“Defendant Prescribed Narcotics to Patients Without a Legitimate Medical Purpose in Exchange for Cash Payments.”
May 18, 2021
BY: Jacqueline Desrosiers
TRUENEWSBLOG- Earlier today, in federal court in Brooklyn, Kesler Dalmacy, a medical doctor, pleaded guilty to illegal distribution of controlled substances. Dalmacy, who operated his medical practice out of an office in East Flatbush, prescribed narcotics to patients outside the course of his professional practice that lacked a legitimate medical purpose in exchange for cash payments. The proceeding was held before United States District Judge Ann M. Donnelly.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Dermot F. Shea, Commissioner, New York City Police Department (NYPD), and Kevin P. Bruen, Acting Superintendent, New York State Police (NYSP), announced the guilty plea.
“The defendant, a medical doctor who swore an oath to do no harm, spread the scourge of addiction in our communities by writing bogus prescriptions for personal profit,” stated Acting United States Attorney Lesko. “This Office, in partnership with the DEA, HSI, NYPD and NYSP, will spare no effort in combatting the illegal distribution of addictive drugs, and in holding medical professionals like the defendant accountable to the fullest extent of the law.” Mr. Lesko also thanked the U.S. Department of Health and Human Services (HHS) and the New York State Department of Health’s Bureau of Narcotic Enforcement for their assistance during the investigation.
“Another day, another doctor disguised as a drug dealer. The defendant not only prescribed highly addictive controlled substances without a legitimate medical need, but also went out of his way to attempt to evade law enforcement. Today’s plea demonstrates that the defendant is taking responsibility for betraying the trust of his patients, his community, and his oath,” stated DEA Special Agent-in-Charge Donovan. “I commend the New York Division, Organized Crime Drug Enforcement Strike Force, Tactical Diversion Squad, the U.S Attorney’s Office for the Eastern District of New York, and our many law enforcement partners for their dedication, hard-work, and attention to the investigation and prosecution of this defendant.”
“The opioid epidemic our country continues to battle is exacerbated when unscrupulous individuals seek to profit from those struggling with addiction,” stated HSI Special Agent-in-Charge Fitzhugh. “The defendant exploited the weaknesses of fellow human beings in order to line his own pockets. HSI and our law enforcement partners remain steadfast in our pursuit to safeguard the public and hold individuals like Dr. Dalmacy accountable.”
“The primary work of a medical practitioner is to help patients. The work of this doctor did nothing but harm his victims, with no regard for their health. By taking payment for prescriptions, Dr. Dalmacy put his patients and the community he served at risk. I thank our law enforcement partners involved in this investigation, and together we will work to keep drugs off our streets, prevent prescription drug abuse and senseless deaths,” stated NYSP Acting Superintendent Bruen.
As set forth in the criminal complaint and court filings, between January 2014 and February 2020, Dr. Dalmacy illegally prescribed to patients thousands of pills of highly addictive controlled substances, including Adderall and Vicodin, in exchange for cash payments. Dr. Dalmacy wrote these prescriptions outside the course of his professional practice and without a legitimate medical purpose. To conceal the unauthorized prescriptions from law enforcement and oversight agencies, Dr. Dalmacy postdated prescriptions and provided multiple prescriptions to the same individual under different or fictitious names.
The arrest of Dr. Dalmacy is the result of an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York and the DEA. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the NYPD and the New York State Police, along with other key federal, state and local government partners, launched the Initiative to mount a comprehensive response to what the HHS Centers for Disease Control and Prevention called an epidemic increase in the abuse of so-called opioid analgesics.
To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 20 health care professionals; taken civil enforcement actions against a hospital, a pharmacy and pharmacy chain; removed prescription authority from numerous rogue doctors; and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers.
The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being prosecuted by Assistant United States Attorneys Julia Nestor and Dylan A. Stern.