A Former Marketing Firm and Pharmacy Sales Person Pleaded Guilty to Participation in Compounded Drug Prescription Conspiracy

A Former Marketing Firm and Pharmacy Sales Person Pleaded Guilty to Participation in Compounded Drug Prescription Conspiracy

Joshua Darstek admitted guilty to superseding information accusing him of a scheme to commit health care fraud.

Newark, New Jersey – United States Attorney Craig Carpenito reported that on 18th November 2020, an ex-marketing and pharmaceutical firm salesperson admitted guilty of his role and participation in a scheme to swindle the New Jersey State Healthcare benefits program

Joshua Darstek, from Freehold, New Jersey, age 38, admitted guilt to superseding information accusing him of a scheme to commit health care fraud. Joshua Darstek appeared before United States District Judge John Michael Vazquez by videoconference.

As per the court affidavits and attestations made in the court;

Compounding is a practice where a pharmacist or medical physician mixes, combines, or alters components of a drug to come up with medication tailored to the requirements of an individual patient. The FDA (Federal Drugs Administration) doesn’t authorize compounded medication and thus does not certify the potency, effectiveness, safety, or manufacturing standards of compounded drugs. Generally, a medical doctor may prescribe compounded medication when a Federal Drugs Administration authorized medication does not meet the health requirements of a certain patient.

From May 2014 to January 2016, Joshua Darstek worked as a salesperson on behalf of two compounded pharmacies and a marketing firm, mentioned in the superseding charge as the Compounding Companies. Joshua Darstek promoted and sold compounded medications to doctors, including wound, scar, and pain creams, and certain vitamins and supplements. The Compounding Companies reimbursed Joshua Darstek a percentage of the compensation payments they obtained from health care benefit programs for every drug prescription referral that he made to the Compounding pharmacies. Joshua Darstek engaged in a scheme that enrolled patients, the majority of whom had prescription drug insurance coverage under the New Jersey School Employee’s Health Benefits Program, to present medically unrequired prescriptions for compounded medications to the pharmacies. Joshua Darstek made doctors prescribe prescriptions for persons with whom they did not meet for purposes of establishing that a compounded drug prescription was medically required. 

The scheme to execute a health care fraud charge bears a maximum imprisonment sentence of ten years and a 250,000 U.S. dollars fine, double the loss or gain from the crime. According to his plea agreement, Joshua Darstek must forfeit 148,500 U.S. dollars in criminal returns and reimburse at least 594,639 U.S. dollars in restitution. Joshua Darstek’s sentencing was scheduled for 23rd March 2021.

United States Attorney Craig Carpenito applauded and acknowledged the special agents of the Federal Bureau of Investigation, under the instruction of the of Special Agent George M. Crouch Jr. in Charge in Newark, and the Defense Criminal Investigative Service, under the instructions of Acting Special Agent Patrick J. Hegarty in Charge for the Defense Criminal Investigative Service, for their relentless commitment in the investigations that led to 18th November 2020 guilty plea.

United States Assistant Attorney Bernard J. Cooney, Acting Chief of the Opioid Abuse Prevention and Enforcement Unit, represented the United States in the case.

Scheming to execute Health Care Fraud by swindling the Medicaid program, breaking the controlled Substances Act, or breaching the Anti-Kickback Statute is a serious crime. Individuals who commit these crimes violate the law and are severely penalized if found guilty of the charges. Once charged for health care fraud-related offenses, you must look for the best legal representation or help to protect and pursue your rights. Hire our highly proficient team of defense and criminal lawyers if you require the best legal representation, help, and advice, which will lead to attaining positive results for your matter. At Health Care Fraud Group, we consist of a highly experienced team of attorneys with numerous years of experience in handling Health Care Fraud related issues associated with the Federal Health Care Program; they are very knowledgeable about civil and federal cases. The defense lawyers are well recognized across the United States due to their excellent work and professionalism when dealing with health care fraud cases and inquiries. They are well furnished with previous knowledge of every aspect of Health Care fraud defense, medical, and legal issues.

Our offices are always open, and we are well-prepared and ready to commence your defense immediately. We are the most popular law firm because we are continually updating our practices and knowledge in order to act swiftly on your issue without the need for persistent legal consultations. We offer a safe and quick evaluation of your issue and act quickly to collect, acquire, and assemble the needed and key particulars about your matter in the government’s investigations. When hired, we will help you and your team come up with the right and best decision. Our highly proficient team of lawyers will assist and guide you throughout your case; you should evade facing a health care fraud investigation since there are many key mistakes. Also, we will offer you and your team with detailed legal assistance and defense in issues and investigations that are in charge and even those in other institutions or firms that cover the IRS and the FBI, and investigations and matters that are under the jurisdiction of the CMS, OIG, DHHS, DOJ, and DEA. We will further investigate potential health care fraud and assist keep both you and your career safe. Our qualified attorneys at the Health Care Fraud Group are conversant and clearly understand the need to prove innocence after the accusation of any crime. For any legal representation, advice, or help you may need, contact us at 888-402-4054.

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