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Plan to Combat Prescription Drug Fraud Unveiled in New Jersey

2012-02-02T15:03:00Z

The state of New Jersey will be paying more attention to certain types of prescriptions in their efforts to curb prescription drug fraud and abuse. It has introduced a program to track prescriptions filled for controlled substances and human growth hormones.

]]> The new system, similar to that in many other states, will allow doctors and law enforcement to identify patients who receive multiple prescriptions from different physicians or filling them at different pharmacies. It will also target doctors and pharmacists who improperly approve or fill prescriptions for unusually large amounts of certain types of drugs.

Doctors will have access to a database that will allow them to determine whether a patient's prescription history suggests addiction or abuse. Pharmacists will be able to find out if a customer is obtaining the same prescription at another pharmacy.

Although experts say that this new program can be helpful in combating prescription fraud and addiction, physicians and pharmacists are not required to use it. And in some states, physicians have been reluctant to adopt similar programs because they fear that the government would be looking at every prescription they write. However, for an investigator or detective to gain access to the information, he or she would need a court order or subpoena.

Source: NJ.com, "N.J. Division of Consumer Affairs will crack down on prescription drug crimes, attorney general says," Jan. 30, 2012.

Newark Murder Rate: Up Then Down

2012-01-31T15:03:00Z

The mayor of New Jersey's largest city, Newark, is claiming a partial victory in the war on murders and shootings. This is even though the overall murder rate in Newark increased about five percent in 2011 over 2010. However, Mayor Cory Booker said that data for the last half of the year shows that Newark's violent crime rate is going down.

]]> In the first half of 2011, the number of murders and shootings skyrocketed, increasing by 56 percent over the previous year. However, in the second half of the year both the murder rate and the shooting rate decreased, reducing the overall crime rate to two percent in the last six months of 2011.

According to Police Director Samuel DeMaio, the improvement came as a result of the department's reorganization and the implementation of new crime-fighting strategies. He credited stricter enforcement of curfews, more visibility on the streets, and the return of special mobile units such as motorcycle, aviation and mounted units.

There was more attention paid to gun recoveries in the second half of the year. Of a total of 696 weapons removed from the streets of Newark, 432 were weapons confiscated in the second half of 2011. But one of the biggest problems - one that contributed significantly to the increase in violent crimes in 2010, was the reduction in the number of police officers due to budget cuts.

Source: New Jersey Public Radio, "Crime Up But Murder Trend Reversed in Newark," by Mirela Iverac, Jan. 25, 2012.

Can the Police Use GPS? Supreme Court Says No

2012-01-26T15:03:00Z

The Supreme Court has limited the tracking of GPS devices by law enforcement. The decision, released on January 23, will affect the privacy rights of Americans for years to come. Senator Pat Leahy of Vermont and the chairman of the Senate Judiciary Committee, described the high court ruling as "a victory for privacy rights and for civil liberties in the digital age."

]]> The ruling overturned the conviction of Antoine Jones, who was convicted of operating a drug trafficking ring out of his club in Washington, D.C. Issues in the case included:

•· Law enforcement placed a GPS tracking device on Jones' car without a warrant.

•· How long the warrantless "search" was conducted was at issue In the Jones case, officers monitored the suspect's movements for four weeks, suggesting that if police used GPS for a shorter period of time the use of the tracking device might be legal. In 1983, the court affirmed that police could use beepers to track suspects during single trips. The question in this case was whether the Fourth Amendment allows police to use tracking devices over much longer periods.

•· Whether people have a right to expect privacy when using devices such as cell phones or computers connected to the Internet, which can also be tracked in a similar way to the tracking provided by GPS devices

Police placed the GPS device in the car while it was parked in a Maryland parking lot. The device was only one source of evidence that was also drawn from visual surveillance and a wiretap on Jones's cell phone.

Source: Bloomberg Businessweek, "Police Use of GPS Devices Limited by U.S. Supreme Court", by Greg Stohr, Jan. 23, 2012.

Supreme Court Gives Death Row Inmate Another Chance

2012-01-24T17:12:00Z

It happens all the time - something gets lost in the mail. However, it is seldom a life-and-death matter. For an Alabama death row inmate who missed a filing deadline because of a mailroom mix-up at his attorney's New York law firm, a recent Supreme Court ruling on the subject gives this convicted murderer another chance.

]]> The ruling allows lower federal courts to consider the inmate's appeal that his trial attorneys were ineffective.

The comedy of errors began when two lawyers from Sullivan & Cromwell neglected to tell the defendant that they had left the firm. Moreover, they did not tell the court from which they expected a ruling in the case. Finally, when the ruling arrived at the firm, it was returned to the court unopened.

Justice Ginsburg, writing for the majority, criticized the Alabama pay rate for court-appointed lawyers. At the time of the original trial, attorneys in capital cases received $40 per hour when in court and $20 per hour when not in court. The state had a $1,000 cap on out-of-court work. The inexperienced, overworked and underpaid lawyers made several mistakes, according to Justice Ginsburg's opinion: failing to develop an intoxication defense, failing to object to obvious instances of prosecutorial misconduct and unable to prepare adequately for the penalty phase of the trial. The lawyers even apologized to the jury for their lack of preparation.

New Jersey salaries for public defenders are significantly higher than the national average, with the public employee benefit packages reducing the employee turnover characteristic of these entry-level legal positions.

Source: New York Times, "Justices Rule for Inmate After Mailroom Mix-Up", by Adam Liptak, Jan. 18, 2012.

Vineland Police Under Scrutiny

2012-01-19T15:03:00Z

The New Jersey Public Defender's Office believes that a pattern of misconduct exists in Vineland's Street Crimes Unit. They are seeking confidential documents from an ongoing police corruption lawsuit to make their case.

]]> The Vineland Police Department is under scrutiny because of a complaint raised by a police officer who claimed that he experienced retailliation after reporting misconduct by fellow officers, including possible drug crimes.

At a hearing before Judge Darrell M. Fineman in Cumberland County Superior Court, it was revealed that the county prosecutors office dismissed 39 criminal cases that were investigated by Detective Gamaliel "Gami" Cruz. The county has suspended its investigator and has begun the process of firing him.

The criminal case that may turn on the documents in the police corruption case involves Detective Cruz and has not been dismissed as have some other cases in which Cruz was involved. The criminal complaint charges that a Vineland resident had a pistol in his car.The police stop was based on a tip from a confidential informant phoned in to Cruz that the defendant would be delivering drugs. The tip turned out to be wrong, but the defendant was arrested and charged on the weapons violation.

Issues like these are not limited to Vineland and Cumberland County. The Camden County Prosecutor's Office hahs dismissed nearly 200 cases since 2009 because of illegalities -- prooven and suspected -- within a special Camden police unit. Three members of the five-officer unit pleaded guilty, one was convicted and the fifth was found not guilty.

Source: The Daily Journal, "Hearing focuses on officers' integrity", by Joseph P. Smith, Jan. 16, 2912.

NJ Teacher's Facebook Remarks: Cyberbullying or Free Speech?

2012-01-17T18:03:00Z

Internet and computer crimes such as cyber bullying raise many legal issues. For example, the schoool board in Union Township, New Jersey, has begun proceedings against a teacher who allegedly made anti-gay remarks on Facebook. At issue in the matter is not only the teacher's job, but her right to free speech.

]]> Moreover, say some, teachers should be held to a higher standard. Still others question whether a teacher who expresses anti-gay sentiments is able to enforce New Jersey's new anti-bullying law. Some believe that the teacher has the right to be anti-gay, but not to express it to the world. Others see her as a victim of political correctness.

The New Jersey Star Ledger and other media outlets have called for firing or other disciplinary action. The 49-year old teacher posted her comments on Facebook after the school district's LGBT history monthy in October. She stated that homsexuality was both a sin and a pervision that "breeds like cancer."

The school district continuies to investigate the matter.

Source: LBTQNation.com, "NJ school board files tenure charges against teacher who made anti-gay Facebook posts", Jan. 13, 2012.

IRS Increases Efforts to Prevent Fraud

2012-01-12T18:03:00Z

The chances of getting charged with identity theft just increased, according to a publication directed at accountants, Accounting Today. The Internal Revenue Service has created a special section on its web site dedicated to combating phishing, tax refund fraud and other types of identity fraud and theft.

]]> The IRS undertook a pilot program in 2010 involving the returns of deceased taxpayers. It is also working on a program to limit repeat incidents of tax fraud. Taxpayers who report fraud or identity theft receive a special PIN number, making it more difficult to file a return in another taxpayer's name a second time.

The IRS has implemented a comprehensive program to combat identity theft, focusing on prevention, detection and speedy resolution of reported fraud. However, a spokesperson cautioned that the agency needs to send refunds out quickly to meet public demand while protecting the identities of taxpayers at the same time. Maintaining this balance will mean that the IRS will probably not be able to find every instance of tax or identity fraud.

Source:Accounting Today, "IRS Steps up Efforts to Combat Identity Theft", by Michael Cohn, Jan 10, 2012.

Cybercrime Monitoring Increases

2012-01-10T18:03:00Z

Many states, including New Jersey, have developed strategies to tackle cybercrime. It is a growing area of criminal activity, attractive because of its non-violent nature and the possibility of quick returns. The Manhattan D.A.'s office has worked on significant schemes to loot bank accounts, defraud credit card companies, steal the online identities of businesses and cash bad checks. The team has also identified child pornographers and recently caught a murderer by monitoring his Facebook page.

In addition to local and state agencies, federal agencies such as the FBI and Secret Service have increasingly focused on Internet crime. Federal agents now coordinate with local law enforcement agencies, instructing them in techniques that can help identify fraudulent and illegal activity on the Internet.

Source: Wall Street Journal, "D.A. Cracks Down On Internet Crime", by Michael Rothfeld, Dec. 30, 2011.

New Jersey Reduces Number of Prisoners

2012-01-05T15:03:00Z

New Jersey has been a leader in reducing its prison population in the past few years. In the years since 2000, New Jersey's prison population has declined by 20.6 percent, or 6,486 inmates. However, most other states have seen increases in the number of people incarcerated, with Illinois leading the pack with an increase of 3,257 prisoners in 2010, or an annual increase of 7.2 percent.

]]> The 2010 increase in Illinois' prison population occurred after lawmakers had agreed in 2009 to focus on reducing the number of people in the state prison system. The governor signed laws that were intended to accomplish this goal. However, political opportunism, sensationalist reporting and inaccurate news coverage resulted in a backlash against an "early release program" that had made it possible for 1,700 inmates to be released an average of 37 days early. The governor and legislature were charged by critics with endangering public safety.

New Jersey, despite Gov. Christie's well-publicized signing of legislation cancelling so-called early release programs, has continued to reduce its prison population. This has been the result of numerous factors that include:

•· A 1999 lawsuit by prison inmates over the state's backlog in parole hearings

•· Changes in the law mandating automatic revocation of parole for minor violations

•· A campaign for Families Against Mandatory Minimums (FAMM) to revise punitive drug crime laws that mandated lengthy sentences for minor drug possession convictions

•· Changes in prosecutors' plea bargaining practices

Although New Jersey, Michigan and New York have suceeded in reducing their prison populations, most other states have continued to increse the number of inmates in their prisons. This comes at a time when economics, if nothing else, should dictate that state governments look at the growing cost associated withg keeping so many people behind bars.

Source: The Crime Report, "Getting Prison Numbers Down-For Good", by Malcolm C. Young, Jan. 1, 2012.

Wrongly Accused, Haskell, New Jersey Man Sues Police Over Damage to Car

2012-01-03T18:03:00Z

The police don't always get it right. Exhibit A is a recent drug bust that found no drugs but caused $12,000 worth of damage to a 2004 BMW.

During a routine traffic stop, Haskell, New Jersey, resident Darren Richardson was defensive and uncooperative, according to police. Richardson also has a criminal record and served two years in prison on drug charge. Police said that they arrested Richardson and impounded his car because they smelled what they thought was marijuana.

]]> Police conducted a thorough search, employing drug-sniffing police dogs, but found nothing. In addition, police called in DEA experts to search the interior to find hidden drug storage compartments. Neither the dogs nor the DEA agents found any drugs.

Richardson's insurance company estimated the damage to be more than he had paid for the car. The vehicle was determined to be a total loss, and both Richardson and his insurance company may sue the police department to recover their losses.

Source: Business Insider, "New Jersey Drug Bust Yields No Drugs, Just $12,000 In Damage To BMW", by Travis Okulski, Dec. 29, 2011.

World Trade Center Contractors Charged With Embezzlement

2011-12-29T12:03:00Z

Two trucking company owners with World Trade Center development contracts have been charged with fraud and embezzlement. Federal prosecutors charged the Fusella Group, based in East Hanover, New Jersey, and a second company with a the same ownership, Alpine Investment Group, with hiding their drivers' true work hours to avoid paying legally required wages and benefits. The company owners submitted paperwork certifying that they had paid their workers as required.

]]> Court papers filed in Brooklyn state that as a result of the fraud, the Fusella brothers defrauded the government out of revenue, including an estimated $150,000 in Social Security payments as well as state and federal taxes. They allegedly paid bribes to a union shop steward to hide their activities that also include falsely classifying the drivers as independent contractors and reporting as deductible business expenses the payment made to office workers and mechanics.

Gerardo and Vincent Fusella could face up to 20 years in prison each if convicted. The charges were brought after investigations conducted by the U.S. Department of Labor; the Department of Transportation; the Internal Revenue Service; the Port Authority of New York and New Jersey; and the New York City Business Integrity Commission.

Source:Crain's New York Business, "Feds charge WTC truckers with massive scam", Dec. 22, 2011.

Law Enforcement Uses Drug Charges to Break Up Gangs

2011-12-27T15:03:00Z

Police in New Jersey and other states often use drug charges to break up gangs. A recent case illustrates this; a member of a Plainfield gang, the G-Shine Bloods, was recently sentenced to 15 years in federal prison after pleading guilty to one count of crack cocaine distribution. His sentence also includes fie year of post-release supervision.

]]> Marcus Williams was convicted on June 22 after selling crack cocaine to a confidential federal informant. The transaction occurred in a residential apartment in Plainfield. He was arrested in January of 2011 and released on bail in February. However, he violated his pre-trial release by removing the electronic monitoring bracelet and leaving the supervision of his third-party monitor. He was arrested again in May and remanded into federal custody. Sentencing took place in

Other G-Shine Bloods members were also sentenced recently after pleading guilty to drug charges. In November, the alleged G-Shine leader, Haleem McCoy, pleaded guilty to one count of distribution of crack cocaine in federal court. Andre Kelly was also sentenced in November to 30 months in prison; and Mustafa Harris Was sentenced to 84 months in prison after pleading guilty to one count of crack cocaine distribution.

The G-Shine Bloods is also known as the Gangster Killer Bloods.

Source: njtoday, "Plainfield Gang Member Sentenced To Prison On Drug Charge", Dec. 21, 2011.

Pretrial Diversion Denied for Two Columbia Students

2011-12-22T15:03:00Z

A Columbia College student from New Jersey was denied entry into a pre-trial diversion program on December 13. The student, Adam Klein, was arrested for selling drugs on the New York City campus and is one of five persons charged in December 2010 after a five month investigation nicknamed "Operation Ivy League."

]]> One other student, Jose Perez, was denied entry into the diversion program. Two others have pleaded guilty. Perez and Klein could face up to two and a half years in prison for criminal sale of a controlled substance in the fifth degree. A fifth student was approved by the judge for admission to the diversion program and will thus be able to avoid a criminal record if he completes the program successfully. Diversion programs were instituted as part of an effort to reform the so-called Rockefeller drug laws that impose stiff sentences for minor drug crimes.

The police officers involved in the investigation reported they spent $11,000 purchasing cocaine, marijuana, ecstasy and LSD-laced candy. The purchases occurred mostly in the students' rooms and in the public areas of three fraternities.

The two students turned down plea bargain offers in June.

Source:Bloomberg Business Week, "Columbia Student Denied Pretrial Diversion in Drug Case", Dec, 16, 2011.

Former Police Offficer Sentenced in Child Sex Crime

2011-12-20T12:03:00Z

A former police officer has been sentenced to six years in state prison for a second degree attempted endangering the welfare of a child (attempted distribution of child pornography). James Haspel pleaded guilty and admitted that he had communicated through the Internet with a person he believed to be a 13-year-old girl and asked her to send him a nude photo of herself. The "girl" was actually an undercover officer from the New Jersey State Police Digital Technology Investigations Unit.

]]> In addition to his sentence, Haspel will be required to register as a sex offender under Megan's Law upon his release from prison. He will be unable to return to his police position and will be ineligible for any type of public employment.

Haspel admitted that he communicated with the "girl" between December 2009 and May 2010, on occasion using the computer assigned to him for police business and while on duty at headquarters. The police investigating the case also charged that he had sent nude Webcam videos before asking the "girl" to send him a nude photo of herself.

Haspel was a detective in the Madison Borough Police Department for 25 years. He was arrested by the state police on May 11, 2010 and suspended without pay the following day.

Source:Newjerseytoday.net, "Former Madison Police Officer Sentenced For Seeking Nude Photo Of 13-Year-Old Girl", Dec, 16, 2011.

Camden May Lose Its Police Force

2011-12-15T15:03:00Z

The police department in the city of Camden may soon be managed by Camden County. Mayor Dana L. Redd announced that she was moving forward with a controversial plan to have the county take over law enforcement in the high-crime city. Moreover, the state police have begun random sweeps through the city in an effort to address the growing homicide and burglary rates.

]]> City officials have been under growing pressure to do something about crime; the homicide rate has grown 30 percent, while the burglary rate has increased by 43 percent. Most attribute this increase in part to the layoff of nearly half the city's police force in January 2011. However, Camden has for many years been at the top of lists of American's most dangerous or violent cities.

Many critics view this latest effort to stem Camden's crime wave as too little, too late. The idea that a new police force would stop the decline of the city, which has gone from a busy industrial powerhouse to community characterized by empty houses and factories, has been received with scepticism.

The details of the county takeover have not been announced as the two parties work out fees and other compensation between the two jurisdictions.

Source:Policeone.com, "NJ 'city under siege' reworks police forces", by James Osborne and Darran Simon, Dec. 13, 2011.