The U.S. Attorney’s Office District of New Jersey released the below information:
NEWARK, N.J. – A Bergen County doctor today
admitted distributing opioids without a legitimate medical reason and
falsifying medical records to cover it up, U.S. Attorney Craig Carpenito announced.
Robert Delagente, 45,
of Oakland, New Jersey, pleaded guilty before U.S. District Judge Claire C.
Cecchi in Newark federal court to an indictment charging him with one count of
conspiracy to distribute controlled dangerous substances, three counts of
distribution of controlled dangerous substances, and one count of falsifying
medical records.
“This defendant
knowingly prescribed for his patients some of the most dangerous and addictive
drugs available, sometimes with no more contact than a text message from the
patient,” U.S. Attorney Carpenito said. “Many of these patients were dealing
with pain and addiction, and instead of getting help from their doctor, they
were drawn deeper into the cycle of drug abuse. His admission of guilt today
ensures that he will be appropriately punished for this behavior.”
“Dr. Delagente sold his
ethics, his medical license, and his moral compass,” FBI-Newark Special Agent
in Charge Gregory W. Ehrie said. “There is no magic elixir for the pain caused
by pill mill doctors. The cure is public awareness, victims who come
forward and a determined fleet of FBI investigators who will arrest these
unscrupulous practitioners when they run afoul of the law.”
According to documents
filed in this case and statements made in court:
Beginning in May 2014,
Delagente was a doctor at a medical practice called North Jersey Family
Medicine (NJFM) in Oakland, New Jersey. He allegedly described himself in
conversations pertaining to his prescribing of painkillers as the “Candy Man”
and the “El Chapo of Opioids.” Delagente knowingly prescribed controlled
substances, such as oxycodone, Percocet, Tylenol with codeine, and various
benzodiazepines (alprazolam, diazepam, clonazepam, and temazepam), outside the
ordinary course of professional practice and without a legitimate medical
purpose. He ignored the inherent danger and medical risk of overdose, drug
abuse, and death that can accompany prescriptions of highly addictive opioids,
benzodiazepines, and muscle relaxers, both on their own and in combination with
one another.
Delagente prescribed
controlled substances without ever seeing the purported patient for a medical
visit or even discussing with the patient the medical need for the
prescription. He allowed patients to ask him for controlled substances via text
message and would write a prescription for patients that he would leave at the
front desk, without requiring an office visit or consultation of any kind. He
allowed patients to dictate the strength and dosage of the controlled
substances he prescribed for them. Delagente also prescribed the dangerous drug
combination known as the “Holy Trinity,” comprised of opioids (usually
oxycodone), benzodiazepines (usually alprazolam) and muscle relaxers (usually
carisoprodol).
Delagente failed to
monitor patients for addiction and ignored drug screening tests to determine
whether certain patients were taking illicit drugs. In fact, Delagente
prescribed controlled substances to patients he knew were addicted to opioids
or other controlled substances. In one instance, an NJFM employee texted
Delagente that a patient had gotten a babysitter and driven a long distance to
get to the practice, but had been unable to see a doctor. Delagente responded:
“Oh well … C’est la vie! Lol … He can wait for his oral heroin another day.
Lol.”
One patient texted
Delagente that the patient “probably can’t stop the pk’s,” referring to
painkillers. The patient told Delagente that the patient “would need a plan to
stop…not cold turkey.” A few days later, when the patient was having trouble
obtaining pain medication, the patient wrote to Delagente that “If I go 4 days
without [painkillers] I am in huge trouble.” In response, Delagente wrote “I
will leave you a short supply RX [prescription] at the front to pick up.”
Delagente then wrote the patient a prescription for 120 tablets of 30-milligram
oxycodone for 30 days. Delagente at one point told this patient: “I’m literally
sticking my neck out and can lose my medical license or [be] arrested for what
I just did.”
Delagente also was
charged with altering medical records of patients who received controlled
substance prescriptions from him after law enforcement officials had subpoenaed
the records in late April 2019.
Delagente faces a
maximum penalty of 20 years in prison and a $1 million fine on each of the
distribution of controlled dangerous substances charges. Delagente faces a
maximum penalty of 20 years in prison and a $250,000 fine on the charge of
falsifying medical records. Sentencing for Delagente is scheduled for June 10, 2020.
U.S. Attorney Craig
Carpenito credited special agents of the FBI, under the direction of Special
Agent in Charge Ehrie in Newark, with the investigation leading to today’s
guilty plea.
The government is
represented by Assistant U.S. Attorneys Jason S. Gould of the Health Care Fraud
Unit and Sean M. Sherman of the Opioids Unit in Newark.
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