Unlicensed psychiatrist indicted for selling prescriptions out of his Roslyn office
By Harrison Marder
November 6, 2015

Psychiatrist Marshall Hubsher

Psychiatrist Marshall Hubsher

An unlicensed psychiatrist was indicted for allegedly selling prescriptions for Adderall and Xanax to patients out of his office in the Roslyn section of Flower Hill, the District Attorney’s Office reported on Friday.

Marshall Hubsher, 65, of Sands Point, was charged with fourth-degree conspiracy and three counts of unauthorized practice, according to prosecutors.

Hubsher faces a maximum of one and one-third to four years in prison if convicted on the top charge. Bail was set at $240,000 bond or $120,000 cash.

“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 District Attorney 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.”

Hubsher was already scheduled to appear in court on Dec. 15 to face rape charges.

He was arrested in April 2012 and charged with third-degree rape for allegedly having sexual relations with a patient.

In June 2012, Hubsher surrendered his license to practice medicine in New York to resolve multiple unrelated charges brought by the State Board for Professional Medical Conduct, prosecutors said.

Singas said 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. On at least two websites, a Dr. Marshall Hubsher is listed as practicing at 1025 Northern Blvd. in Flower Hill.

On at least three occasions, prosecutors said, investigators found that Hubsher met patients in “a non-traditional setting” such as the office hallway in order to ask medical questions and receive cash.

Prosecutors said patients were then directed to Mahler, a licensed doctor, who would write prescriptions for Adderall or Xanax, based in part on the information that was given to Hubsher.

On one ocassion, prosecutors said, an undercover detective posed a patient who was addicted to a variety of prescription pills and requested that Hubsher give him a higher dosage of Adderall so that he could sell the unused pills to pay for purchases of Oxycodone.

“These allegations are false,” said David Schwartz, Hubsher’s attorney in both the drug and rape case. “Marshall Hubsher will defend these allegations with vigor and will be eventually be found not guilty. He looks forward to his day in court when he gets to challenge the lack of evidence from the Nassau County DA.”

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

Assistant District Attorney Christiana McSloy, Deputy Bureau Chief of Singas’ Street Narcotics and Gangs Bureau, is prosecuting Hubsher’s drug case and Assistant District Attorney Cristina Colon is prosecuting Hubsher’s rape case, prosecutors said.