Derek Wilczynski of Blanco Wilczynski, PLLC, successfully defended a client accused of failing to perform background checks on behalf of a home health care agency in the Kalamazoo District Court. Mr. Wilczynski’s client had been accused of failing to perform background checks on four former employees of a home health care agency with which the client once had an affiliation. The Michigan Attorney General’s Office brought the charges claiming that, from 2008 to 2015, the client failed to conduct background checks on no less than four individuals who worked at the home health care agency, contrary to Michigan law. After the Assistant Attorney General closed her proofs and rested her case, Mr. Wilczynski moved for a directed verdict.

Kalamazoo District Court Judge, the Honorable Christopher Haenicke, granted Mr. Wilczynski’s motion on the grounds that the Assistant Attorney General failed to produce evidence that Mr. Wilczynski’s client knowingly and willfully failed to conduct the background checks. Mr. Wilczynski defended the case on the grounds that, while his client had been affiliated with the home health care agency at one point, (a) it was not the client’s duties and responsibilities to conduct the background checks and (b) even if there was evidence to indicate that the client was responsible for conducting the background checks, the Attorney General’s Office failed to produce evidence that the client knowingly and willfully failed to conduct the background checks.

Mr. Wilczynski’s client faced a possible penalty of one year in jail and/or a $5,000 fine on each count.