The ousted former administrator of the Edgar Benjamin Healthcare Center has admitted to misusing federal funds given to the Mission Hill nursing home during the COVID-19 pandemic.
In a plea agreement dated Feb. 4, Tony Francis admitted to misappropriating more than $43,600 in COVID-19-era relief funds directed to the almost 100-year-old long-term care facility for the attempted purchase of another nursing home and paying off a personal loan.
The federal charges, brought in the U.S. District Court of Massachusetts, deal exclusively with federal funds received by the Edgar Benjamin and misappropriated by Francis, who led the facility for 10 years. Separately, he faces a civil suit alleging a much broader range of misused and stolen funds.
In late March 2020, at the start of the COVID-19 pandemic, Francis applied for and received a $159,900 loan for the Edgar Benjamin through the U.S. Small Business Administration’s Economic Injury Disaster Loan program, which the federal government uses to support nonprofits and small businesses when they face substantial economic injury. Funds through the program must be used for operations or regular expenses like paying for employee benefits, rent or utilities.
According to the charges brought against Francis by U.S. Attorney for the District of Massachusetts Leah Foley, he used the loan for a $160,000 down payment in a bid to buy a defunct nursing home in New Britain, Connecticut.
The purchase was made by Francis as an individual, not in his capacity as administrator of the Edgar Benjamin.
When that sale fell through, Francis was refunded $135,671.50 — the down payment minus attorney’s fees — which he returned to the Edgar Benjamin’s account. The remaining $24,328.50 in funds from the federal loan made to the Edgar Benjamin were never returned.
The transaction was not — and could not have been, by the Small Business Administration’s rules — approved by the board of the Edgar Benjamin.
Later,
in June 2023, Francis took out a personal loan of $100,000. Throughout
that year and the next, he used Edgar Benjamin funds to make payments on
the principal, interest and late fees for his loan. Those payments
totaled $19,327.21.
Under
the plea deal, Francis will pay back both the unreturned funds from the
Small Business Administration loan and the payments made to pay off his
personal loan — a total of $43,655.50.
Based on the charges, Francis also faces a maximum of 10 years’ imprisonment, a fine and a period of supervised release.
The agreement comes as Francis also faces a civil
suit by the court-appointed receivership that took over management of
the facility. The same court decision forced Francis from his leadership
role at the center amid allegations of financial mismanagement, which
left the center in danger of closure.
In
the lead up to the receivership, staff repeatedly went without wages.
Vendors who served the facility also went unpaid, sometimes cutting off
ties with the nursing home in response.
That
suit, filed in Suffolk County Superior Court in March 2025, alleges
Francis stole and embezzled over $3 million from the center during his
10-year stint as its administrator, including through improper charges
on a company credit card and orchestrating fraudulent bonuses and
vacation time.
The
suit is aimed at recouping some of the center’s funds, said Roxbury
attorney Joseph Feaster, the court-appointed receiver, when he announced
the civil case last year. He added that the receivership also submitted
information about Francis’ alleged financial dealings to state and
federal law enforcement agencies.
Feaster
declined to comment on the status of the civil suit, pending a hearing
in the federal criminal case, scheduled for Feb. 25.
That suit is ongoing, but the Superior Court would like to see the case resolved before the receivership is set to end
later this month, said Judge Christopher Belezos, who has overseen the
receivership. The culmination of the receivership is set to follow the
sale of the Edgar Benjamin to Allaire Health Services, a for-profit
longterm-care operator, that is buying the facility and its operations
in a $6.5 million deal.
The
sale was expected to close at the start of February but was delayed
pending due diligence work by Allaire. The New-Jersey-based company
currently owns and operates 23 long-term care facilities in New Jersey,
Pennsylvania and Vermont.
Feaster
hopes the sale will close before the Edgar Benjamin receivership
returns to court Feb. 24, in what is expected to be its final status
conference before the receivership is slated to end.