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For Immediate Release:  
For Further Information:
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January 27, 2009  

Division of Criminal Justice
609-292-4791

Office of The Attorney General
- Anne Milgram, Attorney General
Division of Criminal Justice
- Deborah L. Gramiccioni, Director
Office of the Insurance Fraud Prosecutor
- Greta Gooden Brown, Insurance Fraud Prosecutor

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New York Man Charged with Medicaid Fraud

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TRENTON - Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that a New York man was indicted today for billing the Medicaid program for services he did not perform.

According to Insurance Fraud Prosecutor Greta Gooden Brown, Mark Darby, 40, of the Bronx, N.Y., was charged with second-degree health care claims fraud and third-degree Medicaid fraud.

The state grand jury indictment alleges that between Jan. 12 and Aug. 6, 2007, Darby, who was a behavioral services counselor for Innovative Specialists Inspirational Solutions, submitted timesheets to his employer containing false information. In submitting the false timesheets, Darby allegedly claimed that that he provided $4,173 worth of hourly behavioral assistance services to four Medicaid recipients when, in fact, he had not provided those services. ISIS suspected the fraud and referred the matter to the Office of Insurance Fraud Prosecutor for further investigation. ISIS fired Darby as a result of an internal investigation.

Detective Jessica Nelan and Deputy Attorney General Cynthia Vazquez were assigned to the investigation. Deputy Attorney General Vazquez presented the case to the state grand jury.

The indictment is merely an accusation and the defendant is presumed innocent until proven guilty. Under state law, second-degree crimes carry a maximum sentence of 10 years in state prison and a criminal fine of $150,000, while third-degree Medicaid Fraud carries a maximum sentence of three years in state prison and a criminal fine of $10,000.

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