SETTLEMENT AGREEMENT This SettlementAgreement is entered into thisNtO", of August 20l3,by and between the

United States of America, Department of Justice ("United States") acting through its United States Attorney's offrce for the District of connecticut and Dr. Avijit Mitra.

I. 1.


As a result of an investigation of Dr. Mitra, that began in or around January 2012

conducted by the United States Drug Enforcement Administration ("DEA"), the United States contends that Dr. Mitra wrote 12 prescriptions for Opana and one prescription for OxyContin, both Schedule II controlled narcotic substancesthat were issued in violation of the ComprehensiveDrug Abuse Prevention Control Act of 1970,21 U.S.C. et seq. (the "Act"), and regulationspromulgated under the Act ("DEA Investigation"). 2. Pursuantto 21 U.S.C. $ 8a2(c)(1)(A),the United Statescontendsthat Dr. Mitra is subject

to a civil penalty of up to $25,000for eachof the 13 allegedcivil violations. 3. Dr. Mitra denies the contentions of the United States and denies any violation of law,

liability, fault, misconduct or wrongdoing. 4. The parties have agreed to settle, compromise, and resolve all existing claims under

$ 8a2(c) of the Act that arise out of the DEA Investigation.


Terms and Conditions of this Agreement

In considerationof the mutual promises, covenants,and obligations set forth in this Settlement Agreement and for other good and valuable consideration as stated herein, the parties have agreed as follows:

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Dr. Mitra shall pay to the United States the sum of Forty-Five Thousand Dollars

($45,000.00) (the "Settlement Amount") in full settlement of the claims that were made or could have been made in connection with the DEA Investigation. The payment shall be made within thirty (30) calendar days of the execution of this Settlement Agreement. Payment shall be made by certified check, bank check or money order and the funds are to be sent to Joyce Seraphin,Financial Litigation Unit, United StatesAttorney's Office, 157 Church Street,25thFloor, New Haven,Connecticut06510. 2. In exchange for and in consideration of Dr. Mitra's compliance with this Settlement

Agreement, the United States agrees to settle and relinquish only those claims under 21 U.S.C. $8a2(cXlXA) and 21 U.S.C. $ (c)(b) which were or could have been discoveredduring the courseof the DEA Investigation. 3. 4. Dr. Mitra agreesto comply with the Act and the regulations promulgated under it. Dr. Mitra agrees that the costs incurred in connection with this matter shall be

unallowable for Medicare, Medicaid or other governmentreimbursements. 5. This Settlement Agreement excludes any civil, criminal or administrative claims arising

under Title 26, United StatesCode (Internal RevenueCode). 6. Dr. Mitra fully and finally releasesthe United States,its agencies,employees, servants,

and agents from any claims (including attorneys' fees, costs, and expensesof every kind and however denominated)related to the DEA Investigation. 7. Each party to this SettlementAgreement shall bear its own legal and other costs incurred

in connection with this matter, including the preparation and performance of this Settlement Agreement. 8. This Settlement Agreement, and the conditions contained herein, in no way prevents,

precludes, or prejudices the United States' right to enforce the Act and the regulations promulgated

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thereunder by commencing a civil, criminal, or administrative action against Dr. Mitra for any violations of the Act which Dr. Mitra engages in after the date of execution of this Settlement Agreement 9. This SettlementAgreement shall be governed by the laws of the United States. The parties

agreethat the exclusive jurisdiction and venue for any dispute arising under this Agreement shall be the United StatesDistrict Court for the District of Connecticut. 10. This document contains the complete agreement between the parties, ffid cannot be amended,except in writing and signed by all signatoriesto this SettlementAgreement. 11. Dr. Mitra hereby waives any defense based on the Double Jeopardy clause of the

constitution to a related criminal prosecution,or to a civil or administrative proceeding. 12. Dr. Mitra acknowledges he has consulted with counsel, read this Settlement Agreement

and understands that as of the date of its execution, it will be a matter of public record. 13. Each person who signs this SettlementAgreement warrants that he or she is duly authorized to do so. 14. This Settlement Agreement shall become final and binding only upon signature by each party hereto. AVIJIT MITRA. M.D.


rt'rr---',4*a "r, Dr. Avijit Mitra
Assistant U.S.Attorney Districtof Connecticut

Dated: il ts l/v,


Attomey fo,rthe United States

la Dated:7ltzl

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