Drug Dealer Chiropractor Not Allowed into Pretrial Intervention Program
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Posted on July 14, 2022 by Barry Zalma
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The New Jersey Pretrial Intervention Program (PTI) “is a diversionary program through which certain offenders are able to avoid criminal prosecution by receiving early rehabilitative services expected to deter future criminal behavior.” State v. Oguta, 468 N.J.Super. 100, 107 (App. Div. 2021) (quoting State v. Nwobu, 139 N.J. 236, 240 (1995)). Jason Mittleman appealed from an order denying his motion to compel his admission into the PTI program.
In State Of New Jersey v. Jason Mittleman, No. A-0925-20, Superior Court of New Jersey, Appellate Division (June 22, 2022) the Chiropractor appealed the refusal to allow him in the PTI program.
FACTS
Mittleman is a chiropractor. In 2017, he was working at the Denville Medical and Sports Rehabilitation Center where he stole another doctor’s prescription pad. Over the next twenty-two months, Mittleman submitted false prescriptions to obtain thousands of oxycodone pills.
Mittleman’s theft and fraud came to light in 2019. During the ensuing police investigation, Mittleman admitted he stole the prescription pad, fraudulently filled out numerous prescriptions, and used those prescriptions to obtain oxycodone.
Mittleman was indicted for third-degree obtaining oxycodone by fraud; third-degree insurance fraud; third-degree receiving stolen property; and fourth-degree tampering with or fabricating physical evidence.
The PTI Program
Mittleman applied for admission into the PTI program. The Morris County Prosecutor’s Office rejected his application and set forth the reasons for that decision. An assistant prosecutor reviewed the seventeen factors set forth in the PTI statute and found ten aggravating factors, considered several mitigating factors, but determined that Mittleman was not a suitable candidate for the PTI program.
A Law Division judge heard arguments on Mittleman’s motion motion, denied the motion, and set forth the reason for that decision on the record. That same day, the Law Division judge entered an order denying Mittleman’s motion to compel his entry into the PTI program.
Guilty Plea
The following month, Mittleman pled guilty to third-degree insurance fraud. In accordance with the plea agreement, Mittleman was sentenced to one year probation with a condition that he surrender his chiropractic license during the probationary period. The other charges against Mittleman were dismissed.
Mittleman appealed from the order denying his motion to compel his entry into the PTI program. Mittleman’s arguments were rejected because they were not supported by the record.
DISCUSSION
Prosecutors are granted broad discretion to determine if any defendant, including Mittleman, should be diverted to PTI instead of being prosecuted. The scope of judicial review is severely limited by the statute.
To overturn a prosecutor’s rejection, a defendant must clearly and convincingly establish that the prosecutor’s decision constitutes a patent and gross abuse of discretion. A patent and gross abuse of discretion is a decision that has gone so wide of the mark sought to be accomplished by PTI that fundamental fairness and justice requires judicial intervention.
There is nothing in the record establishing that Mittleman had a lawful prescription for oxycodone. The material fact, which was undisputed, was that Mittleman fraudulently obtained oxycodone.
The prosecutor also considered Mittleman’s use of the oxycodone. In that regard, the prosecutor noted that Mittleman claimed he had ceased using oxycodone voluntarily and, therefore, the State noted that there was no clear demonstration of an addiction that could be better treated through rehabilitative programs like PTI.
There is nothing in the record indicating that the State incorrectly believed that Mittleman provided oxycodone pills to his girlfriend. Instead, the prosecutor in his rejection letter noted that Mittleman admitted to using his former girlfriend’s name on forged prescriptions so that he could obtain more prescriptions for himself. The prosecutor also pointed out that Mittleman admitted that sometimes he distributed the oxycodone pills to other individuals.
Records recovered during the criminal investigation showed that Mittleman received fraudulent prescriptions of oxycodone from April 2017 until February 2019. During that same period, he was treating patients. Accordingly, it is not pure speculation that Mittleman’s unprescribed use of oxycodone could have placed his patients at risk.
The appellate court rejected Mittleman’s arguments concerning factual errors by the prosecutor because those arguments were not supported by the record and affirmed the trial court’s decision.
ZALMA OPINION
For a health care provider to steal a prescription pad and obtain for his personal use and distribution to others oxycodone illegally to seek admission to the PTI program would have allowed him to avoid his admitted criminal conduct. That he appealed the denial after being allowed to plead guilty to only one count and be sentenced only to probation was unconscionable. He should have been sentenced to prison for such egregious conduct and abuse of his profession.
Just published
Random Thoughts on Insurance Volume XIV: A Collection of Blog Posts from Zalma on Insurance —
(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at
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Formulaic Recitation Of The Elements Of Civil Conspiracy Are Insufficient
Post number 5320
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In Hassan Fayad v. Liberty Mutual Insurance Company, et al., No. 2:25-cv-10930, United States District Court, E.D. Michigan, Southern Division (March 24, 2026) Plaintiff Hassan Fayad, the owner of several businesses providing transportation, diagnostics, testing, and therapy services, regularly billed insurance companies for these services, was arrested and tried for fraud, convicted, had the conviction overruled and sued the insurers and prosecutors he found responsible.
FACTUAL BACKGROUND
By January 2020, Liberty Mutual, Progressive, Allstate, and Esurance suspected fraudulent activity and filed a complaint with the Michigan Department of Attorney General (MDAG). The insurers alleged that Fayad and others billed Michigan auto insurance policies for profit without actually providing medically ...
Federal Courts Have Limited Jurisdiction
When all Parties Refuse Removal There is No Jurisdiction
Post number 5319
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In Beth Mayhew and Matthew Mayhew v. Vladimir Sadovyh, et al., No. 2:26-CV-04029-WJE, United States District Court, W.D. Missouri (April 6, 2026) Mayhew was involved in a trailer-truck accident with Vladimir Sadovyh, who was employed by Nova First, LLC and Globex Transport, Inc. Both companies owned the tractor-trailer involved.
FACTUAL BACKGROUND
Chubb and Mohave Transportation Insurance Company jointly issued an insurance policy covering Nova First, Globex, and Sadovyh, with EMA Risk Services acting as a third-party administrator.
Beth Mayhew sued Nova First, Globex, and Sadovyh for negligence in Missouri state court, and following a jury trial, a nuclear judgment was awarded to the Mayhews totaling ...
Ordinary Negligence is What Medical Professi0nal Liability Insures
Post number 5319
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Sexual Conduct Exclusion Doesn’t Apply When Doctor Negligently Uses His Own Sperm
In Integris Insurance Company v. Narendra B. Tohan, No. AC 47222, Court of Appeals of Connecticut (April 7, 2026) Integris Insurance Company, a medical professional liability insurer, initiated a declaratory action to determine its duty to defend and indemnify Narendra B. Tohan, a physician licensed in Connecticut, in a separate negligence action alleging medical misconduct.
FACTUAL BACKGROUND
In 2019, Kayla Suprynowicz and Reilly Flaherty (civil action plaintiffs), who were strangers for most of their lives, discovered through a genetic testing company that they are half siblings.
INSURANCE POLICY
The policy defines “Professional Services” in relevant part as “any professional medical services within the ...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
Posted on March 30, 2026 by Barry Zalma
Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313
A Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story helps to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
She Taught Her Customers The Swoop And Squat:
Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.
Her defense ...