March 21 (Bloomberg) -- Former Lehman Brothers Holdings Inc. managing director Bradley H. Jack, arrested twice for drug-prescription forgery, is set to appear in Connecticut state court on the latest charge.
Jack, 53, is scheduled to appear today in Norwalk Superior Court. He turned himself in and was charged March 9 with second-degree forgery for a November incident in which he is accused of faking the date on a prescription for Vyvanse, which is used to treat attention deficit hyperactivity disorder, or ADHD, at the CVS Caremark Corp. pharmacy in Westport.
In August, Jack was allowed to enter so-called accelerated rehabilitation, or AR, a program available to people charged with less-serious crimes that might result in prison time. The second arrest hurts his chance to avoid prosecution on the first. At the August hearing, Superior Court Judge Earl B. Richards III in Bridgeport, said if he avoided arrest for a year, the prosecution would be suspended.
“He would be found to be in noncompliance with AR and that case would be brought forward on the docket and at that point his participation would be terminated and he would face both charges at the same time,” Max Simmons, a criminal-defense and civil-rights lawyer in New Haven, said in an interview. “That’s pretty commonly how it’s handled.”
Jack, of Westport, was arrested in June after he allegedly tried to pass forged prescriptions for 12 pills of the painkiller Oxycontin and nine of Ritalin, a drug used to treat attention deficit disorder, according to Fairfield police. Jack had received treatment for cancer, had had a valid prescription in the past and had no prior criminal record, his attorney, Robert G. Golger, said in court in August.
Golger declined to comment on the new case.
In the latest incident, Jack admitted to police he altered the prescription, according to the arrest affidavit. He told police his psychiatrist is blind and his assistant, who fills out the prescriptions, put the wrong effective date on the Vyvanse prescription. In October, the doctor switched Jack from Ritalin to 50-milligram pills of Vyvanse.
The CVS store called the police because the date on the prescription appeared to have been changed from Nov. 19 to Nov. 14, according to the arrest affidavit. The pharmacy, which had a warning for Jack from his previous arrest, checked with the doctor, who said the prescription wasn’t to be filled before Nov. 19. The police said the original prescription clearly had that date on it. The doctor said he was careful with Jack’s prescriptions, including counting out the exact days prior to writing a new one.
Jack told police he had left the country and the different time zone had caused him to make mistakes in taking the drug, leaving him with a four-pill deficit. He thought that from a conversation he had with the doctor on Nov. 15 they had agreed the new prescription would be refilled earlier than the 30-day cycle, he said. He believed it should have been for Nov. 15, he said, though the alteration was to Nov. 14.
Jack said he didn’t believe his doctor “would intentionally discontinue a patient’s medication for four days if it is medically ill-advised to do so,” according to the arrest affidavit.
There’s “nothing to indicate through our investigation that the doctor’s vision was affected,” said Captain Sam Arciola of the Westport Police Department. It didn’t matter because “there’s a probable cause to believe that Mr. Jack had altered the prescription,” which violates the law, he said.
Jack joined New York-based Lehman in 1984 and ran investment banking from 1996 to 2002, when he became co-chief operating officer with Joseph Gregory. In 2004, he was named to the office of the chairman with the responsibility of overseeing all of the firm’s investment-banking relationships.
He decided to retire from Lehman to pursue work in the nonprofit sector and spend time with his family, Richard Fuld, the bank’s chief executive officer at the time, said in June 2005. The company went bankrupt in September 2008.
Jack’s 20-acre (8-hectare), waterfront compound in Fairfield, Connecticut, was slated to be sold at a municipal auction because he had failed to pay property taxes owed since July, according to town tax collector Stanley Gorzelany. Jack owed $271,923, which was paid on March 16, Gorzelany said. It was the town’s biggest overdue tax bill on a residence, he said.
Jack’s $35 million property, which includes five buildings, a pool and a tennis court, is the most expensive in Fairfield, according to the tax collector’s office, which places its market value at $34.6 million as of October 2010. His total annual tax bill is $543,847.48.
He bought the estate in 2001 for $24.45 million, according to the Fairfield Assessor’s office.
Jack and his ex-wife, Karin, jointly owned the property and agreed to continue to do so after their 2008 divorce, according to Connecticut state court records.
In Jack’s earlier arrest, he was charged with second-degree forgery and attempting to obtain a controlled substance through forgery or alteration of a prescription or a written order. Forgery, the more serious count, is punishable by as long as five years in prison and a $5,000 fine.
The case is Connecticut v. Jack, S20N-CR12-0131552-S, Connecticut Superior Court (Norwalk). The earlier case is Connecticut v. Jack, F02B-CR11-0258280-S, Connecticut Superior Court (Bridgeport).
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