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CHICAGO � A federal court in Chicago sentenced a former Siemens AG subsidiary attorney to four years of probation with electronic monitoring for her role in facilitating a joint venture fraud by the company in 2000 and lying to the FBI about the matter. The in-house lawyer, Ellen Roth, pleaded guilty last year to drafting documents that falsely represented a Siemens Medical Solutions USA joint venture as being a minority-owned business eligible to bid for a $49 million Cook County Hospital contract in Chicago when it was in fact not a qualified bidder. She ultimately admitted lying to the FBI on the eve of a trial in the U.S. District Court for the Northern District of Illinois. Federal prosecutor Barry Miller asked U.S. District Judge John W. Darrah at a hearing yesterday to impose the 60-month prison sentence suggested by federal sentencing guidelines, telling the judge that the public attention to the case would be a deterrent to other such conduct. While Darrah said he agreed that the case could serve as a deterrent, he rejected the recommendation for prison time. Roth’s attorney Michael Monico told the judge that Roth simply hadn’t had the strength to walk away from the fraud because she was the main breadwinner for her husband and children and the provider of healthcare benefits for the family. She had led an “unblemished life” up until the incident and was unlikely to ever appear again as a criminal defendant, he said. Roth, 62, told the judge that her conduct was “an aberration � a terrible thing” for which she was embarrassed and remorseful. Monico, a lawyer with Chicago-based Monico, Pavich & Spevack, was pleased with the outcome, saying Darrah came to a “fair sentence.” Roth must also pay a $12,500 fine, perform 200 hours of community service and continue counseling she has been receiving. “It was in keeping with the nature of the offense and the defendant’s background,” Monico said. Miller declined to comment. Daniel Desmond, another Siemens executive involved in the fraud who pleaded guilty to perjury, was also sentenced to four years probation and a smaller fine of $10,000.

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