Commonwealth of Pennsylvania v. Dello Buono

Date: 05-30-2025

Case Number:

Judge: Not Available

Court: Court of Common Pleas, Philadelphia County, Pennsylvania

Plaintiff's Attorney: Philadelphia County Pennsylvania District Attorney's Office

Defendant's Attorney:

Description: Philadelphia, Pennsylvania criminal Defense lawyer represented the Deendant charged with Medicaid Truad.

Dello Buono, 70, engaged in a scheme based on billing expensive medications to Medicaid and Medicare, even though very little of the medications were actually acquired and disbursed at the pharmacy.

“This was a years-long conspiracy that defrauded state and federal programs designed to help people and families in need, and ripped off taxpayers who fund those programs,” Attorney General Sunday said. “This criminal enterprise prioritized personal greed over the wellbeing of Pennsylvanians. I credit our team, the grand jurors, and investigative partners for seeing this case through to a just resolution that sends a message that Medicaid Fraud is far from a victimless crime.”

Last year, the Fiftieth Statewide Investigating Grand Jury issued a presentment for the charges following a joint investigation conducted by the Pennsylvania Office of Attorney General Medicaid Fraud Control Section and the U.S. Department of Health and Human Services Office of Inspector General.

In all, nine people were charged last year — seven pleaded guilty this week.

Elizabeth Thompson, 70, owner of Broad Street Pharmacy (and Dello Buono’s wife), will serve four years of probation, and abide by the same conditions as her husband.

Dello Buono and Thompson are responsible for $12.25 million in restitution, the judge ordered.

The conspiracy also involved paying kickbacks to consumers selling back pills to the pharmacy in exchange for cash and other medications.

The total amount of fraudulent claims — primarily for the antipsychotic, Latuda, and several high-reimbursement HIV medications — exceeded $12 million.

Also charged were: Berry Davis, 59; Brian O’Hara, 52; Michael McCue, 68 — all of Philadelphia; Christian Bengermino, 36, of Folsom; and Evan Gusz, 54, of Glenside, with Medicaid fraud, dealing in unlawful proceeds, theft by deception, conspiracy, and other offenses.

Angelo Amorosi, 62, of Philadelphia, was charged with dealing in unlawful proceeds and conspiracy.

All of the above defendants have pleaded guilty, with the exception of O’Hara and McCue, whose cases are still pending.

Broad Street Family Pharmacy was licensed to provide services to Medicaid and Medicare consumers. While Thompson owned the pharmacy, her husband (Dello Buono) operated it, even though his pharmacist license was previously suspended and he was not allowed to be a provider under the Medicaid and Medicare benefit programs. To circumvent this, Frank Bengermino, who possessed a valid pharmacist license, was the managing pharmacist at the pharmacy.

The pharmacy ceased operations and closed its doors shortly after agents executed a search warrant at the location in the autumn of 2021.

Investigators estimate that the involved medications – Latuda and HIV medications – accounted for approximately 86 percent of the Broad Street Family Pharmacy’s billings to Medicaid over the five-year period charged.

Outcome: The Defendant elected to plead guilty and was sentenced to e 1½ to 5 years in state prison, and abide by the same other conditions as Dello Buono.

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