Oxycontin News Blog

BOSTON, Nov. 3 /PRNewswire/ -- A Marlboro man, his wife and father have been arrested on charges of conspiring to obtain controlled substances by fraud.

United States Attorney Michael J. Sullivan and Mark Dragonetti, Resident Agent in Charge of the Office of Criminal Investigations for the Food and Drug Administration, announced an Indictment charging MAXIMANO SILVA, age 32, of Marlboro, Massachusetts, his wife, CRYSTAL SILVA, age 31, also of Marlboro, Massachusetts, and MAXIMANO SILVA's father, JOSE DASILVA, age 57.

Specifically, all three defendants are charged with 1 count of Conspiring to Obtain Controlled Substances by Fraud, as well as in 3 counts of Obtaining Controlled Substances by Subterfuge. MAXIMANO SILVA is charged with a separate count of Conspiring to Obtain Controlled Substances by Fraud, 10 additional counts of Obtaining Controlled Substances by Subterfuge, 4 counts of Healthcare Fraud, 3 counts of Identity Theft and 2 counts of Aggravated Identity Theft.

According to the Indictment, MAXIMANO SILVA forged numerous prescriptions to obtain pain medications such as Oxycontin, Percocet, Roxicet and Klonopin, drugs which are widely abused. He was aided in this by CRYSTAL SILVA and JOSE DASILVA.

In creating and passing the forged prescriptions, the Indictment alleges that MAXIMANO SILVA used the names of persons without lawful authority, such as patients and the prescribing doctors, in violation of federal identity theft law.

CRYSTAL SILVA self-surrendered to authorities on Tuesday, November 1, 2005 and JOSE DASILVA self-surrendered on Wednesday, November 2, 2005. Both defendants were released from custody following arraignments. MAXIMANO SILVA was arrested in the evening of Wednesday, November 2, 2005, and remains in federal custody at this time.

Upon conviction, the maximum sentence for Conspiring to Obtain Controlled Substances by Fraud is 4 years in prison and a $250,000 fine; 4 years in prison and a $250,000 fine on each of the Obtaining Controlled Substances by Subterfuge charges; 10 years in prison and a $250,000 fine on each of the Healthcare Fraud charges; 20 years in prison and a $250,000 fine on each of the Identity Theft charges; and 2 years in prison to be served consecutively to any other prison term imposed and a $250,000 fine on each of the Aggravated Identity Theft charges.

The investigation leading to the Indictment was conducted by the Office of Criminal Investigations of the Food and Drug Administration, with assistance from the Hudson Police Department and the Massachusetts State Auditor's Bureau of Special Investigations. The case is being prosecuted by Assistant U.S. Attorney Thomas E. Kanwit of Sullivan's Health Care Fraud Unit.

The allegations contained in the Indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This is cache, read story here