by New Jersey Attorney General Matt Platkin’s Office
TRENTON – Acting Attorney General Matthew J. Platkin and the Office of the Insurance Fraud Prosecutor (OIFP) today announced criminal charges against a medical staff member and three other individuals allegedly operating an opioid distribution network from a physician’s office in Morris County.
The charges are the result of an investigation led by OIFP’s Medicaid Fraud Control Unit (MFCU) and the Parsippany Police Department, in conjunction with the Division of Consumer Affairs.
All four individuals were charged Wednesday with third-degree conspiracy and third-degree obtaining a controlled dangerous substance by fraud in connection with an alleged scheme to illegally distribute opioids obtained through forged prescriptions purportedly written by Dr. Leslie Feigin, a geriatric medicine practitioner in Denville.
They are:
- Rachel Welch, 36, of Lake Hiawatha, an employee in Feigin’s medical office. Welch is also charged with three counts of forgery and four counts of distribution of CDS, all in the third-degree.
- Kevin Jarvis, 35, of Lake Hiawatha, who allegedly used Welch’s position at the medical practice to facilitate the illegal transactions. Jarvis is also charged with three counts of forgery and four counts of distribution of CDS, all in the third-degree.
- Edward Williams, 34, of Netcong and Dylan Matus, 23, of Maywood, who allegedly purchased opioids in the scheme.
Feigin was not criminally charged in the scheme, but as a result of the investigation, the State Board of Medical Examiners permanently revoked his license to practice medicine in New Jersey.
“Medical office employees who use their trusted positions to divert prescription opioids for sale on the street pose an grave risk to public health and undermine statewide efforts to combat the addiction epidemic in New Jersey,” said Acting Attorney General Platkin. “The charges announced today send a clear message that we are committed to shutting down illegal CDS pipelines into our communities and holding accountable anyone involved in the trafficking of dangerous, habit-forming prescription medications.”
“Our Medicaid Fraud Control Unit is charged with investigating and prosecuting illegal activities involving Medicaid providers and their offices, including the unlawful diversion of prescription drugs,” said Insurance Fraud Prosecutor Tracy M. Thompson. “The defendants in this case allegedly conspired to use a physician’s office as an illegal, money-making pill mill for their own personal gain, a venture that exposed the public to risks of addiction, overdose, or death. They are now facing the consequences of their alleged conduct in this unlawful scheme.”
The illegal opioid distribution network was discovered during an investigation opened after a tip that Feigin was engaged in the indiscriminate prescribing of opioid medications. The investigation revealed that Welch, who is not a licensed medical provider, conspired with her co-defendants to unlawfully forge and submit electronic prescriptions for Oxycodone purportedly authorized by Feigin. Records obtained in the investigation corroborated text message evidence with respect to separate and distinct transactions wherein Welch would either submit an opioid prescription in her own name or for another person, and then would work with Jarvis to pick up and distribute the contents of the prescriptions into the community. The proceeds of the transactions would then be exchanged by Jarvis and Welch via a mobile cash app.
According to the charges filed, four illegal transactions took place between May 2020 and August 2021. They are:
- A May 6, 2020 transaction wherein Welch submitted a forged, fraudulent prescription for 60 Oxycodone pills to a pharmacy in Williams name at the request of Jarvis. Williams then picked up the prescription and presumably paid Jarvis street value for the pills. Jarvis then paid Welch $525 via a mobile payment app.
- A February 18, 2021 transaction wherein Jarvis sold pills obtained via a forged, fraudulent Oxycodone prescription submitted by Welch and then paid her $500 via a mobile payment app.
- A May 14, 2021 transaction wherein Jarvis sold pills obtained via a forged, fraudulent Oxycodone prescription submitted by Welch, and then paid Welch $900 via a mobile cash app.
- A July 7, 2021 transaction wherein Welch submitted a forged, fraudulent prescription for 90 Oxycodone pills to a pharmacy in the name of Matus at the request of Jarvis. Matus picked up and signed for the prescription. Welch then sent Jarvis $40 via a mobile cash app which was to partially cover the cost the pharmacy charged for the prescription, according to text messages.
Welch, Williams and Matus were charged by complaint summonses and were processed and released. Jarvis was taken into custody and is being held in the Morris County Jail pending a detention hearing.
The charges are merely accusations and the defendants are presumed innocent until proven guilty. Third-degree crimes carry a sentence of three to five years in prison and a fine of up to $15,000, and fourth-degree crimes carry a sentence of up to eighteen months in state prison and a criminal fine of up to $5,000.
Although the criminal investigation did not give rise to charges against Feigin, it did provide the basis for administrative allegations on the part of the Division of Consumer Affairs that he engaged in gross and repeated negligence, professional misconduct, and violations of the provisions of several statutes and/or regulations administered by the Board of Medical Examiners, including that he indiscriminately prescribed CDS and failed to perform required checks of the New Jersey Prescription Monitoring Program. In a Consent Order filed with the Board on June 25, 2022, Feigin agreed to retire and have his medical license permanently revoked.
“Health care professionals authorized to prescribe opioids and other controlled dangerous substances have a duty to comply with the controls in place to prevent diversion and abuse. This includes making required checks of prescription monitoring program records to ensure the medications they prescribe are not falling into the wrong hands and taking steps to safeguard their prescription blanks against unauthorized access for criminal purposes” said Cari Fais, Acting Director of the Division of Consumer Affairs. “By revoking this physician’s license, the Board has ensured that he will no longer be in a position to provide easy access to addictive medications and undoubtedly saved lives in the process.”
Investigators with the Enforcement Bureau within the Division of Consumer Affairs conducted the investigation on behalf of the Board of Medical Examiners.
Deputy Attorney General Nisha S. Lakhani of the Professional Boards Prosecution Section in the Division of Law represented the State in the Board action against Feigin’s professional license.
Deputy Attorney General Lawrence Krayn is prosecuting the criminal case for the Office of the Insurance Fraud Prosecutor’s Medicaid Fraud Control Unit, under the supervision of Deputy Bureau Chief Michael Klein. Detective Catherine Cardenes coordinated the investigation, under the supervision of Sgt. Danielle Han and Lieutenant Jarek Pyrzanowski. Detective Daniel Cicala and Chief Richard Pantina of the Parsippany Police Department also played integral roles in the investigation.