District Attorney

Posted on: November 6, 2015

Former Doctor Arraigned for Selling Prescriptions for Addictive Drugs

Marshal Hubsher

Marshall Hubsher allegedly conspired to sell Adderall and Xanax

MINEOLA, N.Y. – Acting Nassau County District Attorney Madeline Singas announced the indictment of an unlicensed psychiatrist who allegedly sold prescriptions for highly addictive drugs to patients for cash.

Marshall Hubsher, 65, of Sands Point, was arraigned before Supreme Court Justice Angelo Delligatti today on indictment charges of Conspiracy in the 4th Degree (an E felony) and three counts of Unauthorized Practice (an E felony).

He faces a maximum of 1-1/3 to four years in prison if convicted on the top charge. Bail was set at $240,000 bond or $120,000 cash and the defendant is due back in court on Dec. 15 for this case and a rape case from 2012.

In April 2012, Hubsher was arrested and charged with Rape in the 3rd Degree for allegedly having sexual relations with a patient. Hubsher surrendered his license to practice medicine in New York in June 2012 to resolve multiple unrelated charges brought by the State Board for Professional Medical Conduct.

“The defendant allegedly sold prescriptions for highly addictive and dangerous drugs, without the authority to do so and with no regard for public safety or any patient’s health,” Acting DA Singas said. “Prescription drug abuse is all too common in our communities and it is important that we stop bad actors who seek to make illegal profits from their sale.”

Acting DA Singas said that Hubsher and Dr. Howard Mahler conspired to sell Adderall and Xanax prescriptions to patients in Hubsher’s former office in Roslyn, where Hubsher continued to receive patients even after losing his license to practice medicine. Investigators found that on at least three occasions, Hubsher met patients in a non-traditional setting like the office hallway to ask medical questions and receive cash, before the patients were then directed to Mahler, a licensed doctor, who would write prescriptions for Adderall or Xanax based in part on the information given to Hubsher. On one occasion, an undercover detective posing as a patient who was addicted to a variety prescription pills, told Hubsher that he was requesting a higher dosage of Adderall in order to sell unused pills to fund purchases of Oxycodone.

Members of the U.S. Drug Enforcement Administration Long Island Division's Tactical Diversion Group arrested Mahler and Hubsher at Hubsher's office the evening of Oct. 29, 2014. The Group consists of agents and officers from the DEA, the Nassau County Police Department, the Rockville Centre Police Department and the Port Washington Police Department.

Assistant District Attorney Christiana McSloy, Deputy Bureau Chief of Acting DA Singas’ Street Narcotics and Gangs Bureau, is prosecuting the drug case. Assistant District Attorney Cristina Colon is prosecuting Hubsher’s rape case. Hubsher is represented by David Schwartz, Esq.

The charges are merely accusations and the defendant is presumed innocent until and unless found guilty.

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