

The Rule 49 report submitted by River Villa to the DPW in 1974 was false as it contained the inflated costs generated by defendants’ fraudulent activities. The submission of knowingly inaccurate reports to governmental agencies is a criminal offense under Minn.St. 609.465, which provides:

“Whoever, with intent to defraud, presents a claim or demand, which to his knowledge is false in whole or in part, for audit, allowance or payment to a public officer or body authorized to make such audit, allowance or payment is guilty of an attempt to commit theft of public funds and may be sentenced accordingly.”

Strimling and Hedlund did not personally sign or file the report in question and for that reason could not be charged with a direct violation of § 609.465.3 Instead, the indictments treated defendants as aiders and abettors of the primary illegality and implicated them under the complicity provisions of Minn.St. 609.05, which provides in part:

“Subdivision 1. A person is criminally liable for a crime committed by another if he intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.
“Subd. 2. A person liable under subdivision 1 is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by him as a probable consequence of committing or attempting to commit the crime intended.”

The second statutory violation arising out of defendants’ operations is more straightforward. Minn.St. 300.60 provides:

“The diversion of corporate property to other objects than those specified in the recorded and published certificate, where injury to any individual results therefrom, the declaring of dividends when the profits are insufficient to pay the same or when the funds remaining will not meet the corporate liabilities, or any intentional deception of the public or individuals in relation to its means or liabilities, are felonies, and every person guilty of any one of them shall be punished by a fine of not more than $5,000 or by imprisonment in the state prison for not more than three years, or by both.”

The state contends that defendants’ diversion of River Villa’s assets to personal ends fell directly within the proscription of § 300.60.

The specific acts underlying the above-described offenses may be divided into two unrelated patterns of inculpatory conduct. The first concerns Strimling only and forms the basis for counts 1 and 2 of the consolidated indictment. The second scheme involves both Strimling and Hedlund and produced the joint charges against them contained in counts 3 and 4 of the indictment. In the interest of clarity, we will discuss the two sets of facts separately below.

Counts 1 and 2. During the development stage of River Villa, Strimling selected Puritan Textiles (Puritan), a subdivision of Pink Supply Company, to provide the interi- or furnishings for River Villa. This business association with Puritan generated illicit benefits to Strimling in essentially three ways:

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Bluebook (online)
265 N.W.2d 423, 1978 Minn. LEXIS 1338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-strimling-minn-1978.