Former Physician Assistant And Registered Nurse Plead Guilty To Conspiracy And Opioid Diversion Charges

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew Dows, age 39, and Robert Garofalo, age 31, both of Mechanicsburg, Pennsylvania, pleaded guilty on October 1, 2018, before Chief United States Magistrate Judge Susan E. Schwab to one count of conspiracy to commit health care fraud and one count of obtaining controlled substances by deception.

According to David J. Freed, Dows, a Physician’s Assistant, and Garofalo, a Registered Nurse, conspired between February 2017 and March 2018 to obtain more than 7,470 medically unnecessary oxycodone pills and 1,620 medically unnecessary morphine pills.

A total of 67 prescriptions were issued by Dows for Garofalo and two other unidentified individuals without the other individuals’ knowledge or consent. Dows and Garafalo then filled all of the prescriptions at local pharmacies and converted the controlled substances to their own use. 

Dows was terminated from his employment as a Physician Assistant at Pinnacle’s Health’s Fisher Road Office in Mechanicsburg on January 5, 2018.  After Dows’ termination, he wrote 11 more prescriptions for oxycodone and morphine on counterfeit Pinnacle prescription forms. Under Pennsylvania law, a Physician Assistant may not legally write a prescription if he is not under the supervision of a physician.

The matter was investigated by the Harrisburg Office of the Drug Enforcement Administration. Assistant U.S. Attorney Kim Douglas Daniel is prosecuting the case.         

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #