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News Release
June 26, 2003

New Bedford Chiropractor Pleads Guilty to
Obtaining OxyContin by Fraud

Boston, MA...A South Dartmouth man was convicted today in federal court of obtaining OxyContin by fraud.

Mark R. Trouville, Special Agent in Charge of the Drug Enforcement Administration in New England; Colonel Thomas J. Foley, Superintendent of the Massachusetts State Police and United States Attorney Michael J. Sullivan, announced today that Dr. David MITZAN, age 37, of 41 Mosher Street in South Dartmouth, pleaded guilty before U.S. District Judge Rya W. Zobel to two counts of fraudulentlly obtaning oxycodone.

At today's plea hearing, the prosecutor told the Court that, had the case proceeded to trial, the Government's evidence would have proven that on several occassions in 2001, MITZAN passed fraudulent prescriptions for OxyContin at a CVS pharmacy in New Bedford. The prescriptions appeared to bear the signatures of physicians with whom MITZAN had a business relationship. In fact, the signatures were forgeries and the doctors had not written the prescriptions that MITZAN passed. Additionally, MITZAN's insurnace carrier was billed for the costs of fraudulent prescriptions.

Judge Zobel scheduled sentencing for September 11, 2003 at 2:30 pm. On each count, MITZAN faces up to 4 years' imprisonment, to be followed by 1 year of supervised release, and a $250,000 fine.

The case was investigated by the U.S. Drug Enforcement Administration's New Bedford Resident Office, Cape Cod Task Force, and the Worcester Tactical Diversion Squad, as well as the Massachusetts State Police and Massachusetts Bureau of Special Investigations. It is being prosecuted by Assistant U.S. Attorney John J. Farley in Sullivan's Public Corruption and Special Presecutions Unit.

Press Contact S/A Anthony Pettigrew, 617-557-2138

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