News Release
FOR IMMEDIATE RELEASE

New Bedford Chiropractor Sentenced For
Obtaining Oxycontin by Fraud

SEPT 18--Boston, MA…A South Dartmouth man was sentenced today in federal court for obtaining OxyContin by fraud.

Mark R. Trouville, Special Agent in Charge of the U.S. 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 15 Clark's Cove Drive in South Dartmouth was sentenced to three years probation by U.S. District Judge Rya W. Zobel for his conviction on two counts of fraudulently obtaining oxycodone (also known as OxyContin). MITZAN also is required to pay a $5,000 fine, a $200 special assessment, and to pay $522.01 in restitution to Medco Health, his health insurance provider.

MITZAN previously pleaded guilty. At the plea hearing, the prosecutor told the Court that, had the case proceeded to trial, the Government's evidence would have proven that on several occasions 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 insurance carrier was billed for the costs of the fraudulent prescriptions.

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.