Zalma on Insurance
Education • Business
Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
Interested? Want to learn more about the community?
July 14, 2022
Guilty of Using Stolen Prescription Pad to Obtain Oxycodone

Drug Dealer Chiropractor Not Allowed into Pretrial Intervention Program

Read the full article at https://lnkd.in/gu2igmKA and see the full video at https://lnkd.in/gieZ_syz and at https://lnkd.in/gSXWSeSE and at https://zalma.com/blog plus more than 4250 posts.
Posted on July 14, 2022 by Barry Zalma

See the full video at https://rumble.com/v1c0dxh-guilty-of-using-stolen-prescription-pad-to-obtain-oxycodone.html?mref=6zof&mrefc=2 and at

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

http://www.zalma.com and [email protected].

Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe.

Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.

Write to Mr. Zalma at [email protected]; http://www.zalma.com

; http://zalma.com/blog; daily articles are published at https://zalma.substack.com.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

00:08:18
Interested? Want to learn more about the community?
What else you may like…
Videos
Posts
September 18, 2026
Expert May Only Testify to What Experience Supports

Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.

Posted on September 18, 2026 by Barry Zalma

See the full video at and at https://rumble.com/v7fmifw-expert-may-only-testify-to-what-experience-supports.html

In Michele A. Over, and The Estate Of Paul R. Over v. State Farm Mutual Automobile Insurance Company, and State Farm Fire And Casualty Company, Civil Action No. 23-cv-02243-PAB-STV, United States District Court, D. Colorado (September 14, 2026) Michele and Paul Over sued State Farm Fire and State Farm Auto over hail-damage and stolen-vehicle claims.

The operative dispute concerned State Farm Auto’s motion to exclude or limit opinions from plaintiffs’ insurance-industry expert, Aaron Castillo. Castillo.

Law

The proponent of expert testimony must establish by a preponderance of the evidence that an expert is qualified and that the opinions are helpful, sufficiently grounded, and reliably derived and applied. Experience-based opinions must explain how the...

00:03:10
September 17, 2026
Convicted on 29 Tax-Refund-Fraud Counts

150 Months in Prison for Tax Fraud
Post 4846

Posted on September 17, 2026 by Barry Zalma

See the full video at https://lnkd.in/g8rh3JBX and https://lnkd.in/gmkdy-9C, In United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.

FACTS

In United States Of America v. Thomas Addaquay, United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS

Thomas Addaquay controlled United Consolidated Accounting and Business Services (UC), nominally a check-cashing business.

The government proved a three-stage tax-refund scheme that converted the resulting refund checks into usable funds through ...

00:05:23
September 14, 2026
Court Enforces Fifth Amendment & Refuses to Compel Answers

Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution

Post 5489

Posted on September 14, 2026 by Barry Zalma

Fraudster Refuses to Answer Questions About His Alleged Fraud

See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr

In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.

Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.

After Great American ...

00:05:14
November 13, 2026
Habeas Relief Requires Cognizable Responses to State Defenses

Claims of Res Judicata and Procedural Default Defeats Habeas

Post 5543

Posted on November 13, 2026 by Barry Zalma

A Health Insurance Fraud Conviction Rested On Knowingly Submitting Materially False Or Misleading Claim Information With Specific Intent To Defraud.

A Health Insurance Fraud Conviction Rested On Knowingly Submitting Materially False Or Misleading Claim Information With Specific Intent To Defraud.

In Tariq Mustafa Abdulaziz v. Commissioner Of Correction, No. CV 26-5002432-S, Superior Court of Connecticut, Judicial District of Tolland, Habeas Docket (October 29, 2026) Tariq Mustafa Abdulaziz submitted 114 claims for in-home, face-to-face services purportedly provided to thirty program participants during four one-week periods. The department paid Neurostrategies, Inc., $13,650.

FACTS

The defendant waived his right to a jury trial and elected a trial to the court, D'Addabbo, J. Trial occurred over the course of eight days in August, 2022. The state presented testimony from ten witnesses and introduced thirty-three exhibits into ...

post photo preview
November 12, 2026
Common Interest Doctrine Protects Confidentiality

Theft of Confidential Information

Post 4581

Posted on November 12, 2026 by Barry Zalma

In People Center, Inc. v. Deel, Inc., et al., No. 25-cv-02576-CRB (LJC), United States District Court, N.D. California (November 7, 2026) People Center, doing business as Rippling, and Deel compete in payroll and human-resource management software. Rippling alleges that Deel and its executives recruited Rippling employee Keith O’Brien, based in Ireland, to disclose confidential information and trade secrets.
THE IRISH SUIT

Rippling sued O’Brien in Ireland and Deel in the United States. O’Brien subsequently retained separate counsel, supplied an affidavit describing the alleged espionage, and entered into a Cooperation Agreement with Rippling. In exchange for his cooperation, Rippling agreed to provide financial assistance, indemnification, and conditional dismissal of the Irish proceedings. The agreement also permitted renewed proceedings or a monetary judgment upon a material breach.

The Irish proceedings against O’Brien were dismissed...

post photo preview
November 11, 2026
After Dismissal Fraud Victim May Amend Complaint After Dismissal

A Proposed Amended Complaint That Includes New Factual Allegations to Remedy Pleading Deficiencies

Posted on November 11, 2026 by Barry Zalma
After Dismissal Fraud Victim May Amend Complaint After Dismissal
Post 4580

If A Proposed Amendment Is Not Clearly Futile, Then Denial Of Leave To Amend Is Improper

In John Hancock Life & Health Insurance Company v. Caring Connections LLC, Arthur Feldheim, and Blime a/k/a Vera Feldheim, Civ. No. 25-7574 (MAS)(JBD), United States District Court, D. New Jersey (November 6, 2026) John Hancock sued Caring Connections LLC, Arthur Feldheim, and Blime a/k/a Vera Feldheim on June 5, 2025, asserting thirteen claims, including fraud, breach of contract, and aiding and abetting fraud.

On March 26, 2026, this Court entered an order granting Caring Connections’ motion to dismiss and granting in part and denying in part the Feldheims’ motion to dismiss. The dismissed claims were dismissed without prejudice, and John Hancock timely sought leave to amend.

They also argued that the New ...

post photo preview
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals