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For Immediate Release:  
For Further Information:
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June 11, 2009  

Peter Aseltine
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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Pharmacy Owner Pleads Guilty to Billing Medicaid for HIV/AIDS Prescriptions Never Dispensed

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TRENTON - Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that a Jersey City pharmacy owner pleaded guilty today for his role in a scheme in which two pharmacies billed Medicaid for HIV/AIDS drugs that were never dispensed.

According to Insurance Fraud Prosecutor Greta Gooden Brown, Shahid Mahmood, 49, of Jersey City, a co-owner of MLK Pharmacy on M.L.K. Drive in Jersey City, pleaded guilty today before Superior Court Judge Kevin Callahan in Hudson County to an accusation that charged him with second-degree health care claims fraud.

An investigation led by the Medicaid Fraud Control Unit of the Office of Insurance Fraud Prosecutor revealed that MLK Pharmacy and Ampere Pharmacy on 4th Avenue in East Orange fraudulently billed Medicaid for hundreds of thousands of dollars in prescription drugs. Two men who owned Ampere and were co-owners with Mahmood of MLK Pharmacy previously pleaded guilty.

The state will recommend that Mahmood be sentenced to three years in state prison and be ordered to pay $216,220 in restitution and fines. He is scheduled for sentencing on July 23.

In pleading guilty, Mahmood admitted that between January 2005 and October 2007, he submitted fictitious bills to the Medicaid program claiming MLK Pharmacy dispensed HIV/AIDS medicines and other prescription drugs to customers, when in reality the drugs were never dispensed.

Previously, John Borges, 45, and Abdul Bari, 54, co-owners of MLK Pharmacy and Ampere Pharmacy, each pleaded guilty to second-degree health care claims fraud and third-degree filing a false or fraudulent New Jersey income tax return. In pleading guilty, they admitted they bought prescriptions for HIV/AIDS drugs from Medicaid participants for a small fraction of the cost of the drugs, and in turn billed Medicaid thousands of dollars without dispensing the drugs.

On Dec. 5, 2008, Judge Callahan sentenced Bari to three years in state prison and ordered him to pay $500,000 in fines and restitution.

Borges is scheduled for sentencing on June 17. The state will recommend that Borges also receive a sentence of three years in prison and be ordered to pay $750,000 in restitution, fines and forfeited assets.

“By defrauding the Medicaid program, this defendant not only stole tax dollars, he stole from a program dedicated to providing health care coverage for persons who otherwise could not afford it,” said Insurance Fraud Prosecutor Greta Gooden Brown. “Such cases are a priority for the Office of Insurance Fraud Prosecutor.”

Detective Kevin Gannon, Detective Joseph Jaruszewski and Deputy Attorney General Erik W. Daab were assigned to the investigation into this case. Deputy Attorney General Daab represented the Office of Insurance Fraud Prosecutor at the guilty plea hearing.

Sgt. James Wrightson and Deputy Attorney General Carol Stanton Meier were assigned to the asset forfeiture case for the Office of Insurance Fraud Prosecutor. The Jersey City Police Department also assisted in this investigation. Prosecutor Brown thanked the Jersey City Police Department for their valuable assistance.

The Medicaid program is funded by the state and federal governments. The State of New Jersey administers the Medicaid program through the Division of Medical Assistance and Health Services and through the Office of Insurance Fraud Prosecutor’s Medicaid Fraud Control Unit, which investigates both criminal and civil Medicaid fraud and abuse in that program.

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