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For Immediate Release:
For Further Information:
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February 23, 2010

Office of The Attorney General
- Paula T. Dow, Attorney General
Division of Criminal Justice
- Stephen J. Taylor, Director
Office of the Insurance Fraud Prosecutor
- Riza Dagli, Acting Insurance Fraud Prosecutor

Peter Aseltine
609-292-4791

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Essex County Pharmacy Owner Pleads Guilty in Medicaid Fraud Investigation
Medicaid program billed for expensive HIV/AIDS prescriptions never dispensed

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TRENTON - Attorney General Paula T. Dow and Criminal Justice Director Stephen J. Taylor announced that the owner of a Newark pharmacy pleaded guilty today in connection with an investigation into pharmacy owners and employees who bought completed prescription forms for HIV/AIDS drugs from indigent patients so Medicaid could be billed for drugs that were never actually dispensed.

According to Acting Insurance Fraud Prosecutor Riza Dagli, Nwala Gabriel, 49, of Piscataway, pleaded guilty to a charge of third-degree Medicaid fraud before Superior Court Judge Michael A. Petrolle in Essex County. The charge was contained in a state grand jury indictment obtained by the Office of the Insurance Fraud Prosecutor’s Medicaid Fraud Control Unit on Oct. 26, 2009.

In pleading guilty, Gabriel, the owner of Harrison Pharmacy on Martin Luther King Boulevard in Newark, admitted that he fraudulently billed Medicaid for prescription drugs that were never dispensed to the Medicaid beneficiaries.

The state will recommend that Gabriel be sentenced to three years of probation. In addition, the state reserves the right to recommend that he be sentenced to up to 364 days in the county jail as a condition of the term of probation. Gabriel must pay restitution and a penalty totaling $178,272 and will be excluded from the Medicaid program for three years. He must surrender his license to practice pharmacy for a minimum period of three years or until he successfully completes all terms of his criminal sentence.

Judge Petrolle scheduled sentencing for Gabriel for April 5. Deputy Attorneys General Sherry Wilson and Debra Conrad took the guilty plea for the Office of the Insurance Fraud Prosecutor.

Gabriel was charged as a result of Operation PharmScam, an ongoing investigation targeting Medicaid fraud that began in 2008 and has been conducted by OIFP’s Medicaid Fraud Control Unit, the Jersey City Police Department and the U.S. Food and Drug Administration’s Office of Criminal Investigations.

On Oct. 26, 2009, a total of 10 defendants, including Gabriel, were indicted as a result of the investigation into pharmacies that were buying prescriptions from patients and billing the Medicaid Program for medicines that were never dispensed. A full list of defendants charged is in the Oct. 26, 2009 press release.

On Jan. 19, two technicians at Pharmacy of America who were indicted, Jannah Rasheedah Amatul Muid and Alicia Stephens, pleaded guilty to third-degree Medicaid fraud.

The investigation has been conducted for the Medicaid Fraud Control Unit by Detective Danielle Han, Detective Joseph Jaruszewski, Detective Jacqueline Latty, Detective Kevin Gannon, Sgt. Fred Weidman and Sgt. James Wrightson. Deputy Attorneys General Sherry Wilson and Debra Conrad are leading the prosecutions, with assistance from Deputy Attorney General Erik Daab, who is Deputy Chief of the Medicaid Fraud Control Unit, and Deputy Attorneys General William Hoyman, Cynthia Vazquez, Linda Rinaldi and Carol Stanton Meier.

The Medicaid program, which is funded by the state and federal governments, provides health care services and prescription drugs to persons who may not otherwise be able to afford such services and medicines. The State of New Jersey administers the Medicaid program through the Division of Medical Assistance and Health Services and through the Office of the Insurance Fraud Prosecutor’s Medicaid Fraud Control Unit, which investigates both criminal and civil Medicaid fraud and abuse in that program.

Anyone with information about fraud or abuse involving the Medicaid program or Medicaid providers is urged to call the Medicaid Fraud Control Unit toll free at 1-877-55-FRAUD or report it online at www.NJInsuranceFraud.org. All information received will remain confidential.

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