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WPCNR FBI WIRE. SPECIAL TO WPCNR From the Federal Bureau of Investigation. June 13, 2011: 

In another case involving prescription drugs distributed without prescriptions, Bharara announced SCOTT BURKO, 47, a pharmacist, of West Harrison, Westchester County, was sentenced today in White Plains federal court to two years in prison for participating in a conspiracy to dispense prescription drugs without valid prescriptions and dispensing prescription drugs unlawfully and with intent to defraud and mislead. United States District Judge KENNETH M. KARAS imposed the sentence.

In the insider trading conviction,

 BHARARA stated: “Zvi Goffer may have had a reputation in the hedge fund world for being ubiquitous, but today he, along with his brother Emanuel and Michael Kimelman, discovered they are not above the law. Since this case was first brought by this office, our prosecutions have been responsible for dismantling elaborate networks of corrupt executives who gamed the system, exploited their access to proprietary information, shirked their ethical responsibilities, and violated the law with impunity.

With today’s guilty verdicts, each and every one of the defendants originally arrested in the Galleon insider trading investigation now stands convicted. And we will continue to work tirelessly with our partners at the FBI to root out corporate corruption on Wall Street and to hold privileged professionals who gallop over the line accountable for their actions.”

According to the Superseding Indictment filed in Manhattan federal court, other court documents, and statements made during related court proceedings:

The defendants, along with their co-conspirators, including JASON GOLDFARB, who was an attorney in New York, New York; ARTHUR CUTILLO and BRIEN SANTARLAS, who were attorneys at the law firm of Ropes & Gray LLP in New York, New York; CRAIG DRIMAL, who worked in the office of the now-defunct Galleon Group (“Galleon”), but was not employed by Galleon; and DAVID PLATE, who worked as a proprietary trader at The Schottenfeld Group, operated an insider trading network through which ZVI GOFFER obtained, revealed, and traded on material, nonpublic information (the “Inside Information”) regarding mergers and acquisitions of public companies.

ZVI GOFFER and others paid sources, including CUTILLO and SANTARLAS, in exchange for Inside Information. In violation of their duties of confidentiality to Ropes & Gray and its clients, CUTILLO and SANTARLAS provided Inside Information about several mergers and acquisitions of public companies for which Ropes & Gray was providing legal services prior to the public announcements of the deals, as well as other information that they learned in the course of their employment at the law firm.

EMANUEL GOFFER and MICHAEL KIMELMAN, among others, received this Inside Information. For example, CUTILLO and SANTARLAS received cash payments for providing Inside Information concerning the acquisition of 3Com Corporation and Axcan Pharma, Inc., to GOLDFARB, who passed the Inside Information to ZVI GOFFER. GOFFER subsequently passed the Inside Information concerning 3Com to others, including EMANUEL GOFFER and MICHAEL KIMELMAN, who also earned profits trading on the information.

These defendants, along with their co-conspirators, DRIMAL and PLATE, traded hundreds of thousands of shares of stock based on the Inside Information and collectively earned millions of dollars in profits for themselves and their firms.

ZVI GOFFER, 34, of New York, New York, was convicted of two counts of conspiracy to commit securities fraud and 12 counts of securities fraud. EMANUEL GOFFER, 32, of New York, New York and MICHAEL KIMELMAN, 40, of Larchmont, New York, were each convicted of one count of conspiracy to commit securities fraud and two counts of securities fraud.

Each of the conspiracy counts carries a maximum sentence of five years in prison and a fine of the greater of $250,000 or twice the gross gain or loss from the offense. Each of the securities fraud counts carries a maximum sentence of 20 years in prison and a fine of $5 million or twice the gross gain or loss from the offense.

ZVI GOFFER is scheduled to be sentenced by Judge SULLIVAN on September, 21, 2011, at 2:00 p.m.

EMANUEL GOFFER is scheduled to be sentenced by Judge SULLIVAN on October 7, 2011, at 10:00 a.m.

MICHAEL KIMELMAN is scheduled to be sentenced by Judge SULLIVAN on October 7, 2011, at 2:00 p.m.

GOLDFARB, 32 of New York, New York; CUTILLO, 34, of Ridgewood, New Jersey; DRIMAL, 55, of Weston, Connecticut; PLATE, 36, of New York, New York; SANTARLAS, 34, of Hoboken, New Jersey; and SHANKAR, 36, have all previously pled guilty to conspiracy and securities fraud charges.

Mr. BHARARA praised the extraordinary work of the Federal Bureau of Investigation. He also thanked the SEC for its assistance in the investigation of this case.Assistant U.S. Attorneys ANDREW L. FISH and RICHARD C. TARLOWE are in charge of the prosecution.

In the prescription drugs sentencing today in White Plains,

In imposing the sentence on BURKO, Judge KARAS, citing the defendant’s “brazen and longstanding criminal conduct” and the fact that his conduct required “planning, guile, and attention to detail,” underscored the need to impose a sentence that would deter others from engaging in similar conduct.

On November 30, 2010, BURKO pled guilty to three counts of an Indictment. The first count to which BURKO pled guilty charged that BURKO participated in a conspiracy from at least 2003 through March 31, 2006, to cause the dispensing without valid prescriptions of prescription drugs held for sale after shipment in interstate commerce. According to the Indictment, BURKO worked as a pharmacist for a company that operated pharmacies in Rockland County, Orange County, Dutchess County, and Westchester County.

The second and third counts to which BURKO pled guilty charged that BURKO dispensed Prednisone on April 8, 2005, and March 31, 2006, pursuant to fraudulent prescriptions. As charged in the Indictment, on both occasions, BURKO dispensed Prednisone, a steroid, in 10 milligram tablets, pursuant to fraudulent prescriptions BURKO issued in the names of fictitious patients.

According to statements made by the Government during prior proceedings in this matter and in the Government’s submission filed in advance of the sentencing proceeding:

On 163 occasions, BURKO falsified pharmacy records and filled and dispensed Prednisone prescriptions for fictitious individuals. The dispensing of Prednisone pursuant to the fraudulent prescriptions was part of a larger scheme by which BURKO and at least one co-conspirator stole drugs from the pharmacies at which BURKO worked. Burko falsified pharmacy records to make it appear that he had received oral prescriptions (via telephone calls from doctors) for Prednisone for fictitious patients.·

BURKO then “filled” the false prescriptions and dispensed the medication to a co-conspirator, who came to the pharmacy to pick up the medication. When the co-conspirator left the pharmacy, he left with a bag containing the Prednisone, as well as numerous other medications.

In addition to his sentence of two years in prison, BURKO was also ordered to pay $400,000 in restitution. Judge KARAS also imposed a term of three years’ supervised release.

Mr. BHARARA praised the efforts of the Federal Bureau of Investigation in connection with this matter. Mr. BHARARA thanked the Clarkstown Police Department for its assistance in the investigation.

This case is being handled by the White Plains Division of the United States Attorneys Office. Assistant United States Attorney MARCIA S. COHEN is in charge of the prosecution.

WPCNR PHOTOGRAPHS OF THE DAY. June 13, 2011: 

Mayor Thomas Roach with Theresa Perry, and her two sons, David and John  unveiling the eternal remembrance of Detective Michael Perry Sunday renaming Court Street in his name.

One year ago Sunday, Officer Michael Perry died in the line of duty after chasing and arresting an alleged shoplifting suspect at the corner of Main Street and Court Street. After escorting the suspect back to police headquarters, officer Perry collapsed and died the first officer to die in the line of duty in White Plains in over twenty years.

Sunday over 100 police and public safety officers gathered to rename Court Street Detective Michael Perry Way in his honor. Here is how it looked as his parents, widow and children looked on, remembering, respecting, contemplative of what public safety officers put on the line for the community every day, and remembering a much-loved member of the department.

Mayor Thomas Roach awarded White Plains first-ever “Medal of Honor” to Theresa Perry, Sunday afternoon, with Commissioner of Public Safety David Chong. Mr. Roach, in his remarks said that Detective Perry “gave everything he had,”  and regretted that reckless acts by individuals often end up costing the lives of officers as was the case in Detective Perry’s heroic efforts.

An emotional Commissioner of Public Safety David Chong, delivered the following remarks  in Detective Perry’s honor:

“…Thank you White Plains Department of Public Safety, and especially thank you to the Perry Family.

One year ago today, we in Public Safety lost a hero, the City lost a valuable member of its staff, and the Perry family suffered the greatest lost as they lost a beloved one.

Today we gather here on the corner where that horrible day began, to pay homage to Detective Michael Perry. The corner of Main Street and Court Street in Downtown White Plains, the heart of this beautiful and vibrant city will always have a street signed, dedicated to our hero, Michael Perry.

Throughout the year, Detective Perry’s memory and sacrifice has been honored throughout the United States of America and the Law Enforcement profession. His name appears on the New York State Fraternal Order of Police Wall in Hicksville, Long Island, as well as the Memorial Wall in Albany, our State Capitol and on the National Police Officers Memorial Wall in Washington, D.C.

It is only fitting that his name will forever appear in the heart of the City in which he served with Pride, Integrity and Courage.

All these accolades and ceremonies are well befitting a hero, who gave the ultimate sacrifice. We must always remember to be thankful to the Perry family and as a City we always will.

At the end of the day, we must remember that Theresa is going home without a husband, David and John, without a father, and Patricia and Patrick without their son as well as his brother and sisters, friends and extended family without Michael.

I wish to thank the entire City Administration from Mayor Tom Roach, through the council, all city staff, my staff and everyone in the Department of Public Safety, the PBA, especially the Executive Board led by President Robert Riley and President Jim Carrier, for making this past year as bearable as possible.

Theresa, John, David, Patrick and Patricia, and the entire Perry Family and friends, as I promised a year ago, we will never forget our Hero Detective Michael Perry.  May God bless you all and always look over you. Always know that we will be there for you as Michael was there for us.”

The rememberers and Commissioner Chong were touched and brought to tears by NYPD Sergeant Michael Devine’s plaintive tenor voice softly rendering the song “Tell My Father,” from the play Civil War. It was evocative and invoked the never-ending sense of loss that the ceremony recognized.The Sergeant sang…

Tell my father that his son
Didn’t run, or surrender
That I bore his name with pride
As I tried to remember
You are judged by what you do
While passing through
As I rest ‘neath fields of green
Let him lean on your shoulder
Tell him how I spent my youth
So the truth could grow older
Tell my father when you can
I was a man
Tell him we will meet again
Where the angels learn to fly

[ From: http://www.metrolyrics.com/tell-my-father-lyrics-john-barrowman.html ]

Tell him we will meet as men
For with honor did I die
Tell him how I wore the Blue
Proud and true through the fire
Tell my father so he’ll know

I love him so
Tell him how I wore the blue

Proud and true like he taught Me
Tell my father not to cry
Then say goodbye