In response to a complaint by a former New York State Department of Health employee that Novello used her departmental staff for personal purposes unrelated to her official duties, the New York State Inspector General launched an investigation and in January 2009 produced a report stating that while serving as Health Commissioner, she had routinely abused her authority over department personnel, "turn[ing] her staff at the Health Department into her personal chauffeurs, porters and shopping assistants during her seven-year tenure," and referred a criminal case against her to Albany County District Attorney David Soares. On May 11, 2009, Novello was charged with one count of defrauding the government, three counts of filing a false instrument, and 16 counts of theft of government services. At her arraignment by Judge Stephen Herrick, and represented by attorney E. Stewart Jones, she pleaded not guilty to all charges, but on June 26, 2009, in a plea deal with prosecutors, she pleaded guilty to one felony count of filing a false instrument involving a worker's duties in exchange for a light sentence and dropping the other charges. Her guilty plea was accepted by the court on August 13, 2009.