East Brunswick Physician Convicted Of Practicing Without A License

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NEW BRUNSWICK—An East Brunswick doctor was convicted Friday of charges including practicing medicine without a license and stealing $122,000 from Medicare and about $28,000 from other medical insurance carriers, Middlesex County Prosecutor Bruce J. Kaplan announced.

In addition to practicing medicine without a license, Benjamin Levine, 69, was found guilty of theft by deception, two counts of falsifying records and insurance fraud.  A jury deliberated more than five hours before returning the guilty verdicts at the Middlesex County Courthouse in New Brunswick.

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At the request of Middlesex County Assistant Prosecutor Brian D. Gillet, Superior Court Judge Lorraine Pullen revoked Levine’s bail. He is being held at the Middlesex County Adult Correction Center to await sentencing.

Levine is facing 21½ years in a New Jersey state prison when he is sentenced on Dec. 11, 2009, authorities said.

Levine was arrested on Dec. 9, 2005 at his medical office at 3 Cornwall Drive in East Brunswick following an investigation by Sgt. Daniel DelBagno, Investigator Robert Torrisi, Investigator Michael Daniewicz and now-retired Investigator Mark Bertelson, all of the Middlesex County Prosecutor’s Office.

During an 11-day trial, Gillet presented evidence and testimony showing that Levine continued to practice medicine between July 2003 and December 2005, despite a warning from the New Jersey Board of Medical Examiners that the law required him to have medical malpractice insurance. Without the insurance, the board suspended his license.

Levine also continued receiving payments from Medicare and other insurance companies totaling approximately $150,000.

In addition, Levine sent in a false application to the U.S. Drug Enforcement Administration in March 2005, claiming he was a licensed physician, enabling him to obtain a DEA identification number and continue prescribing medicine.

In July 2006, Levine applied for medical malpractice insurance, but failed to disclose that he had been indicted.

The jury acquitted Levine of a count of tampering with records that were being sought during the police investigation, and he was acquitted of a count of witness tampering, in which it was alleged that he told an office worker not to cooperate with investigators, authorities said.


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