Damian Williams, the United States Attorney for the Southern District of New York; Frank A. Tarentino III, the Special Agent in Charge of the New York Division of the Drug Enforcement Administration (“DEA”); Naomi Gruchacz, the Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”); James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”); and Thomas Fattorusso, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the unsealing of Complaints charging Feroze Nazirbage, a pharmacy owner, and Mordechai Bar, a physician, with illegally diverting oxycodone and other controlled substances. Both NAZIRBAGE and BAR were arrested today and will be presented tomorrow in White Plains federal court.
U.S. Attorney Damian Williams said: “As alleged, Dr. Mordechai Bar and Feroze Nazirbage breached the trust that was placed in them to prescribe and dispense controlled substances only for legitimate medical purposes. They allegedly used their positions as healthcare professionals as a cover for what amounted to no more than common drug dealing operations. We will not tolerate the illegal sale of oxycodone and other addictive substances into the community, whether those sales take place on the street corner, at a doctor’s office, or behind a pharmacy counter.”
DEA Special Agent in Charge Frank A. Tarentino III said: “The arrests today of Doctor Mordechai Bar and pharmacy owner Feroze Nazirbage are the result of the DEA’s commitment in pursuing those individuals who allegedly exacerbate the ongoing opioid crisis. As alleged, these two healthcare professionals, who illegally diverted the highly addictive oxycodone for cash had a responsibility of protecting patients’ lives, not destroying them. The DEA will relentlessly pursue those individuals responsible for putting profits and greed over the health of their patients.”
HHS-OIG Special Agent in Charge Naomi Gruchacz said: “This physician and pharmacy owner are alleged to have illegally distributed controlled substances, which is behavior that could contribute to the ongoing opioid epidemic. HHS-OIG works with our law enforcement partners to ensure that individuals involved in fraud schemes that exploit federal health care programs and threaten patient safety are held accountable.”
FBI Assistant Director in Charge James Smith said: “In exchange for financial compensation, Feroze Nazirbage and Mordechai Bar, a pharmacy owner and physician, respectively, allegedly conspired to distribute controlled substances – including oxycodone – without a legitimate prescription or patient medical examination. Failing their ethical duty to do good, the defendants allegedly abused their positions in healthcare by serving as suppliers for a highly addictive narcotic while greedily pocketing the rewards. With assistance from our law enforcement partners, today’s charges reflect the FBI’s intolerance of those who selfishly jeopardize the health of others, especially those entrusted with prioritizing and preserving the wellness of our city.”
IRS-CI Special Agent in Charge Thomas Fattorusso said: “Nazirbage and Bar went against all medical ethics and broke the law with their alleged dealing of oxycodone, a highly addictive drug. Law enforcement understands the continued need to stop the flow of this drug getting into hands with no medical need, and we remain steadfast in working investigations to arrest those who prey on the vulnerable.”
As alleged in the two Complaints filed on May 30, 2024, in White Plains federal court and unsealed today:[1]
Oxycodone, a Schedule II narcotic, is a highly addictive opioid analgesic that is used to treat severe and chronic pain conditions, such as post-operative pain, severe back and orthopedic injuries, as well as pain associated with certain forms of cancer and other terminal illnesses. Oxycodone prescriptions are in high demand and have significant cash value to drug dealers. The street value of oxycodone depends on the number of milligrams of oxycodone in each tablet, and in and around the New York City area, each milligram of oxycodone roughly translates to around $1 in street value.
NAZIRBAGE is associated with multiple pharmacies in and around New York City, including F&N Pharmacy, of which he is the president, and QV Pharmacy, where he has been observed working and directing customers. From at least about December 2022 up to the date of the Complaint, NAZIRBAGE has conspired with others to dispense or distribute oxycodone and other controlled substances, in violation of the law, in exchange for cash. In addition to filling prescriptions that he knew were not issued for a legitimate medical purpose by a practitioner acting within the usual course of professional practice, NAZIRBAGE also repeatedly sold controlled substances to a customer without a prescription in what is commonly referred to as a “backdoor sale.” During one of those sales, NAZIRBAGE gave that customer a handwritten menu of various prescription drugs and their per-pill cost for future backdoor sales (pictured below):
BAR is a physician whose practice is located in New Rochelle, New York. From at least in or about January 2023 up to the date of the Complaint, BAR conspired with others to provide prescriptions not issued for a legitimate medical purpose for oxycodone, amphetamine, and alprazolam to patients in exchange for cash payments. BAR issued those prescriptions without conducting medical examinations of the patients and, in many cases, without even speaking to or meeting with the patients.
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NAZIRBAGE, 50, of Bellerose, New York, is charged with one count of conspiring to illegally dispense or distribute oxycodone and other controlled substances, which carries a maximum sentence of 20 years in prison, and 11 counts of dispensing or distributing oxycodone and other controlled substances, each of which carries a maximum sentence of 20 years in prison.
BAR, 71, of Larchmont, New York, is charged with one count of conspiring to illegally dispense or distribute oxycodone and other controlled substances, which carries a maximum sentence of 20 years in prison, and 12 counts of dispensing or distributing oxycodone and other controlled substances, each of which carries a maximum sentence of 20 years in prison.
The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding efforts of the DEA, HHS-OIG, the FBI, and IRS-CI. He also thanked the DEA Task Force Officers from the Yonkers Police Department, the Westchester County Police Department, the Putnam Sheriff Department, the Orangetown Police Department, and the Rockland Seriff Department. He added that the investigation is ongoing. Any individuals who believe they have information that may be relevant to this investigation should contact DEA Victim/Witness Coordinator James Lee at James.H.Lee@dea.gov and/or by calling (646) 529-4042.
This effort is part of an Organized Crime Drug Enforcement Task Forces (“OCDETF”) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S Attorneys David A. Markewitz and Kathryn Wheelock are in charge of the prosecution.
The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.
