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Salvatore J. Marcera, Jr., Obtaining a Controlled Substance by Misrepresentation, New York 2014

Rochester, NY – In a shocking turn of events, a Rochester attorney was sentenced for obtaining a controlled substance by misrepresentation.

U.S. Attorney William J. Hochul, Jr. announced that Salvatore J. Marcera, Jr., 54, of Rochester, NY, was sentenced to three years probation by U.S. District Judge Frank P. Geraci, Jr. on March 2014.

Marcera was convicted of obtaining prescriptions for his brother, who was incarcerated in the Monroe County Jail at the time. He claimed that the prescriptions were medically necessary, but they were not.

The defendant obtained the prescriptions for OxyContin and Roxycodone, both of which contain oxycodone, a Schedule II controlled substance. He then gave the prescriptions to another family member, who filled them at a pharmacy and paid for them with Excellus BlueCross BlueShield insurance.

As part of the same case, Marcera was previously convicted of filing a false personal income tax return for tax years 2004 through 2007 by understating the gross receipts of his law practice. He was sentenced to five years of probation, including one year of home confinement, on the tax charges, and ordered to pay restitution to the Internal Revenue Service in the amount of $104,074.

The investigation was conducted by the Federal Bureau of Investigation, Internal Revenue Service, Criminal Investigation Division, Department of Health and Human Services, Office of Inspector General, and the New York State Insurance Department’s Frauds Bureau.

Marcera reported to the Court that his law license has been suspended and that he is subject to further disciplinary proceedings in May 2015.

The total amount of restitution ordered by the court is $1,965.71, payable to Excellus BlueCross BlueShield.

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