Wednesday, June 8, 2005

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SIX QUEENS PHARMACISTS, TWO REPUTED MOB ASSOCIATES AND FIVE ALLEGED DEALERS CHARGED IN $12.6 MILLION PRESCRIPTION DRUG DEALING RING; DEFENDANTS ALLEGEDLY CRIMINALLY DIVERTED OVER 25,000 VICODIN TABLETS A WEEK FOR STREET LEVEL SALE; SOME DEFENDANTS FACE UP TO 15 YEARS IN PRISON

Queens District Attorney Richard A. Brown, joined by Police Commissioner Raymond W. Kelly and State Commissioner of Education Richard P. Mills, announced today the filing of criminal charges against six Queens pharmacists, two reputed mob associates –- allegedly linked to the Bonnano, Gambino and Luchese organized crime families -- and five alleged dealers for criminally diverting over 25,000 Vicodin tablets a week for illegal distribution and sale to street level users.

According to the District Attorney, the defendants’ illicit operation allegedly grossed over $12.6 million in less than a year.

District Attorney Brown said, "The defendants allegedly plundered legitimate prescription drug supplies for their own benefit, criminally diverted prescription drugs for illegal sale and reaped illicit profits of over $12.6 million. The defendants mistakenly thought that their illegal activities were not being detected when, in fact, their telephone conversations were being intercepted and they were being investigated and targeted for arrest, prosecution and imprisonment.”

Police Commissioner Kelly said, “This ring was particularly notorious because it corrupted pharmacists in exploiting addicts in the sale of Vicodin at grossly inflated prices.”

State Commissioner of Education Mills said, “The State Education Department protects the public from illegal distribution of prescription drugs and regulates pharmacists and pharmacies in New York. I thank the investigators and staff from the Department’s Office of Professional Discipline together with the law enforcement agencies for their fine work in this investigation.”

District Attorney Brown noted that New York State Public Health Law requires pharmacists to dispense prescription drugs only by written prescription from a licensed physician, to place prescription drug tablets in containers labeled with a user’s name and address, to limit the amount of tablets provided to a user to a 30-day supply and to retain records of all written prescriptions for prescription drugs for five years.

The District Attorney said that it is alleged that the accused pharmacists failed to comply with the reporting requirements of the law and that his office has notified the New York State Education Department Division of Professional Licensing in Albany about the allegations against them. All face loss of their licenses if convicted.

District Attorney Brown said that the defendants have been variously charged with Criminal Sale of a Controlled Substance in the Fourth Degree; Criminal Diversion of Prescription Medications in the Third Degree and Conspiracy in the Fourth and Fifth Degrees. Some of them face up to 15 years in prison if convicted.

The District Attorney said that the investigation began last June when detectives assigned to the NYPD’s Narcotics Borough Queens received information about an illegal prescription drug ring on the streets of Whitestone, Queens near the Throgs Neck Bridge. Additional information was subsequently developed by detectives assigned to the NYPD’s Organized Crime Investigation Division.

Thereafter, the NYPD detectives, prosecutors assigned to the District Attorney’s Narcotics Investigation Bureau and investigators assigned to the State Department of Health, Bureau of Narcotic Enforcement and the State Education Department, Office of Professional Discipline launched a joint investigation.

The 11-month investigation involved thousands of hours of court-authorized electronic surveillance, extensive review of official state records and physical surveillance of various members of the alleged ring.

According to the charges, between June 1, 2004 and June 7, 2005 the defendants engaged in hundreds of separate transactions involving the sale and distribution of tens of thousands of prescription drug tablets.

It is further charged that the accused pharmacists sold Vicodin tablets obtained legitimately from suppliers to defendant Dominick Devito, a reputed mob associate, for $1 to $1.25 each, that Devito sold the tablets to dealers for $2 to $2.25 each. It is additionally charged that dealers sold the tablets on the street, in bars and at local colleges for $8 to $12.

The defendants include:

-reputed Bonnano, Gambino and Luchese crime family associates (1)Dominick Devito, 45, of 85-20 149th Avenue, Howard Beach and (2)Joseph Pisicchio, 24, of 32-23 200th Street in Bayside;

- pharmacists (1)Peter Grassi, 30, of 26-03 160th Street, Flushing of the Rite-Aid Pharmacy, 58-01 Queens Boulevard, Woodside; (2)Robert Duca Jr., 42, of 15 Glenwood Lane, Roslyn of the Utopia Pharmacy, 172-24 46th Avenue, Flushing; (3)Timothy Scutchfield, 45, of 2367 Cleveland Street, North Bellmore of the Utopia Pharmacy, 172-24 46th Avenue, Flushing; (4)Khader Syed, 74, of 79 Jefferson Avenue, Mineola, of the Shop-Wise Pharmacy, 105-23 Liberty Avenue, Ozone Park; (5)Farid Syed, 42, of 79 Jefferson Avenue, Mineola of the Shop Wise-Pharmacy, 105-23 Liberty Avenue, Ozone Park and (6)Alem Syed Junaid, 49, 16 James Street, New Hyde Park of the Apex Pharmacy, 271-08 Union Turnpike in New Hyde Park.

- dealers (1) Anthino Russo, 27, of 97-09 Linden Boulevard, Ozone Park; (2) Christopher Manta, 22, of 130-14 58th Avenue, Flushing; (3) Noah Gross, 21, of 209-16 23rd Avenue, Bayside; (4)Felix Mendez, 27, of 137-75 Geranium Avenue, Flushing and (5)Kimberly Vargas, 24, of 137-75 Geranium Avenue, Flushing.

According to the District Attorney, detectives executed court-authorized search warrants on Monday, Tuesday and earlier today at seven pharmacies. The pharmacies included: (1)the Utopia Pharmacy at 171-24 46th Avenue in Flushing; (2)the Shop Wise Pharmacy at 105-23 Liberty Avenue in Ozone Park; (3)the Linden Park Pharmacy at 82-43 153rd Street in Howard Beach; (4)the Rite Aid Pharmacy at 58-01 Queens Boulevard in Woodside; (5)the Apex Family Pharmacy at 271-08 Union Turnpike in New Hyde Park; (6)the Wakefield Pharmacy at 135-25 Lefferts Boulevard in Ozone Park and (7)the Rossi Pharmacy at 84-01 101st Avenue in Ozone Park.

District Attorney Brown said that detectives recovered over $60,000 in cash, 58 blank physician’s prescription pads containing hundreds of individual sheets, six handguns and tens of thousands of Vicodin pills along with small amounts of steroids, cocaine and amphetamine tablets.

The investigation was conducted by Detectives Gerry McNally and Keith Detrich the NYPD’s Narcotics Borough Queens, Narcotics Division under the supervision of Deputy Inspector John E. Essig and the overall supervision of Assistant Chief Anthony J. Izzo; Detectives Jack Iacovou and Andy Vallas of the NYPD’s Organized Crime Investigation Division under the supervision of Deputy Inspector Brian O’Neill and the overall supervision of Chief Douglas Zeigler of the Organized Crime Control Bureau; Narcotics Investigator Victor Zambrano of the Bureau of Narcotic Enforcement, New York State Department of Health and investigators of the New York State Education Department’s Office of Professional Discipline under the supervision of Director of Investigations Daniel Kelleher and the Director of the Office of Professional Discipline Louis Catone.

The case is being prosecuted by Assistant District Attorney Daniel S. Bresnahan of the District Attorney’s Narcotics Investigation Bureau under the supervision of Assistant District Attorneys Wilbert J. LeMelle, Bureau Chief, Karen J. Friedman, Deputy Bureau Chief, and Mark L. Katz, Supervisor, and the overall supervision of Executive District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for Investigations Linda M. Cantoni.

It should be noted that criminal charges are merely an accusation and that defendants are presumed innocent until proven guilty.