The owner of a Brunswick senior housing complex is facing felony charges alleging financial crimes.
Amy McLellan, 61, was indicted Friday on two counts of misuse of entrusted property of a vulnerable person and theft. She owns the McLellan, an apartment complex for seniors that opened last year. Court records did not specify the value of the money or property involved, but indicate it was more than $10,000.
Few details about the case were available in the wake of the indictment, but the Brunswick Police Department confirmed it has been investigating McLellan since last year.
Amy McLellan
“I cannot say too much at this point other than we received a complaint last fall from the Financial Abuse Specialist Team at the Maine (Department of Health and Human Services) about alleged financial improprieties between McLellan and two of the residents at her elderly apartment facility in Brunswick,” Cmdr. Mark Waltz wrote in an email. “The investigation included witness interviews, execution of a search warrant and a review of financial records.”
Waltz said the department turned the results of its investigation over to the Cumberland County District Attorney’s Office, which presented the case to a grand jury. He did not respond to a request for more information. A copy of the search warrant was not immediately available. A spokeswoman for Maine DHHS declined to comment on the case, citing state law about the confidentiality of adult protective records. A spokesperson for the District Attorney’s Office also declined to say more about the case.
In the indictment, McLellan is accused of misusing property entrusted to her by David Fratus, resulting in a loss of more than $10,000. She is also accused of committing theft “by obtaining or exercising unauthorized control over a business loan, property of Norway Savings Bank, of a value more than $10,000, with the intent to deprive Norway Savings Bank of the property.”
The offenses allegedly took place between April 2016 and October 2017.
McLellan, who lives in Brunswick, declined to comment Tuesday when reached by phone.
“I would love to, but I don’t think I should,” she said.
Her lawyer, Kristine Hanly, provided a statement via email Tuesday evening.
“A contract dispute arose between Mr. Fratus and Ms. McLellan,” Hanly wrote. “Through their respective attorneys, they resolved the matter in civil court to the satisfaction of both parties. Accordingly, Mr. Fratus dismissed his civil complaint against Ms. McLellan. The mortgage held by Norway Savings Bank has been paid in full. It is unclear to me why the State is expending time and resources prosecuting Ms. McLellan in a matter that is civil in nature and has already been resolved to the benefit of all parties.”
McLellan is a registered nurse with an active license from the Maine State Board of Nursing. In 2016, she purchased a former nursing home on Cumberland Street in Brunswick and renovated it to become assisted living for people 62 years and older. She obtained financing for the project through Coastal Enterprises Inc., an economic development and financing agency in Brunswick, as well as Norway Savings Bank and the Granite State Development Corp., according to a CEI blog post.
The building is now 18 apartments, in addition to an owner’s residence. Documents submitted to the Brunswick Planning Board in 2016 describe a mix of units dedicated either to independent senior living or more intense congregate care. McLellan said in a 2016 interview with the Times Record that she would be the resident nurse on the property.
Entry fees at the McLellan are between $35,000 and $85,000, with monthly fees between $2,300 and $4,500, according to its website. Additional fees might apply for a second person in the apartment or a garage space. The monthly fee includes one meal a day, as well as amenities such as a fitness center and a community garden.
A background check showed McLellan does not have any other criminal record in Maine. The two charges are Class B crimes, punishable by up to 10 years in prison and a $20,000 fine. She will be arraigned Sept. 18 in Cumberland County Superior Court.
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