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For Immediate Release:  
For Further Information:
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November 9, 2009

Office of The Attorney General
- Anne Milgram, Attorney General
Division of Criminal Justice
- Deborah L. Gramiccioni, Director
Office of the Insurance Fraud Prosecutor
- Riza Dagli, Acting Insurance Fraud Prosecutor

 

Peter Aseltine
609-292-4791

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Pharmacy Owner Sentenced to State Prison for 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 was sentenced to state prison today for his role in a scheme in which two pharmacies billed Medicaid for HIV/AIDS drugs that were never dispensed.

According to Acting Insurance Fraud Prosecutor Riza Dagli, Shahid Mahmood, 49, of Jersey City, a co-owner of MLK Pharmacy on M.L.K. Drive in Jersey City, was sentenced to three years in state prison by Superior Court Judge Kevin Callahan in Hudson County. He also was ordered to pay fines and restitution in the amount of $300,000. Mahmood pleaded guilty on June 11 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.

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, 55, 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. 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. On June 17, 2009, Judge Michael A. Petrolle sentenced Borges to three years in state prison and ordered him to pay fines, restitution and forfeiture in the amount of $762,000.

“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 Acting Insurance Fraud Prosecutor Riza Dagli. “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 Debra Conrad represented the Office of Insurance Fraud Prosecutor at the sentencing.

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. Acting Prosecutor Dagli 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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