New Charges Against Boca Doctor In Pill Mill Sting

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Dr. Mark Cukierman, Courtesy Palm Beach County Jail.

UPDATE: Friday, 9:44a: We have received a press release from the Statewide task force. See below.
BOCA RATON, FL (BocaNewsNow.com) — Dr. Mark Cukierman — facing federal charges of racketeering and delivery of a controlled substance following a DEA investigation, is now facing new charges from the Palm Beach County Sheriff’s Office.
Cukierman, of Fenwick Place in Boca, was arrested by PBSO and charged with operating a non-registered pain clinic, delivering opium, and several other drug-related charges. He is being held without bond.
Here is the press release issue Friday morning:

This investigation by the was initiated in May of 2011 after receiving a complaint from the Florida Department of Health indicating the possibility that Boca East Pain Management (Clinic) formally located in Boca Raton was operating without a license.  Boca East Pain Management’s license was revoked in 2010. Throughout the investigation medical and medical business related documents for Boca East Pain Management were obtained.  These items were under the control of Boca East’s owner Dr. Henry Battagliola.  A review of these items in addition to other court ordered subpoenaed records indicated that the practice of improper ordering and transferring of controlled substances, operating and managing a non-registered Pain Clinic, and prescribing/dispensing (directly or otherwise) controlled substances had taken place on numerous instances before, during, and after the revocation of the business’ license.  Per Florida State Statutes said Clinic (Boca East PMC) was to be owned by a licensed physician under chapters 458 and 459, or a group of physicians, each being licensed under chapter 458 or 459.  Battagliola, a licensed chiropractor, was not (is not) afforded the same privileges as a physician licensed under chapter 458 or 459.
 
During this investigation information received and verified revealed that Dr. Battagliola, along with Dr. Kyin S. Ho, Dr. Edward Mila Prats and Dr. Mark Cukierman, all former contracted medical practitioners, continued to operate as a Pain Management Clinic and supply Schedule II Narcotics after the date of revocation of the license for the said location.
 
Based upon the preceding information and investigation, Multi-Agency Diversion Task Force agents obtained lawful arrest warrants for Dr. Henry J. Battagliola, Dr. Mark Steven Cukierman, Dr. Eduardo Jose Mila Prats, and Dr. Kyin Sein Ho.
 
 
 
Each doctor was charged as follows:
 
Dr. Henry Joseph Battagliola –       Operating a Nonregistered PMC
Failure to Maintain/Deliver Pedigree Papers
Possession with Intent to Sell or Deliver of
Contraband Prescription Drugs
Conspiracy to Traffic in Oxycodone (28G-          30Kg)
Trafficking in Oxycodone (28G-30Kg)
Practice of Medicine without a License
                                                   
Dr. Mark Cukierman –          Operating a Nonregistered PMC
Failure to Maintain/Deliver Pedigree Papers
Sale or Transfer of Prescription Drug to
Unauthorized Person
Conspiracy to Traffic in Oxycodone (28G-
30Kg)
  
Dr. Kyin Sein Ho   –      Operating a Nonregistered PMC
Failure to Maintain/Deliver Pedigree Papers
Purchase or Receipt of Prescription Drug from
Unauthorized Person
Conspiracy to Traffic in Oxycodone (28G-
30Kg)
Dr. Edward Jose Mila Prats –          Operating a Nonregistered PMC

Prescribing Controlled Substances in a
Nonregistered PMC
During this investigation, Dr. Battagliola, Dr. Cukierman, and Dr. Ho obtained legal representation.  These attorneys were contacted and informed of their clients being issued warrants for their arrest.  Through their attorneys, it was agreed that Dr. Battagliola, Dr. Cukierman, and Dr. Ho would self-surrender on or before Thursday, March 14, 2013 by 1:00pm.  All three doctors complied.  Dr. Edward Jose Mila Prats is at large but has an active warrant.
 
The Palm Beach County Multi-Agency Diversion Task Force includes the following agencies:
 
Palm Beach County Sheriff’s Office
Palm Beach County State Attorney’s Office
Department of Health
FDLE
DEA
West Palm Beach Police Department
Palm Beach Gardens Police Department
Riviera Beach Police Department
Greenacres Police Department
Delray Beach Police Department
Boynton Beach Police Department
Lake Clarke Shores Police Department
Boca Raton Police Department
Jupiter Police Department