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Scott McMahon, 52, of Queensbury, admitted in U.S. District Court that from at least December 2018 through August 2019, he provided certain patients with prescriptions for the controlled substance methylphenidate — a generic form of Ritalin — with the intent of having them kick back a portion of each prescription to him for his own personal use, according to a news release.
As part of the scheme, McMahon obtained the names and birth dates of the children of a patient. He used that information to write methylphenidate prescriptions in the children’s names and obtained the drug from pharmacies in New York and Vermont under the pretense that the medication was for the children.
The patient picked up the prescriptions in the children’s names and split the drug with McMahon, officials said.
McMahon, who specialized in psychiatry and addiction treatment, had a medical practice in Clifton Park and had previously maintained offices in Albany and the other locations in the Capital Region.
McMahon’s plea agreement requires that he surrender his New York state medical license, and forfeit $6,775 seized by the government as part of the criminal case.
Sentencing is scheduled for Jan. 13 before Senior U.S. District Judge Thomas McAvoy. McMahon is required to serve 2 years in prison on the aggravated identity theft conviction. He could face up to 20 years in prison on the drug charges and must serve at least 3 years of post-release supervision after he is released.
McMahon also agreed to pay $43,225 to settle civil penalty claims arising from his improper prescribing of ketamine and failure to keep proper records of ketamine treatment. He admitted to prescribing ketamine intranasal spray to a person who had no legitimate medical need for it.
He also failed to keep records to record the amount of ketamine injected for each patient, the name of the patient, the treatment date and the person who administered the drug. He also failed to conduct an initial inventory of the initial amount of the drug. Authorities say the figure is based, in part, on his inability to pay a higher amount.
The criminal case was investigated the DEA Albany District Office’s Tactical Diversion Squad and its Capital District Drug Enforcement Task Force and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
The DEA Tactical Diversion Squad also investigated the civil case, which is being prosecuted by Assistant U.S. Attorney Christopher R. Moran.
Also assisting in the investigations were New York State Police, New York State Bureau of Narcotic Enforcement and the DEA Resident Office in Burlington, Vermont.