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U.S. v. Peter Riccio, et al. Indictment

U.S. v. Peter Riccio, et al. Indictment

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Published by The Morning Call
Manhattan U.S. Attorney Announces Charges Against 10 Individuals In Multi-Million Dollar Internet Pharmacy Fraud Scheme, including Hellertown location
Manhattan U.S. Attorney Announces Charges Against 10 Individuals In Multi-Million Dollar Internet Pharmacy Fraud Scheme, including Hellertown location

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Categories:Types, Business/Law
Published by: The Morning Call on Nov 30, 2012
Copyright:Attribution Non-commercial

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12/04/2012

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UNTi'ED
SJ.'A.TBS
DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEW
YORK
--------------X
UNITED STATES OF AMERICA
-
v.
-
PETER
J.
RICCIO,
LENA
LASHER,
a/k/a
"Lena
Contang,"
JOHN NICHOLAS BURLING,
ROBERT
P.
IMBERNINO,
EDMOND
S.
KAPLAN,
TIMOTHY
KEAR,CHRISTOPHER
RILEY,
ADAM
RISOLIA,
GERGANA
CHERVENKOVA,
and
PAUL
GRYSZKIEWICZ,
Defendants.
----------------X
COUNT ONE
SEALED
INDICTMENT
12
Cr.
(NARCOTICS
CONSPIF~CY)
The
Grand
Jury
charges:
RELEVANT PERSONS
AND
ENTITIES
1.
At
all
times
relevant
to
this
Indictment,
PETER
J.
RICCIO,
the
defendant,
was
a
licensed
pharmacist
and
owned
and
operated
at
least
three
pharmacies,
one
in
New
Jersey
and
two
in
Pennsylvania
("Pharmacy-1," "Pharmacy-2," and "Pharmacy-3,"
collectively,
the
"RICCIO
Pharmacies").
2. At
all
times
relevant
to
this
Indictment,
LENA
LASHER,
a/k/a
"Lena
Contang,"
the
defendant,
was
the
"Pharmacist
in
Charge"
at
both
Pharmacy-2
and
Pharmacy-3.
 
3.
At
all
times
relevant
to
this
Indictment,
JOHN
NICHOLAS BURLING,
ROBERT
P.
IMBERNINO,
and
EDMOND
S.
KAPLAN,
thedefendants,
were
licensed
physicians, located
in
South
Carolina,
California,
and
New
York,
New
York,
respectively.
4.
At
all
times
relevant
to
this
Indictment,
TIMOTHY
KEAR,
CHRISTOPHER
RILEY,
ADAM
RISOLIA,
GERGANA
CHERVENKOVA,
and
PAUL
GRYSZKIEWICZ,
the
defendants,
and
others
known
and
unknown,
operatedwebsites (the
"Prescription
Websites")
on which
customers
ordered
controlled
and
non-controlled
substances,
the
dispensing of
which
required
a
valid prescription
(the
"Prescription
Drugs")
,
including,
but
not
limited
to,
Fioricet!
Soma
and
Ultram
(and/or
their
generic
forms),
all
of
which
are
pain
medications.
THE
INTERNET
PHARMACY
SCHEME
5.
From
at
least
in
or
about
2010, up
to
and
including
in
or
about
November
2012,
PETER
J.
RICCIO,
LENA
LASHER,
a/k/a
"Lena
Contang,"
JOHN NICHOLAS BURLING,
ROBERT
P.
IMBERNINO, EDMONDS.
KAPLAN,TIMOTHY
KEAR, CHRISTOPHER
RILEY,
ADAM
RISOLIA,
GERGANA
CHERVENKOVA,
and
PAUL
GRYSZKIEWICZ,
the
defendants,
and
others
known
and
unknown,
engaged
in
a
scheme
to
sell,
distribute,
and
dispense
Prescription
Drugs
over
the
Internet,
and
to
deliver
those
Prescription
Drugs
to
customers,
without
the issuanceof
validprescriptions. Specifically,
customers
received
Prescription
2
 
Drugs by
ordering
fr·om
the
Prescription
Websi
tes
without
ever
seeing
or
speaking
to
a
physician or
a
medical
practitioner,
rendering
the
prescriptions invalid.
Pharmacy
Scheme")
In
the
course of
the
scheme
(the
"Internet
a.
A
customer
would
visit
one
of
the
Prescription
Websi
tes offering certain
Prescription
Drugs
for
sale.
b.
The
Prescription
Websites
were
operated
by
various
individuals
and/or
companies
(the
"Website
Operators"),including
TIMOTHY
KEAR
and
CHRISTOPHER
RILEY,
thedefendants,
who
operated the
same company,
the
identity
of
which
is
known
to
the
Grand
Jury;
and
ADA.i"\1
RISOLIA!
GERGAl-JA CHERVEi-JKOVA,
PAUL
GRYSZKIEV·1ICZ
1
the
defendants,
and
others,
each
of
whom
operated
distinct
companies,
the
identities
of
which
are
known
to
the
Grand
Jury.
c.
On a
Prescription
Website,
the
customer
chose
which
Prescription
Drugs
he
or
she wished
to
orderr
andcompleted
an
online
medical
questionnaire
in
which
the
customer
was
asked
a
series
of questions regarding
his
or
her
medical
history.
The
questionnaires
on
the
Prescription
Websites
often
contained
"yes"
or
"no"
questions
and
required
the
customer
to
mark
a
"yes"
or
"no"
box
for the
appropriate
answer.
The
answers
to
these
questions
were
often
prepopulated with the
answer
that
did
not
disqualify
the
customer
from
receiving
the
Prescription
Drugs
that
he
or
she
3

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