Former Jersey City neurologist already facing prescription drug dealing charges indicted on new ones

May 22, 2012, 7:40 PM
By Michaelangelo Conte/The Jersey Journal

A former Jersey City neurologist facing trial on prescription drug dealing charges was indicted today on charges he wrote prescriptions while his license to practice medicine was suspended, officials said.

Magdy Elamir, 59, of Saddle River, was indicted today on the charges of health care claims fraud, Medicaid fraud, and unlicensed practice of medicine, Attorney General Jeffrey Chiesa announced.

Elamir, whose office was in the Journal Square area, was indicted on July 15, 2010 on three counts of Medicaid fraud conspiracy, as well as drug counts including drug distribution near a school and near public property, officials said.

After the 2010 indictment, Elamir was terminated from the Medicaid program on Nov. 19, 2009 and his license to practice medicine was temporarily suspended a month later, officials said.

The indictment filed today alleges that between Dec. 23, 2009 and July 22, 2011, Elamir wrote prescriptions for Medicaid beneficiaries or otherwise practiced medicine, causing pharmacies to submit claims for prescription drugs to Medicaid for reimbursement, officials said.

During the period cited in today's indictment, Elamir's license to practice medicine and authority to write prescriptions was suspended by the Board of Medical Examiners following an investigation by the Division of Consumer Affairs Enforcement Bureau, officials said.

The 2010 indictment alleged that between Jan. 1, 2007 and Oct. 20, 2009, Elamir conspired with others to submit fraudulent claims to Medicaid and received payments for medical examinations that had not been provided, officials said. That indictment also alleged Elamir conspired to write medically unnecessary prescriptions for Medicaid beneficiaries.

Finally, the 2010 indictment alleged Elamir distributed drugs by providing unnecessary prescriptions for Xanex and Percocet in exchange for cash payments.

Elamir is scheduled to go to trial on the 2010 charges on Sept. 11. His attorney could not be reached for comment today.

http://www.nj.com/hudson/index.ssf/20 ... sey_city_neurologist.html

Hudson County residents draw time for role in drug ring

Published: Tuesday, July 19, 2011, 3:00 AM
By Michaelangelo Conte/The Jersey Journal


Joseph Burkhart


Mark Cerello


Brian Kelly


Lauren Cardinale


Orlando Rosario

Four Hudson County residents are among five people sentenced yesterday for their roles in a Jersey City-based prescription drug ring that sold painkillers in Hudson, Monmouth, Morris, Ocean and Bergen counties, officials said.
?The illicit sale and abuse of addictive painkillers has been an increasing problem in our communities in recent years, posing a deadly threat to young people as well as adults,? said Attorney General Paula T. Dow. ?Today, five people who contributed to that threat were sent to state prison.?


Brian Kelly, 50, of Hoboken, was sentenced to six years in prison with three years of parole ineligibility for distributing Percocet and conspiring to commit health care claims fraud, officials said.

Mark Cerello, 28, of North Bergen, was sentenced to five years in prison with 20 months of parole ineligibility for distributing OxyContin, officials said.

Orlando Rosario, 47, of Jersey City, was sentenced to four years in prison for conspiring to distribute OxyContin, officials said.

Lauren Cardinale, 29, of Union City, was sentenced to three years in prison for distributing Percocet and conspiring to commit health care claims fraud, officials said.

Finally, Joseph Burkhart, 51, of Rutherford, was sentenced to five years in prison with 15 months of parole ineligibility for possessing and distributing Percocet, officials said.


All five were arrested as part of Operation MedScam and pleaded guilty last year. They were sentenced by Hudson County Superior Court Judge Kevin Callahan in Jersey City, officials said.

On July 6, Louis Lisi, 32, of Union City, pleaded guilty to leading a narcotics trafficking network, and Clifton Howell, 54, a doctor with an office in Jersey City, pleaded guilty to health care claims fraud.

Lisi faces up to 24 years in prison and Howell faces up to four, when they are sentenced by Callahan on Sept. 2.
Since October 2009, 35 people have pleaded guilty to charges stemming from Operation MedScam conducted by state investigators and Jersey City police. Another Jersey City doctor, Magdy Elamir, 58, of Saddle Brook, is scheduled for trial in September.

The network obtained fraudulent prescriptions and filled them at various pharmacies before selling them. One the street, one 30 milligram OxyContin pill sells for $10 to $20, while a 10 milligram Percocet sells for $5 to $8, officials said.

Jersey City doctor pleads 'not guilty' to trafficking prescription drugs

Updated: Monday, July 19, 2010, 2:14 PM
Michaelangelo Conte/The Jersey Journal

A neurologist with a Jersey City practice was arraigned this morning on a 12-count indictment charging him with pharmaceutical narcotics trafficking, Medicaid fraud scams and other offenses, officials said.

Dr. Magdy Elamir, 57, of Saddle River, wore a pale gray double breasted suit and stood with his hands clasped behind his back during the hearing, at which he was represented by Jersey City attorney Sam DeLuca.

A not guilty plea was entered on behalf of the soft-spoken doctor by Hudson County Superior Court Judge Kevin Callahan.

At then hearing, Deputy Attorney General Debra Conrad noted that Elamir's license to practice medicine was suspended in December by the state Board of Medical Examiners. Elamir, whose office is in the Journal Square area, is currently out on bail.

Authorities claim that between Jan. 1, 2007 and Oct. 20 last year, Elamir, a neurologist who practiced at 550 Summit Ave. in Jersey City, conspired with others to submit fraudulent claims to the Medicaid program for reimbursement and received payments for medical examinations that had not been provided.

Prosecutors say Elamir also conspired to write medically unnecessary prescriptions for Medicaid beneficiaries, thereby causing pharmacies to submit claims to Medicaid for the medically unnecessary drugs.

The indictment further states that Elamir distributed drugs by providing medically unnecessary prescriptions for Xanax and Percocet in exchange for cash payments within 500 feet of the Jersey City Public Library, a public building, and within 1,000 feet of St. Joseph's School.

The most serious charge against Elamir carries a maximum sentence of 10 years in state prison and fine of up to $150,000, officials said. Conrad said the state had no plea offer on the table at the time of today's hearing.

DeLuca had no comment after the hearing. Callahan set Sept. 15 for the next hearing in the Elamir case.

NOT that I know anything other than what's in the papers BUT all they said about Dr. Howell is that he didn't keep good records. Since he wrote prescriptions for painkillers they are looking into if the lack of record keeping was to cover up something. He was also my primary care physician and in my experience was always above board.

I am not commenting on if he's guilty or innocent but I DO KNOW that when the state pays for a sting operation the cost has to be justified by charging somebody with something.

2nd doctor's license suspended

Tuesday, December 15, 2009
By MELISSA HAYES
JOURNAL STAFF WRITER

The state Board of Medical Examiners has suspended a Jersey City doctor's license for his involvement in an illegal prescription drug ring.

At a Dec. 9 hearing, the board voted to temporarily suspend Dr. Magdy Elamir's license beginning Dec. 23. The state Attorney General's Office filed an emergency application Dec. 3 seeking immediate action by the board.

Elamir, a neurologist, and Dr. Clifton Howell, who also has an office in Jersey City, were arrested Oct. 20 as part of Operation MedScam.

"These two physicians allegedly did not conduct patient examinations or keep proper patient files, both serious violations of professional conduct," said David Szuchman, director of the Attorney General's Office's Division of Consumer Affairs.

"The board could not allow them to continue to see patients because of the clear and present danger to the public."

The doctors, who await trial on the criminal charges, are accused of giving patients unneeded medication simply by request.

The doctors wrote prescriptions for controlled pain relievers such as Percocet, the anxiety medicine Xanax, and other expensive medications, including Advair, an inhaler for asthma.

The patients paid the doctors in cash or used Medicaid, a state plan for low-income and disabled individuals.

Howell, 53, of West Orange, and Elamir, 56 of Saddle River, were both charged with second-degree distribution of a controlled dangerous substance, second-degree health care claims fraud and third-degree Medicaid fraud.

Howell voluntarily surrendered his license until the board holds a disciplinary hearing on his case in January. Elamir had refused to surrender his license.

Both temporary suspensions are open-ended and will remain in effect until the board decides to act again.

The state Board of Medical Examiners has suspended a Jersey City doctor?s license for his involvement in an illegal prescription drug ring.

The board held a hearing Dec. 9 and temporarily suspended Dr. Magdy Elamir?s license until it decides to take further action.

The state Attorney General?s Office filed an emergency application Dec. 3 seeking immediate action by the board.

Elamir, a neurologist, and Dr. Clifton Howell, who also has an office in Jersey City, were arrested Oct. 20 as part of Operation MedScam.

For full story:

http://www.nj.com/hudson/index.ssf/20 ... ends_license_of_jers.html

One of the doctors arrested was Dr. Magdy Elamir who figured prominently in Dateline NBC's special "On the Trail of Arms Merchants" which aired in '02 detailing the arrests of two Jersey City men, Mike Malik and Diaa Mohsen. They were caught in a Federal sting wherein they attempted to sell an arsenal of weapons including components of a nuclear bomb to undercover agents. Elamir owned an HMO that was "funded by Bin Laden" according to the feds and in turn Elamir skimmed money from the HMO to fund "terrorist activities". There is much more than can be told here but for sure it will come out again. It's an amazing story.

http://www.nj.com/hudson/index.ssf/20 ... y_hoboken_doctors_an.html

Two Jersey City doctors, a Jersey City and Hoboken pharmacist were among 13 people arrested for illegally distributing thousands of prescription pain pills.

"These defendants ripped off Medicaid and sold dangerous narcotics on the street, peddling black market pain pills such as OxyContin," Attorney General Anne Milgram said. "With these arrests, we have shut down their two-pronged criminal enterprise."


More in the original article.