Illegal Drug Kickback Lawsuit Names Wethersfield Man

HARTFORD, CT — A kickback pyramid scheme involving a Florida-based compounding pharmacy and several individuals, including former and current Connecticut state employees whose prescription drug costs are covered by the taxpayer-funded Connecticut Pharmacy Benefit Plan, has prompted a lawsuit to be filed, according to a written statement from Connecticut Attorney General George Jepsen.

The lawsuit alleges that Assured Rx, a Florida compounding pharmacy that holds a non-resident pharmacy license in Connecticut, conspired with Nicholas Maulucci of Simsbury, a retired employee of the state Department of Corrections, and his former spouse, Lisette Maulucci – also known as Lisette Martinez – currently of Springfield, Mass., in a scheme to file false claims with the Connecticut Pharmacy Benefit Plan, which provides prescription drug benefits to enrolled state employees and eligible family members, Jepsen said.

Assured Rx allegedly paid the Mauluccis kickbacks for their own compound drug prescriptions and those of other Pharmacy Benefit Plan members they recruited into the scheme. In turn, these other individuals – several of whom are named as defendants – received payments from the Mauluccis in the manner of a classic pyramid scheme, Jepsen said.

The kickbacks were allegedly paid out of reimbursements Assured Rx received from the Pharmacy Benefit Plan for dispensing the compound drug products. The Mauluccis formed NLM, LLC, a limited liability company registered in Florida, for the alleged purpose of funneling the kickback payments. The total cost to the Pharmacy Benefit Plan for prescriptions related to this alleged scheme was approximately $10,911,051, Jepsen said.

During the time period relevant to the complaint, the state alleges that fraudulent payments through the illegal scheme cost the Pharmacy Benefit Plan $394,403 for prescriptions for Nicholas Maulucci and $442,477 for prescriptions for Lisette Maulucci. The Mauluccis and NLM allegedly received a total of $2,655,958 in compensation for their role in the scheme. The Mauluccis in turn used a portion of those funds to pay kickbacks to the other individuals they recruited into the scheme, according to Jepsen.

Jepsen said Assured Rx, Nicholas Maulucci, Lisette Maulucci and NLM LLC are named as defendants in the litigation. Additional defendants named in the lawsuit are:

• Carol Boardman-Scruse of Bloomfield, an employee of the state Department of Developmental Services, is alleged to have cost the Pharmacy Benefit Plan a total of $317,791 in prescriptions for herself and a family member, and was allegedly paid $27,500 for her role in the scheme.
• Ricardo Collazo of Bloomfield, a retiree of the state Department of Correction (DOC), is alleged to have cost the Pharmacy Benefit Plan a total of $615,366 in prescriptions for himself and a family member, and was allegedly paid $24,600 for his role in the scheme.
• James Corcoran of Wethersfield, a DOC retiree, is alleged to have cost the Pharmacy Benefit Plan a total of $231,850 in prescriptions for himself, and was allegedly paid $12,000 for his role in the scheme.
• Benjamin Franco of East Haven, a DOC retiree, and his spouse, Jill Franco, are alleged to have cost the Pharmacy Benefit Plan a total of $524,542 in prescriptions for themselves and a family member, and Jill Franco was allegedly paid $27,700 for their role in the scheme.
• Paul Germano of Berlin, a DOC retiree, is alleged to have cost the Pharmacy Benefit Plan a total of $241,437 in prescriptions for himself and family members, and was allegedly paid $19,000 for his role in the scheme.
• Edward Heller of Enfield, a DOC retiree, is alleged to have cost the Pharmacy Benefit Plan a total of $282,229 in prescriptions for himself and a family member, and was allegedly paid $17,500 for his role in the scheme.
• Joseph Heller of Enfield, a DOC retiree, is alleged to have cost the Pharmacy Benefit Plan a total of $377,345 in prescriptions for himself and family members, and was allegedly paid $15,500 for his role in the scheme.
• Francis Mancini of Southwick, Mass., a DOC retiree, and his spouse, Sarah Mancini, are alleged to have cost the Pharmacy Benefit Plan a total of $ 525,307 in prescriptions for themselves, and were allegedly paid a total of $47,400 for their role in the scheme.
• Todd Sokolowski of Stafford Springs, a DOC retiree, is alleged to have cost the Pharmacy Benefit Plan a total of $380,304 in prescriptions for himself and a family member, and was allegedly paid $16,900 for his role in the scheme.
• Todd Vining of Enfield, a DOC retiree, is alleged to have cost the Pharmacy Benefit Plan a total of $561,643 in prescriptions for himself and a family member, and was allegedly paid $17,800 for his role in the scheme.
• Joyce Wright of East Longmeadow, a DOC retiree, is alleged to have cost the Pharmacy Benefit Plan a total of $270,578 in prescriptions for herself, and was allegedly paid $14,000 for her role in the scheme.

Additionally, Nicholas and Lisette Maulucci and their company, NLM, allegedly used other marketers who are not named as defendants who also arranged for prescriptions of Assured Rx compound prescription drugs for themselves as well as for certain covered family members and others. The state alleges that these marketers are alleged to have cost the Pharmacy Benefit Plan a total of $5,745,773 in prescriptions and were allegedly paid $230,764 for their roles in the scheme. Legal action against these or other culpable individuals is possible as the state's investigation proceeds, Jepsen said.

"The fraud we are alleging in this lawsuit is simply egregious," Jepsen wrote in the statement. "Our investigation has developed evidence that we believe clearly shows how a number of former and current state employees, led by Nicholas and Lisette Maulucci, defrauded the state employee pharmacy plan to the tune of millions of dollars in exchange for their receipt of kickbacks from Assured Rx for these extremely expensive compounded drugs. My office will continue to aggressively investigate and hold accountable those who seek defraud Connecticut's taxpayers by filing false claims in our employee and public healthcare programs."

In a written statement, Gov. Dannel P. Malloy said, “These allegations are deeply troubling and completely unacceptable. If proven true, they run afoul of the very core of what it means to be a public servant. Working for the people of Connecticut necessarily means that one’s conduct comports with the highest standard of integrity, honesty, and professionalism. While the investigation remains ongoing into these specific allegations, it is understandably a grave disappointment and distressing when a current or former state employee fails to meet these expectations. We also firmly believe that anyone who is guilty of defrauding the taxpayers must be held fully accountable. To that end, my administration stands ready to fully assist the Attorney General in their investigation and will continue to work to protect against such abuse.”

Photo credit: Tim Jensen

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