Philadelphia Doctor to Surrender Medical License, Pay $107k Penalty for Improper Opioid Prescriptions

PHILADELPHIA – United States Attorney William M. McSwain announced today that Richard Ira Mintz, D.O., a Philadelphia-area doctor, has agreed to surrender his ability to practice medicine and pay a $107,584 penalty for prescribing OxyContin (oxycodone) and Xanax (benzodiazepine) to patients without a legitimate medical purpose. Dr. Mintz agreed to do so through a settlement agreement resolving the government’s civil claims against him under the Controlled Substances Act.

The settlement agreement arises from thirteen prescriptions that Dr. Mintz wrote between 2016 and 2018. Dr. Mintz allegedly sold these prescriptions for cash without any legitimate medical purpose and outside the usual course of his professional practice.

In March 2019, Dr. Mintz pleaded guilty to eight criminal counts of unlawfully distributing some of these prescriptions;this civil resolution encompasses additional prescriptions. The civil resolution also requires Dr. Mintz to pay the $107,584 monetary penalty, consent to a term of exclusion from federal health care programs, and give up his ability to practice medicine. To ensure that Dr. Mintz does not resume practicing medicine, he agreed to surrender his medical license and Drug Enforcement Administration Certificate of Registration and further agreed not to seek to renew or reinstate either one in the future.

The criminal case was prosecuted as part of a regional Medicare Fraud Strike Force that operates in the Eastern District of Pennsylvania and the District of New Jersey. The Strike Force is a joint initiative between the Department of Justice and Department of Health and Human Services to focus their efforts to prevent and deter fraud, and enforce current anti-fraud laws around the country.

“This dual civil and criminal resolution is the latest example of how we will use all appropriate tools, both civil and criminal, to hold accountable anyone who breaks the law,” said U.S. Attorney McSwain. “By working together on parallel tracks, as appropriate, we can ensure an efficient administration of justice and a complete remedy for the harm. The public deserves nothing less.”

The claims resolved by the settlement are allegations only; there has been no determination of liability.

Assistant United States Attorney Michael S. Macko handled the civil case, working in parallel with Trial Attorney Adam Yoffie of the Criminal Division’s Fraud Section who handled the criminal matter.