Avi Weisfogel has had his dental license revoked and had to repay patients to the tune of over $500,000 – one patient $400,000! And, this revocation was serious enough that it wasn’t the Board of Dentistry, it was the State Attorney General’s Office.
 
Fusion Media Marketing, Inc., has reserved the right to pursue litigation against Avi Weisfogel and David Gergen for breach of contract, breach of confidentiality agreement, and fraudulent claim of unauthorized charges on a credit card and for defamation/libel related to a posting on realscam.com.
 
On 3-6-2016, Fusion Media Marketing, Inc. (“FMM”), entered into a Non-Disclosure and Confidentiality Agreement with Avi Weisfogel of Dental Sleep Masters. On 3-7-2016, Avi Weisfogel signed a Comprehensive Marketing Proposal with Practice Partnerships of America (“PPA”), counter-signed by Joe Farris, owner of PPA. PPA then subcontracted with FMM to perform the services as outlined in that Marketing Proposal. Avi Weisfogel made the initial payment of $150,000 via wire transfer to FMM. Subsequent monthly payments in the amount of $35,000 were made to FMM via PayPal. Weisfogel defaulted on monthly payments and was notified in writing by FMM of breach of contract. Weisfogel did not make payments pursuant to the contract and FMM suspended all account activity and holds all work in progress pending payment. Weisfogel made false claims to PayPal of unauthorized charges against his credit card and despite the fact that FMM had a signed Credit Card Authorization form and a copy of his drivers license, PayPal reversed two months worth of charges. FMM has submitted all this information to the Phoenix Police Department, as well as the Arizona Attorney General who oversees any disciplinary action against unlicensed medical practitioners.
 
On 9-14-2016, Avi Weisfogel, either personally, or through his friend David Gergen, owner of Gergen’s Orthodontic Lab, proceeded to create a false identity, calling himself “secretsleeper” at http://www.realscam.com/ and proceeded to post a knowingly false story. He illegally used a dental practice healthcare system (in violation of HIPAA) to run a report in which he neglected to remove the disclaimer “FOR HEALTHCARE / MEDICAL INDUSTRY PURPOSES ONLY”.
 
Here are public facts regarding Avi Weisfogel: http://www.njpublicsafety.com/ca/action/20141113_22DI02078300.pdf which states, in part, the Board finds that Dr. Weisfogel’s patient care as revealed by his own records provides a basis for disciplinary action. Additionally, the report of the D-PREP evaluation gives rise to serious concern. Dr. Weisfogel…has indicated his desire to permanently retire from the practice of Dentistry. The Board issued, “The license issued to Dr. Avi Weisfogel, D.M.D. to engage in the practice of Dentistry in the State of New Jersey is hereby permanently retired to be deemed a revocation of licensure.” and he was required to pay additional payments to three patients. By his misrepresentations in the article referenced in the following paragraph, he is violating the terms and conditions of his license revocation.
 
http://boulderteens.org/530-2/ states that “Doctor Avi Weisfogel delivers cosmetic dentistry solutions to many patients.” This article was published by bailey2000 / April 6th, 2016 even though his dental license was revoked in 2014.
 
http://dental-sleep-masters.pissedconsumer.com/dental-sleep-master-and-avi-weisfogel-scam-20150507632515.html which provides additional details about Dental Sleep Masters. What this report fails to point out is that Dental Sleep Masters is operating in violation of the terms of his license being revoked, which states, “A licensee shall not charge, receive or share in any fee for professional services rendered by him/herself or others while barred from engaging in the professional practice.
 
http://dental-sleep-masters.pissedconsumer.com/dental-sleep-master-and-avi-weisfogel-scam-20150507632515.html
 
http://www.deadiversion.usdoj.gov/fed_regs/actions/2016/fr0330.htm which states in part, “On November 2, 2015, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Avi Weisfogel, D.D.S. (Registrant), of Old Bridge, New Jersey.” More specifically, the Show Cause Order alleged that Registrant entered into a consent order with the New Jersey State Board of Dentistry (Board), pursuant to which the Board revoked his license to practice dentistry effective November 13, 2014. Id. The Show Cause Order thus alleged that Registrant is “without authority to handle controlled substances in New Jersey, the State in which [he is] registered.” Id. The Order thus advised Registrant that his registration was subject to revocation “based upon [his] lack of authority to handle controlled substances in the State of New Jersey.” Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 21 CFR 0.100(b), I order that DEA Certificate of Registration BW6474580, issued to Avi Weisfogel, D.D.S., be, and it hereby is, revoked. I further order that any pending application of Avi Weisfogel, D.D.S, to renew or modify his registration, be, and it hereby is, denied. This Order is effective April 29, 2016.
 
http://www.ripoffreport.com/r/Avi-Weisfogal/nationwide/Avi-Weisfogal-Dental-Sleep-Masters-This-individual-is-a-scammer-His-Dental-Sleep-Masters-1227601
 
Avi Weisfogel uses his credit card to pay for services from vendors and then fraudulently submits an “unauthorized charge” claim to the credit card company falsely claiming that services were not delivered, even though services were delivered. He continues to run his scam on the backs of vendors who do work to promote him and then he claims they didn’t do the service and he screws them.
  From Avi Weisfogel, D.D.S.; Decision and Order, 17738-17739 [2016-07111] :: Drug Enforcement Administration :: Department Of Justice :: Regulation Tracker :: Justia   DEPARTMENT OF JUSTICE   Drug Enforcement Administration   Avi Weisfogel, D.D.S.; Decision and Order  
On November 2, 2015, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Avi Weisfogel, D.D.S. (Registrant), of Old Bridge, New Jersey. GX 1, at 1. The Show Cause Order proposed the revocation of Registrant’s Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V as a practitioner, the denial of any application to renew or modify the registration, and the denial of any application for any other DEA registration, on the ground that he “do[es] not have authority to handle controlled substances in New Jersey, the [S]tate in which he is registered with the” Agency. Id. (citing 21 U.S.C. 823(f) and 824(a)(3)). More specifically, the Show Cause Order alleged that Registrant entered into a consent order with the New Jersey State Board of Dentistry (Board), pursuant to which the Board revoked his license to practice dentistry effective November 13, 2014. Id. The Show Cause Order thus alleged that Registrant is “without authority to handle controlled substances in New Jersey, the State in which [he is] registered.” Id. The Order thus advised Registrant that his registration was subject to revocation “based upon [his] lack of authority to handle controlled substances in the State of New Jersey.” Id. (citing 21 U.S.C. 802(21), 823(f) and 824(a)(3)).\1\ ————————————————————————— \1\ The Show Cause Order also notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the consequence for failing to elect either option. GX 1, at 2 (citing 21 CFR 1301.43). ————————————————————————— Having determined that Registrant was no longer practicing at his registered location, a Diversion Investigator obtained his residence address and initially attempted to serve the Show Cause Order on him by Certified Mail, Return Receipt Requested, which was addressed to him at his residence. GX 6, at 1-2 (Declaration of DI). However, the mailing was returned unclaimed. GX 3, at 1. Subsequently, on December 4, 2015, the DI mailed the Show Cause Order to Registrant’s residence by regular first class mail. GX 6, at 2. The DI averred that the Order was not returned as undeliverable. Id. In its Request for Final Agency Action, the Government advises that neither Registrant, nor anyone representing him, has requested a hearing or sent any other correspondence to DEA. Request for Final Agency Action, at 6. Accordingly, the Government filed its Request for Final Agency Action seeking the revocation of Registrant’s Registration along with the Investigative Record to support is Request. See 21 CFR 1301.43(d) & (e). Based on the Government’s submission, I conclude that Registrant has received constitutionally adequate notice of the proceeding. See Jones v. Flowers, 547 U.S. 220 (2006). I find that since the date of service of the Order to Show Cause, 30 days have now passed, and neither Registrant, nor anyone purporting to represent him, has either requested a hearing on the allegations or submitted a written statement in lieu of a hearing. See 21 CFR 1301.43(a) & (c). Accordingly, I find that Registrant has waived his right to a hearing or to submit a written statement. Id. Sec. 1301.43(c) & (d). I therefore issue this Decision and Final Order based on the Investigative Record submitted by the Government. Id. Sec. 1301.43(e). I make the following findings of fact. Findings Registrant is the holder of DEA Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V, at the registered address of 30 State Highway 18, Old Bridge, NJ. GX 2. The registration does not expire until May 31, 2017. Id. Registrant previously held a dental license issued by the New Jersey State Board of Dentistry. GX 5, at 1. Registrant also previously held a New Jersey Controlled Dangerous Substance Registration (CDS). However, on November 13, 2014, Registrant entered into a Consent Order with the Board of Dentistry in which he agreed that his dental license “is hereby permanently retired [and this] is to be deemed a revocation of licensure.” GX 5, at 2. As for his New Jersey CDS Registration, it became inactive on the same date that Registrant entered into the Consent Order with the Board and has since expired. According to the online records of the State of New Jersey, as of the date of this Order, Registrant’s New Jersey Dentist license remains revoked. See also https://newjersey.mylicense.com/verification. Discussion Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under section 823, “upon a finding that the Registrant . . . has had his State license . . . suspended [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances.” Moreover, DEA has repeatedly held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner’s registration. James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, Hooper v. Holder, 481 Fed. Appx. 826 (4th Cir. 2012). This rule derives from the text of two provisions of the CSA. First, Congress defined “the term `practitioner’ [to] mean[ ] a . . . physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which he practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice.” 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner’s registration, Congress directed that “[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.” 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the Act, DEA has held repeatedly that revocation of a practitioner’s registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the State in which he practices his profession. See, e.g., Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988). Because Registrant no longer holds authority to dispense controlled substances in New Jersey, the State in which he is registered with the Agency, I will order that his registration be revoked and that any pending application to renew or modify his registration be denied. Order Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 21 CFR 0.100(b), I order that DEA Certificate of Registration BW6474580, issued to Avi Weisfogel, D.D.S., be, and it hereby is, revoked. I further order that any pending application of Avi Weisfogel, D.D.S, to renew or modify his [[Page 17739]] registration, be, and it hereby is, denied. This Order is effective April 29, 2016. Dated: March 21, 2016. Chuck Rosenberg, Acting Administrator. [FR Doc. 2016-07111 Filed 3-29-16; 8:45 am] BILLING CODE 4410-09-P [Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)] [Notices] [Pages 17738-17739] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2016-07111]
DEPARTMENT OF JUSTICE Drug Enforcement Administration Avi Weisfogel, D.D.S.; Decision and Order
On November 2, 2015, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Avi Weisfogel, D.D.S. (Registrant), of Old Bridge, New Jersey. GX 1, at 1. The Show Cause Order proposed the revocation of Registrant’s Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V as a practitioner, the denial of any application to renew or modify the registration, and the denial of any application for any other DEA registration, on the ground that he “do[es] not have authority to handle controlled substances in New Jersey, the [S]tate in which he is registered with the” Agency. Id. (citing 21 U.S.C. 823(f) and 824(a)(3)). More specifically, the Show Cause Order alleged that Registrant entered into a consent order with the New Jersey State Board of Dentistry (Board), pursuant to which the Board revoked his license to practice dentistry effective November 13, 2014. Id. The Show Cause Order thus alleged that Registrant is “without authority to handle controlled substances in New Jersey, the State in which [he is] registered.” Id. The Order thus advised Registrant that his registration was subject to revocation “based upon [his] lack of authority to handle controlled substances in the State of New Jersey.” Id. (citing 21 U.S.C. 802(21), 823(f) and 824(a)(3)).\1\ ————————————————————————— \1\ The Show Cause Order also notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the consequence for failing to elect either option. GX 1, at 2 (citing 21 CFR 1301.43). ————————————————————————— Having determined that Registrant was no longer practicing at his registered location, a Diversion Investigator obtained his residence address and initially attempted to serve the Show Cause Order on him by Certified Mail, Return Receipt Requested, which was addressed to him at his residence. GX 6, at 1-2 (Declaration of DI). However, the mailing was returned unclaimed. GX 3, at 1. Subsequently, on December 4, 2015, the DI mailed the Show Cause Order to Registrant’s residence by regular first class mail. GX 6, at 2. The DI averred that the Order was not returned as undeliverable. Id. In its Request for Final Agency Action, the Government advises that neither Registrant, nor anyone representing him, has requested a hearing or sent any other correspondence to DEA. Request for Final Agency Action, at 6. Accordingly, the Government filed its Request for Final Agency Action seeking the revocation of Registrant’s Registration along with the Investigative Record to support is Request. See 21 CFR 1301.43(d) & (e). Based on the Government’s submission, I conclude that Registrant has received constitutionally adequate notice of the proceeding. See Jones v. Flowers, 547 U.S. 220 (2006). I find that since the date of service of the Order to Show Cause, 30 days have now passed, and neither Registrant, nor anyone purporting to represent him, has either requested a hearing on the allegations or submitted a written statement in lieu of a hearing. See 21 CFR 1301.43(a) & (c). Accordingly, I find that Registrant has waived his right to a hearing or to submit a written statement. Id. Sec. 1301.43(c) & (d). I therefore issue this Decision and Final Order based on the Investigative Record submitted by the Government. Id. Sec. 1301.43(e). I make the following findings of fact. Findings Registrant is the holder of DEA Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V, at the registered address of 30 State Highway 18, Old Bridge, NJ. GX 2. The registration does not expire until May 31, 2017. Id. Registrant previously held a dental license issued by the New Jersey State Board of Dentistry. GX 5, at 1. Registrant also previously held a New Jersey Controlled Dangerous Substance Registration (CDS). However, on November 13, 2014, Registrant entered into a Consent Order with the Board of Dentistry in which he agreed that his dental license “is hereby permanently retired [and this] is to be deemed a revocation of licensure.” GX 5, at 2. As for his New Jersey CDS Registration, it became inactive on the same date that Registrant entered into the Consent Order with the Board and has since expired. According to the online records of the State of New Jersey, as of the date of this Order, Registrant’s New Jersey Dentist license remains revoked. See also https://newjersey.mylicense.com/verification. Discussion Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under section 823, “upon a finding that the Registrant . . . has had his State license . . . suspended [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances.” Moreover, DEA has repeatedly held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner’s registration. James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, Hooper v. Holder, 481 Fed. Appx. 826 (4th Cir. 2012). This rule derives from the text of two provisions of the CSA. First, Congress defined “the term `practitioner’ [to] mean[ ] a . . . physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which he practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice.” 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner’s registration, Congress directed that “[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.” 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the Act, DEA has held repeatedly that revocation of a practitioner’s registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the State in which he practices his profession. See, e.g., Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988). Because Registrant no longer holds authority to dispense controlled substances in New Jersey, the State in which he is registered with the Agency, I will order that his registration be revoked and that any pending application to renew or modify his registration be denied. Order Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 21 CFR 0.100(b), I order that DEA Certificate of Registration BW6474580, issued to Avi Weisfogel, D.D.S., be, and it hereby is, revoked. I further order that any pending application of Avi Weisfogel, D.D.S, to renew or modify his [[Page 17739]] registration, be, and it hereby is, denied. This Order is effective April 29, 2016. Dated: March 21, 2016. Chuck Rosenberg, Acting Administrator. [FR Doc. 2016-07111 Filed 3-29-16; 8:45 am] BILLING CODE 4410-09-P