Day: January 28, 2021

Little Egg Harbor, Ocean County, Tuckerton

Fugitive From Justice Charged With Attempted Murder Apprehended In Atlantic City

January 28, 2021

Ocean County Prosecutor Bradley D. Billhimer has announced that Donald Rutter, 61, of Tuckerton, a fugitive from justice who was charged on January 6, 2021 with the Attempted Murder of Thomas Jarvis, 55, of Little Egg Harbor, was apprehended by the United States Marshals Service in Atlantic City on January 28, 2021.

On January 5, 2021, at approximately 7:30 p.m., Little Egg Harbor Township Police were dispatched to Jarvis Marine on Radio Road in response to a 911 call which related that an individual had been shot.  Responding Officers found Thomas Jarvis with an apparent gunshot wound to his midsection.  Mr. Jarvis was transported to AtlantiCare Regional Medical Center for treatment of his injuries.  He has since been released from the hospital and is reportedly recovering from his injuries.

An investigation by the Ocean County Prosecutor’s Office Major Crime Unit revealed that Rutter was, in fact, the individual who shot Mr. Jarvis.  An exhaustive search of the surrounding area by the Ocean County Prosecutor’s Office Major Crime Unit, Ocean County Prosecutor’s Office High Tech Crime Unit, Little Egg Harbor Township Police Department, Ocean County Prosecutor’s Office Regional SWAT Team, New Jersey State Police, New Jersey State Park Police, United States Marshals Service, Ocean County Sheriff’s Office, and Tuckerton Police Department, was unsuccessful in locating Rutter in the immediate aftermath of the shooting.  As such, a warrant was issued for Rutter’s arrest charging him with Attempted Murder in violation of N.J.S.A. 2C:5-1a(1) and N.J.S.A. 2C:11-3a(1), as well as Possession of a Weapon for an Unlawful Purpose in violation of N.J.S.A. 2C:39-4a(1).

On January 28, 2021, Rutter was ultimately located in Atlantic City and taken into custody, without incident, by the United States Marshals Service.  He is currently lodged in the Ocean County Jail pending a detention hearing.

“I am extremely thankful for the outstanding teamwork exhibited by all the law enforcement agencies involved in locating Rutter.  This is a prime example of law enforcement at its best, with our partners at the local, county, state, and federal levels coming together – working tirelessly for more than three weeks – to capture a fugitive from justice. Their collaboration and perseverance certainly paid off today, as Rutter is now lodged in the Ocean County Jail,” Prosecutor Billhimer stated.

Prosecutor Billhimer would like to acknowledge the Ocean County Prosecutor’s Office Major Crime Unit, Ocean County Prosecutor’s Office High Tech Crime Unit, Little Egg Harbor Township Police Department, Ocean County Prosecutor’s Office Regional SWAT Team, New Jersey State Police, New Jersey State Park Police, United States Marshals Service, Ocean County Sheriff’s Office, Ocean County Sheriff’s Office Crime Scene Investigation Unit, and Tuckerton Police Department for their collective efforts in connection with this investigation resulting in Rutter’s apprehension.

The press and public are reminded that all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

  • Donald Rutter, 61, of Tuckerton
Donald Rutter, 61, of Tuckerton, a fugitive from justice who was charged on January 6, 2021 with the Attempted Murder of Thomas Jarvis, 55, of Little Egg Harbor, was apprehended by the United States Marshals Service in Atlantic City on January 28, 2021.

Carteret, Middlesex County

Carteret Township man charged with voter fraud

January 28, 2021

Published by: Tyler Eckel

CARTERET TOWNSHIP (MIDDLESEX)– Middlesex County Prosecutor Yolanda Ciccone announced today that a
Carteret man has been charged with fraudulent voting.

Frederick Gattuso, 43, of Carteret was arrested without incident and
charged with one count of third-degree fraudulent voting.

Gattuso was charged following an investigation by Detective Ryan Tighe
of the Middlesex County Prosecutor’s Office, which determined Gattuso voted
twice in November’s General Election as different people with similar names.
Gattuso is pending an initial appearance in Superior Court on March 4,
2021.

The investigation is active and is continuing. Anyone with information is
asked to contact Detective Tighe at (732) 745-4335.

As is the case with all criminal defendants, the charge against Gattuso is
merely an accusation and he is presumed innocent until proven guilty.

Hopewell, Mercer County

Mercer County Narcotics Task Force Investigation Leads to Three Arrests, 11 Guns and Methamphetamine

January 28, 2021

Published by: Tyler Eckel

HOPEWELL TOWNSHIP (MERCER)– The Mercer County Narcotics Task Force (MCNTF) concluded a month-long investigation  this week with three arrests and the seizure of 11 guns, high-capacity rifle magazines,  hundreds of rounds of ammunition and approximately $1,000 in methamphetamine,  Mercer County Prosecutor Angelo J. Onofri reported. 

At approximately 5:45 p.m. on Wednesday, January 27, members of the New Jersey  State Police TEAMS Unit, the Mercer County Prosecutor’s Office, the Mercer County  Sheriff’s Office, the Hamilton Township Police Division, the Trenton Police Department,  the Drug Enforcement Administration and U.S. Homeland Security Investigations, under  the command of the prosecutor’s Special Investigations Unit, executed a search warrant  for the residence of 255 Route 31 Northbound in Hopewell. During the search warrant  execution, residents Charlene Else and Carmen Morelli were located and detained in the  rear yard. Bobbi Lynn Sensinger, also a resident, was located and detained in the second  floor front bedroom. 

A subsequent search of the residence revealed eight long guns and three handguns,  including a loaded Browning Arms .22 caliber rifle, a loaded Winchester Model 94 3030  lever action rifle, a 12-gauge shotgun, a Winchester Model 1917 bolt action rifle, an Iver  Johnson 12-guage single shot shotgun, a Remington Model S12 bolt action .22 caliber  rifle, an Ithaca double barrel 12-gauge shotgun, a Marlin bolt action Model SS 12-gauge

shotgun, a Haus Firearm Company .22 caliber revolver handgun, a loaded Raven Arms  MP-25 handgun and a Para Ha semi-automatic handgun.  

Detectives also seized seven 30-round AR style rifle magazines, hundreds of rounds of  assorted ammunition, 10 grams of methamphetamine with an approximate street value  of $1,000, drug packaging materials and $2,150 in cash. 

Else, 58, Morelli, 45, and Sensinger, 45, were each charged with numerous narcotic- and  weapons-related offenses, and lodged at the Mercer County Correction Center pending  future court proceedings. 

Despite having been charged, all persons are presumed innocent until found guilty  beyond a reasonable doubt in a court of law. 

  • Charlene Else
  • Carmen Morelli
  • Bobbi Lynn Sensinger
State of NJ

Assemblyman Dancer’s “Trunk Fighting” Animal Cruelty Bill Advances

January 28, 2021

TRENTON, NJ (MERCER)–Assemblyman Ron Dancer is putting the brakes on an animal cruelty trend that involves locking up dogs in trunks of cars and having them fight to the death. His bill released by the Assembly Agriculture Committee yesterday bans ‘trunk fighting’ and makes it a third-degree animal cruelty offense.
 
“Pitting two animals against each other in a fight to the death for money is sickening enough. Now these criminals have gone mobile,” said Dancer (R-Ocean). “They have taken their gambling rings on the road in order to avoid raids by law enforcement.”
 
Trunk fighting, which began as a fad in Florida, involves placing two dogs or other animals in the trunk of a car, and then aggravating them with loud music or other measures to provoke them to fight. Bettors wager on which animal will come out alive or the least injured. The fights often last until one of the animals is killed, while any animal that survives is likely to be used again in another fight.
 
“We have to send a clear message to these criminals that New Jersey has no tolerance for such depravity. They will face strict penalties if they are caught engaging in this reprehensible act,” said Dancer. 
 
Dancer’s bill (A3231) criminalizes the conduct of trunk fighting, making offenses punishable by fines up to $15,000 and three to five years in prison.

Burlington, Burlington Twp

Burlington Township Doctor Sentenced To 33 Months In Prison For $24 Million Telemedicine Scheme

January 28, 2021

NEWARK, N.J. – A Burlington County, New Jersey, doctor was sentenced today to 33 months in prison for his role in a telemedicine scheme to prescribe expensive compounded medications to patients who did not need them, Acting U.S. Attorney Rachael A. Honig announced.

Bernard Ogon, 48, of Burlington Township, New Jersey, previously pleaded guilty before U.S. District Judge John Michael Vazquez in Newark federal court to one count of health care fraud conspiracy. Judge Vazquez imposed the sentence today by videoconference.

According to documents filed in this case and statements made in court:

Ogon admitted he signed prescriptions for compounded medications (medications with ingredients of a drug tailored to the needs of a particular patient) without having established a doctor-patient relationship, spoken to the patient or conducted any medical evaluation. Ogon often signed preprinted prescription forms – with patient information and medication already filled out – where all that was required was his signature. Then, instead of providing the prescription to the patient, Ogon would return the prescriptions to specific compounding pharmacies involved in the conspiracy. Ogon was paid $20 to $30 for each prescription he signed, and his participation in the conspiracy caused losses to health care benefit programs of over $24 million, including losses to government health care programs of over $7 million.

In addition to the prison term, Judge Vazquez sentenced Ogon to three years of supervised release and ordered restitution of $24.3 million and forfeiture of $75,000.

Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr.; the Defense Criminal Investigative Service, under the direction of Special Agent in Charge Patrick J. Hegarty, and special agents of the Department of Health and Human Services, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to today’s sentencing.

The government is represented by Jason S. Gould, Acting Chief of the Violent Crimes Unit of the U.S. Attorney’s Office in Newark.

20-031

Defense counsel: Daniel M. Rosenberg Esq., Mount Holly, New Jersey

Edison, Middlesex County, Ocean County, Toms River

Edison And Toms River Residents Arrested And Charged In $4.5 Million Health Care Fraud Conspiracy

January 28, 2021

TRENTON, NJ (MERCER) – Three New Jersey residents were arrested today for allegedly participating in a long-running scheme to defraud the New Jersey Traumatic Brain Injury Fund (TBI Fund), a publicly funded health care benefit program, of more than $4.5 million, Acting U.S. Attorney Rachael A. Honig announced.

Harry Pizutelli, 62, of Edison, New Jersey, and C.R. Kraus, 55, and Maritza Flores, 43, both of Toms River, New Jersey were arrested by special agents of the FBI and IRS this morning and are charged by criminal complaint with conspiracy to commit health care fraud. They are scheduled to appear later today by videoconference before U.S. Magistrate Judge Tonianne J. Bongiovanni.

According to documents filed in this case and statements made in court:

The TBI Fund is a publicly funded program run by the New Jersey Division of Disability Services, a component of the New Jersey Department of Human Services. The TBI Fund’s purpose is to provide New Jersey residents who have suffered a traumatic brain injury with services and support in order to maximize their quality of life when funding from insurance, personal resources, or other programs is unavailable to meet their needs. Services funded by the TBI Fund include physical, occupational, and speech therapy; service coordination; assistive technology; cognitive therapy; neuropsychological services; pharmaceuticals; wheelchair ramp installation and other home modifications; and general home management and maintenance.

After a prospective patient applies for services, TBI Fund personnel review the application and, if approved, the patient is authorized to secure designated services from a third-party vendor. Once a patient receives services approved by the TBI Fund, the vendor or service provider submits an invoice to the TBI Fund for payment. When an invoice is received, TBI Fund personnel review the invoice to ensure that the patient had been approved to receive the services. If the invoice is approved, an internal payment voucher is generated, authorized by TBI Fund personnel, and then submitted to the New Jersey Department of the Treasury for payment, which issues a check directly to the vendor.

Pizutelli was the manager of the TBI Fund and was responsible for the its day-to-day operation. He supervised, managed, and oversaw the process by which third-party vendors were paid for services rendered to eligible TBI Fund patients. From 2009 through June 2019, Pizutelli, Kraus, Flores, and others conspired to defraud the TBI Fund by misappropriating more than $4.5 million in fraudulent vendor payments for purported services that were never actually provided. Pizutelli orchestrated the distribution of fraudulent vendor payments to Kraus, Flores, and others by generating and processing false invoices and internal payment vouchers. Pizutelli generated these invoices and vouchers to give the appearance that Kraus, Flores, and other conspirators had provided approved services to eligible patients when, in fact, they had not provided any services. Pizutelli then approved and transmitted the internal payment vouchers so that his conspirators received vendor payments even though they had performed no services to eligible patients. Pizutelli orchestrated these fraudulent payments to maintain and further romantic and/or sexual relationships with Flores and other conspirators.

Pizutelli orchestrated the fraudulent payment of more than $4.5 million from the TBI Fund to members of the conspiracy, including more than $4 million in fraudulent distributions to Kraus and Flores, which they used for their own personal benefit and enrichment. To obscure their fraudulent conduct, Kraus and Flores also made material misstatements on their federal income tax returns, by significantly underreporting the income they had derived from the fraudulent scheme.

The health care fraud conspiracy charge carries a maximum penalty of 20 years in prison and of $250,000 or twice the gross receipts to the defendants or gross loss sustained by any victims, whichever is greater.

Acting U.S. Attorney Honig credited special agents of the FBI, Newark Division, Red Bank Resident Agency, under the direction of Special Agent in Charge George M. Crouch Jr., and special agents of the IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to the charges. She also thanked the New Jersey Attorney General’s Office, Division of Law, and the New Jersey Department of Human Services, for their assistance.

The government is represented by J. Brendan Day, Attorney-in-Charge of the Trenton Branch Office of the U.S. Attorney’s Office.

The charges and allegations contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.

21-034

Defense counsel:
Pizutelli – Benjamin West Esq., Assistant Federal Public Defender, Trenton
Kraus – Bruce L. Throckmorton Esq., Trenton
Flores – Aidan P. O’Connor Esq., Hackensack, New Jersey