LITTLE ROCK, Ark. – A motion filed in Pulaski County Circuit Court on Tuesday asks the court to order a man just pardoned by President Donald Trump for federal charges to report to the Arkansas Department of Corrections.

The motion asks that Joseph Schwartz of New York serve an Arkansas sentence that came after a negotiated plea in Pulaski County court in May for Medicaid fraud. Schwartz at one time owned numerous nursing homes across the country, including in Arkansas, and was found guilty in federal court of a $38 million federal government fraud, including Medicaid fraud, leading to a 36-month federal prison sentence beginning in August.

Schwartz received a pardon from the president on Nov. 14.

Initially, the motion points out, Schwartz’s Arkansas prison term would be served concurrently with his federal prison term. By his federal term being cut short by the pardon, he has not yet met his state sentence obligation, the motion states, having served only 90 days in Arkansas custody before being transferred to federal custody.

The motion then continues that, based on sentencing guidelines for an inmate of Schwartz’s classification, he is still required to serve 31 days. He was originally sentenced to 12 months plus one day in the state, with the additional requirement to pay more than $1.8 million in restitution to the state and $2,000 in court fines.

“Defendant [Schwartz] must report to the Arkansas Division of Corrections for service of any remaining time, any reclassification, and any consideration for parole,” the motion states.

The motion asks that Schwartz report to ADC in seven days after a judge’s order is signed, advising the court that Schwartz is a flight risk who owes over $1 million to Arkansas and has substantial ties outside the United States.”

Jeff LeMaster, spokesperson for Arkansas Attorney General Tim Griffin, said that Schwartz still owes restitution to the state.

“Per his plea agreement on state felony charges of Medicaid fraud and tax evasion, Joseph Schwartz must serve 31 more days in an Arkansas prison before he is eligible for parole,” LeMaster said. “We filed a motion yesterday asking that he be ordered to report to the Arkansas Department of Corrections within seven days of the entry of the order to serve out the remainder of his sentence. In addition to his prison time, he still owes more than $1 million to the State in restitution and fees. We will ensure he fulfills all of his obligations to the State.”