U.S. Attorney’s Office
District of Connecticut
(203) 821-3700
August 6, 2014

Doctor Who Illegally Prescribed Narcotics is Sentenced

Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that Dr. JAMES W. MARSHALL, JR., 59, of Orange, who pleaded guilty in 2011 to conspiring to illegally distribute prescription narcotics, was sentenced yesterday by U.S. District Judge Stefan R. Underhill in Bridgeport.

According to court documents and statements made in court, MARSHALL, a doctor of osteopathic medicine, operates Immediate Medical Care, a walk-in clinic in Monroe. MARSHALL’s associate, Francisco Carbone, had been licensed to practice medicine until March 2005 when his license was revoked by the State of Connecticut. After his license was revoked, Carbone continued to act as a treating physician for patients. Between November 2006 and January 2012, at Carbone’s request, MARSHALL wrote prescriptions for pain medication, including oxycodone and hydrocodone, for Carbone’s patients without personally meeting, examining, or consulting with the patients. MARSHALL wrote 144 prescriptions for more than 4400 pills for Carbone’s patients.

On March 1, 2011, MARSHALL pleaded guilty to one count of conspiring to distribute controlled substances outside the scope of the usual course of professional practice. Yesterday, MARSHALL was ordered to pay a fine in the amount of $5,000. Although the government argued for a term of incarceration, Judge Underhill indicated that leniency was appropriate in light of significant collateral consequences suffered by MARSHALL as a result of his conviction, and that he had been under court supervision for more than three years without incident.

MARSHALL has surrendered his license to prescribe narcotics. Carbone pleaded guilty to his role in this scheme and a related insurance fraud scheme and, on July 18, 2014, he was sentenced to 24 months of imprisonment.

This matter was investigated by the Federal Bureau of Investigation, with the assistance of the National Insurance Crime Bureau, the Metropolitan Property and Casualty Insurance’s Special Investigation Unit and the Travelers Insurance Company.

The case was prosecuted by Assistant U.S. Attorneys Christopher W. Schmeisser and David J. Sheldon.

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