NEWARK, NJ - Saying he used a Jersey city doctor to prescribe pain compounds, former owner and pharmacist of the now-closed White's Pharmacy in Morristown, Robert Fazzini,  pleaded guilty on Aug. 4 by videoconference before U.S. District Judge Susan D. Wigenton to an
information charging him with one count of conspiring to violate the anti-kickback statute.

Fazzini admitted participating in a conspiracy to pay bribes and kickbacks for compounded pain creams, U.S. Attorney Craig Carpenito announced.

Fazzini, 53 of Succasunna participated in a bribe and kickback conspiracy stemming from ascheme to obtain millions of dollars in health benefits from the federal workers’ compensation program by prescribing and dispensing expensive compound pain creams. A Jersey City doctor prescribed compound pain creams for his patients, and a conspirator helped steer those prescriptions to White’s Pharmacy.

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In exchange for this arrangement, Fazzini routinely paid the conspirator bribes and kickbacks of approximately 50 percent of the reimbursement income White’s Pharmacy received for the pain cream prescriptions. Fazzini and the conspirator attempted to conceal some of these payments by having Fazzini write checks to a relative and different entities associated with the conspirator.

As part of his plea agreement, Fazzini agreed that the improper benefit conferred was between $500,000 and $1.5 million for the charged conspiracy to violate the federal anti-kickback statute.

The count of conspiracy to violate the federal anti-kickback statute is punishable by a maximum of five years in prison and a fine of $250,000, or twice the gross gain or loss derived from the offense, whichever is greater. Sentencing is scheduled for Dec. 8, 2020

 

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