Pill Slinging Ex-Pharmacist Charged with 213 Counts of Insurance Fraud

For some people, one scam just isn’t enough.  A former Springfield pharmacist who pled guilty last year to federal conspiracy and unlawful distribution charges is now also facing over 200 counts of insurance fraud in Delaware County.

According to the Springfield Press, on October 27^th Thomas James Fortunato, 48, was arraigned by Magisterial District Judge Andrea Puppio on 213 felony counts each of insurance fraud and criminal use of a communications facility.

He was also charged with 10 felony counts each of theft by deception, theft by unlawful taking and receiving stolen property.

Fortunato, the former owner and operator of Squire Drugs, pleaded in June of 2010 to his role in an illegal prescription drug ring that put over 245,620 pills like Percocet and OxyContin on the streets in late 2008. Beginning last November, Fortunato was sentenced to nearly four years in prison.

But G. Michael Green, the Delaware County District Attorney, revealed that Fortunato was also allegedly billing Independence Blue Cross Insurance Co. for false prescriptions on the insurance plans of several customers between January of 2008 and September of 2010.

“While some of the customers did have legitimate prescriptions billed by Squire Drugs, Fortunato (allegedly) submitted additional bills to the insurance company for prescriptions that were not requested, nor ever received by his customers,” said Green.

According to an affidavit of probable cause that was written by Delaware County Detective John Hoffner, Springfield Township Health Officer Lorraine Devlin filed a complaint with Independence Blue Cross. The complaint was due to several claims that she discovered for unauthorized prescriptions, which were paid to Squire Drugs on her behalf.

Once the complaint was filed, it prompted an investigation from Independence Blue Cross Financial investigator Joseph Sheller.

According to the affidavit, Sheller found similar irregularities in the prescription histories of another Springfield Township employee, as well as Devlin’s family members and other Squire Drugs customers.

Hoffner stated that there were between 10 and 15 people that had unknowingly been used to file the false claims, several of which are detailed in the affidavit. In one instance, a man had seven unauthorized billings for two prescriptions between August of 2008 and October of 2009, for which Squire Drugs was paid over $13,550.

Fortunato also allegedly substituted the less effective over-the-counter drug Betaine for the prescription supplement Cystadane Powder for one customer at least 65 times dating back to October of 2006. Betaine and Cystadane are used to treat a condition linked to cardiovascular disease.

Green noted that he was not aware of any victims that have suffered any injuries due to Fortunato’s alleged actions.

Fortunato racked up $338,133 in the alleged scheme — $125,519 for 148 false prescription claims and $225,617 for the 65 Cystadane claims.

Green stated that Fortunato did later retract 15 false prescriptions totaling $13,000, but noted that he only did so after customers who were contacted as part of the investigation had confronted him.

“Several of the individuals in this case … are Delaware County seniors,” confirmed Green. “These senior citizens use their local pharmacies because they trust the pharmacist and the care they receive there. They believed in this case that their pharmacist, Fortunato, was interested in them. The reality is they placed their trust in him and he took advantage of them. He violated their trust.”

Green noted that no other insurance carriers or suspects have been identified.

Fortunato has a preliminary hearing set for November 3^rd before Puppio.