Vincent
A. Esposito, 54, of Madison, who has an
office at 322 Main Street in Madison, was
arrested yesterday by the New Jersey Division
of Criminal Justice and the U.S. Drug Enforcement
Administration (DEA). The arrest came after
special agents of the DEA and detectives
of the Division of Criminal Justice executed
a search warrant at the doctor’s office.
Esposito was charged by complaint with distribution
of a controlled dangerous substance and
conspiracy, both in the second degree. The
charges stem from an ongoing investigation
by the DEA and the Division of Criminal
Justice Gangs & Organized Crime Bureau.
The Madison Borough Police Department and
the Morris County Prosecutor’s Office
provided assistance.
“The
abuse of prescription painkillers is becoming
a deadly national epidemic, with 40 Americans
dying each day from these narcotics,”
said Attorney General Chiesa. “For
a doctor to indiscriminately prescribe dangerous
addictive pills for personal profit, as
we allege in this case, is both a serious
crime and a shocking betrayal of professional
ethics.”
“Our
joint investigation with the DEA is ongoing,”
said Stephen J. Taylor, Director of the
Division of Criminal Justice. “We
have made it a priority to detect and prosecute
the doctors, pharmacists, drug dealers and
other criminals who profit from the vast
black market for prescription pain pills
that exists in New Jersey.”
Brian
R. Crowell, Special Agent in Charge of the
DEA New Jersey Division stated, “This
is an educated medical professional, who
violated his oath to his patients, despite
all the public awareness campaigns in New
Jersey identifying the dangers of diverted
pain medicine and the harm and pain they
cause in our communities. The defendant
is a prime example of the problems fueling
our drug threat in the region, and we are
relieved he is out of business.”
For
nearly a year, the DEA has been investigating
allegations that Esposito was selling prescriptions
for OxyContin and other forms of oxycodone,
the generic name of the narcotic in OxyContin,
to people he did not treat or examine, and,
in some cases, never saw at all. The investigation
was joined by the Division of Criminal Justice,
which will prosecute the case.
During
the investigation, Esposito allegedly wrote
prescriptions for oxycodone for confidential
informants and undercover agents of the
DEA in exchange for cash on at least eight
occasions. In each instance, Esposito failed
to perform any medical exam prior to providing
the prescriptions.
In
the case of the confidential informants,
Esposito wrote prescriptions for 120 pills
of 30 milligrams. Thirty milligrams is considered
a high dose of the potent narcotic painkiller.
He allegedly provided the undercover agents
with prescriptions for 30 or 60 pills of
30 milligrams. Esposito also allegedly provided
individuals who visited his office with
oxycodone prescriptions written for other
individuals who never visited the office.
It is alleged that Esposito typically charged
$90 to write an oxycodone prescription for
120 pills of 30 milligrams.
Esposito
was lodged in the Morris County Jail with
bail set at $75,000.
Under
New Jersey law, second-degree crimes carry
a sentence of five to 10 years in state
prison and a criminal fine of up to $150,000.
The
complaint is merely an accusation and the
defendant is presumed innocent until proven
guilty. Because the charge is an indictable
offense, the case will be presented to a
state grand jury for potential indictment.
After
his arrest, Esposito surrendered his federal
registration to write prescriptions for
controlled dangerous substances.
In
addition, Thomas R. Calcagni, Director of
the New Jersey Division of Consumer Affairs,
has issued an emergent order immediately
suspending Esposito’s New Jersey CDS
registration. This summary order represents
the first such action under the powers granted
by the New Jersey Legislature to the Director
to ensure the public safety and welfare
where CDS prescribing is concerned. Director
Calcagni said, “Because the danger
of indiscriminate prescribing of highly
addictive narcotics is so inimical to the
public health and safety, I have taken this
extraordinary step to ensure that Dr. Esposito
will do no further harm to the people of
the state of New Jersey.”
The New Jersey Board of Medical Examiners
has been informed of the arrest and will
be considering additional action with regard
to Esposito’s medical license in New
Jersey.