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IN RE GARAY

89 N.J. 104 (1982)

444 A.2d 1107

IN THE MATTER OF RAMON GARAY, M.D.

The Supreme Court of New Jersey.

Decided April 29, 1982.

Attorney(s) appearing for the Case

Ivan J. Punchatz, Deputy Attorney General, argued the cause for appellant and cross-respondent Division of Medical Assistance and Health Services, Department of Human Services (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

John R. Schwartz argued the cause for respondent and cross-appellant Ramon Garay, M.D. (Miller, Hochman, Meyerson & Schaeffer, attorneys).

The opinion of the Court was delivered by PASHMAN, J.

Dr. Ramon Garay was convicted of filing 58 false Medicaid claims totalling $1,290.20. After the criminal proceedings, the State Division of Medical Assistance and Health Services, pursuant to N.J.S.A. 30:4D-7(h) and 30:4D-17(e), directed him to pay a penalty of $121,603.41. This amount included (1) recovery of the money taken plus interest, (2) treble damages and (3) a $2,000 penalty for each claim. All...

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