Former N.J. drugstore owner accused of fraud might avoid jail time

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A former Sparta, N.J., drugstore owner is attempting to avoid a lengthy court battle by applying for a pre-trial intervention program.

Desmond “Des” Fitzgerald, 75, of Belvidere, N.J., faces numerous charges, including 42 counts of second- and third-degree health care claims fraud, and 21 counts of third-degree insurance fraud, according to the Sussex County Prosecutor’s Office.

The charges stem from allegations that Fitzgerald billed insurance companies, including UnitedHealthcare, for prescriptions never received by his customers.

Despite maintaining his innocence in the case, Fitzgerald will apply for the pre-trial intervention program, his attorney told the Newark Star-Ledger.

The program, for first-time, non-violent offenders, would negate the need for a trial and charges against Fitzgerald would be dismissed upon successful completion.

Fitzgerald’s attorney told the newspaper that his client is retired and on a fixed income and does not have $50,000 to try his case in court.

The former drugstore owner and Belvidere councilman must still get approval from a superior court to enter the program. Fitzgerald is due in court Feb. 22.

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