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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

Wednesday, March 25, 2015

Rochester Attorney Sentenced For Obtaining A Controlled Substance By Misrepresentation

CONTACT:   Barbara Burns     
PHONE:      (716) 843-5817
FAX:         (716) 551-3051

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Salvatore J. Marcera, Jr., 54, of Rochester, NY, who was convicted of obtaining a controlled substance by misrepresentation, was sentenced to three years probation by U.S. District Judge Frank P. Geraci, Jr. Marcera also was ordered to pay restitution to Excellus BlueCross BlueShield in the amount of $1,965.71.

Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that on July 28, 2006, the defendant was a sole practitioner attorney in Rochester. Marcera obtained prescriptions from a medical doctor, including OxyContin and Roxycodone, both of which contain oxycodone, a Schedule II controlled substance. The defendant did this on behalf of his brother, who was incarcerated in the Monroe County Jail at the time. In order to obtain the prescriptions, Marcera claimed that the drugs were medically necessary for his brother, knowing that in fact the prescriptions were not medically necessary.

After obtaining the prescriptions, the defendant then gave them to another family member knowing that family members would arrange to have the prescriptions filled at a pharmacy on behalf of Marcera’s brother. The prescriptions were subsequently filled at a pharmacy and paid for by Excellus BlueCross BlueShield.

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. The defendant was sentenced in March 2014 to five years of probation, including one year of home confinement, on the tax charges. Marcera also was ordered to pay restitution to the Internal Revenue Service in the amount of $104,074.

As part of the sentencing proceeding, Marcera reported to the Court that his law license has been suspended and that he is subject to further disciplinary proceedings in May 2015 before the Appellate Division, Fourth Judicial Department of the Supreme Court of the State of New York.

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, and the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Thomas F. O’Donnell, as well as Investigators from the New York State Insurance Department's Frauds Bureau, under the direction of Frank Orlando.

Updated March 27, 2015