In a busy medical environment, prescription forgeries are commonly overlooked. Prescription pads were often swiped from the office by patients/employees and later turned up in pharmacies with forged signatures to pick up various controlled substances. But with more medical offices adapting electronic medical records prescriptions, the classic swiping of prescription pads is nulled.

Within the recent years, the Office of Medicaid Inspector General (OMIG) has identified an increasing number of fraudulent prescriptions paid for by New York State Medicaid that were printed on lost/stolen electronic medical record (EMR) paper.

Although the Bureau of Narcotic Enforcement (BNE) has implemented stringent regulations on printing prescriptions on Official New York State Prescription Paper, such as requiring the words “THIS PRESCRIPTION WILL BE FILLED GENERICALLY UNLESS PRESCRIBER WRITES ‘daw’ IN THE BOX BELOW,” be imprinted on each sheet to prevent forgeries, an employee with access to the patient’s records can easily adjust the chart and forged the prescription.

This comes as no surprise, since the “street value” of diverted prescription drugs are high due to a high demand. For example, a single 4mg of Dilaudid, a highly regulated painkiller can sell for at least $60 on the street.

Prescription forgery is a crime, whether it is done in the old fashion way or electronically. According to Section 170.10 of the New York Penal Code, prescription forgery when done intentionally and willfully to defraud, is a class D felony, which is punishable by no more than 7 years.

If you have reason to believe that OMIG is conducting an investigation on you or your medical office for prescription forgery, then call our office at (212) 577-6677 to receive legal professional advice.

Elder abuse is the intentional acts by a caregiver or a “trusted” individual that lead to, or may lead to, harm of a vulnerable elder. Police and prosecutors define elder abuse as any crime or violation involving a victim who is sixty years of age or older.  There are many forms of elder abuse, but the most prevalent and the most prosecuted form would be financial abuse.

Financial Abuse is financial exploitation of the elderly and it is shown through indications of misappropriations of an elder person’s money, property, or resources by a trusted individual or institution.  The alleged financial exploiter is usually identified as a close family member, relative, a friend, or a care provider.

In many instances, the alleged individual would have would have misused the trust gained by the elderly and may have persuaded the elderly to sign a durable power of attorney, which enables the individual to gain control of the elderly person’s income and assets for personal gain.

Within each county, an elder abuse unit is created to address the needs and concerns of older crime victims within that jurisdiction. The Elder Abuse Unit in New York usually works with the New York City Police Department, Adult Protective Services Agency (APS), the New York City Department for the Aging, medical professional and social services agencies, to led aggressive investigations and prosecutions of elder abuse crimes.

There is no specific definition of financial abuse/financial exploitation of an elderly person within the New York Penal Law. Instead, the defendant may face charges of Scheme to Defraud, Forgery, and Falsifying Records, for financial exploitation of an elderly person.

The investigations of Elder Abuse in New York should not be taken lightly. It is advisable for the alleged person to speak with an attorney at the onset of such investigations.

If you are recently being investigated or charged for Financial Exploitation then call our office at (212) 577-6677 to get professional legal assistance.

John J. Mofunanya, a tax-preparer based in New York City, was arrested and charged with one count of conspiracy, two counts of Forgery in the 2^nd Degree, and Criminal Possession of a Forged Instrument in the 2^nd Degree, for allegedly forging tax return and pay stubs to help  ineligible applicants obtain low-income apartments  from the City Housing Development Corporation.

Mofunanya was ultimately arrested after preparing a forged income tax return and pay stubs for an undercover investigator posing as an applicant for low-income housing. The investigator claimed that his reported income is $63,000 annually, which was well above the income limit. Mofunaya purportedly charged the undercover a fee and prepared a false tax return for the year 2009 which states that the applicant earned an annual salary of $31,500.

If convicted, Mofunaya faces a maximum sentence of 15 years in prison.

Dr. Cecilia Chang, the former Vice President for International Relations and the Dean of the Center of Asian Studies at St John’s University located in the Queens campus of New York City, was arrested and charged with a 205-counts of grand larceny, forgery, criminal possession of a forged instrument and falsifying business records in stealing more than $1 million from the University in various credit card reimbursement and charitable foundation schemes.

Following a 2009 internal audit by St John’s University officials of Chang’s travel and entertainment expenses, evidence revealed that Chang has been using the University’s credit card or the University’s reimbursements to fund her personal expenses of approximately $50,000/month.

Chang’s indictment further alleged that Chang has been paying for her son’s tuition to St John’s Law School with a Taishin Visa card, and requested reimbursement from the University while claiming that it was for business expenses.

Evidence also revealed that Chang has forged St John’s letterheads and emails to the Kingdom Foundation, an alleged charitable foundation of the Prince of Saudi Arabia, the purportedly appropriated $250,000 and attempted to appropriate another $550,000 from the foundation.

If convicted, Chang faces a maximum penalty of 25 years of imprisonment.

Alvaro Mora, a Sewage Treatment Worker for the New York City Department of Environmental (DEP) Protection was charged with one count of Criminal Possession of a Forged Instrument and one count of Offering a False Instrument for Filing alleged him of submitting a forged letter from his DEP supervisor to the New York City Department of Buildings (DOB).

In Mach 2009, Mora’s application for a Site Safety Manager’s license to the DOB was denied because he did not submit the required letters of recommendation from his supervisors. Mora resubmitted his application after allegedly forging a letter on behalf of his supervisor stating that Mora performed and supervised construction work at DEP.

It was further alleged that Mora had forged his supervisor’s signature and was ultimately investigated on after misspelling his supervisor’s name multiple times.

If convicted, Mora faces a maximum penalty of 11 years of imprisonment.

Alexander Everest, the chairman of Elite American Health Systems, a California based company with a branch in New York City has recently been charged with multiple counts of bribery, criminal possession of a forged instrument, offering a false instrument for filing, and giving unlawful gratuities, for offering bribes to Harlem Hospital’s official in an attempt to place recent medical school graduates in the hospital’s surgical residency program.

Elite American Health Systems offers consultations to medical school graduates to help them better and understand and secure hospital residency positions. However between March 17, 2010 and May 4, 2010, Everest allegedly submit four forged application materials for four potentially unqualified clients to the Department of Surgery at Harlem Hospital in efforts to secure them residency.

On the four applications, the four medical school graduates allegedly secure the residency position mostly because of Everst fraudulent efforts. The defendant fraudulently claimed that the four clients were part of a specialty program in a California hospital.

Everest also purportedly attempted to bribe the hospital employee with at total of $6000 shortly after submitting the applications.

If convicted, Everest faces a maximum sentence of more than 35 years in prison.

Marc Payen, a self-proclaimed New York State licensed immigration lawyer and immigration service provider for the United Nations, was arrested and charged with 23 counts of Grand Larceny, Forgery, Criminal Possession of a Forged Instrument, Scheme to Defraud and the Unauthorized Practice of Law. It was alleged that Payan took advantage of 6 Haitian immigrants by fraudulently offering and providing them immigration services in efforts to obtain them Temporary Protected Status (TPS) after a major earthquake in January 2010.

Between September 2009 and April 2010, Payen allegedly misrepresented himself to at least six immigrants that he was either an immigration attorney working for the United Nations, or a United Nations employee working in the immigration services department. But in actuality, Payen is neither a lawyer nor was he employed by the UN.

After a major earthquake in Haiti in January 2010, Payen puportedly reached out to most of his victims and offered them his assistance in filing their Temporary Protected Status, green cards and work permits for a fee of $1000 to $3000 each. Through his alleged misrepresentation, Payen defrauded approximately $12,500.

If convicted, Payen faces a maximum penalty of 104 years in State prison.

Ellen Lee, an expediter operating a liquor license corporation in Flushing, New York, pleaded guilty to one count of offering a false instrument for filing in the first degree, for filing forged and false applications with the New York State Liquor Authority (SLA).

Lee allegedly filed more than 170 fraudulent applications directly to the SLA’s offices in New York City by providing phony “Proof of Citizenship Affirmation,” forged attorney signatures and/or other inaccuracies.

If convicted, Lee faces a maximum penalty of 4 years of imprisonment.

Ygal Lalush, a former employee of S. Dahan Piping and Heating Corporation in Queens, New York, was arrested and charged with grand larceny, criminal possession of stolen property, forgery, falsifying business records, offering a false instrument for filing and scheme to defraud, for attempting to steal his employer’s business while the wife was overseas burying her husband and son.

In the event after Sara Dahan, widow of S. Dahan Piping’s owner, went to Israel to bury her husband and son, she left the company in temporary control of Lalush. Throughout Dahan’s departure, Lalush allegedly stole $30,000 from the company, changed all the locks at the business, and changed the business address to the defendant’s home address.

Lalush also purportedly created new bank accounts under S. Dahan Heating but constructed business under City Sewer Specialist while listing his home address as the company’s address.

If convicted, Lalush faces a maximum penalty of 15 years in prison.

Eric Goldstein, the owner and operator of GT Systems, was arrested and charged with insurance fraud, forgery, offering a false instrument for filing and fraudulent practices under New York State’s worker compensation law, for fraudulently underpaying approximately $25 million in premiums.

Goldstein operated 50 temporary staffing companies under GT Systems, which due to the employment size are required to hold workers’ compensation insurance through New York State Insurance Fund (NYSIF). However after 2000, NYSIF cancelled Goldstein’s policy for not paying their premiums.

Between 2003 and 2007, Goldstein allegedly falsified employee applications to NYSIF to deny any connections with GT Systems and Goldstein.

When Goldstein refused to allow audits of GT Systems’ companies’ payroll by NYSIF, NYSIF raised the companies’ premiums, to which Goldstein refused to pay. Goldstein purportedly cancelled these policies and opened a new company by lying about its relations to Goldstein to keep the premiums low.

If convicted, Goldstein faces a maximum penalty of 48 years in prison.