Unpublished Opinions for the Week of January 16, 2017

01-2-2199 In the Matter of Suspension or Revocation of Certification of Scott D. Greenberg, D.C., N.J. Super. App. Div. (per curiam) (9 pp.) Scott D. Greenberg, D.C., appealed from a final order of the State Board of Chiropractic Examiners, revoking his chiropractic license, and precluding him from applying for reinstatement for five years. Greenberg charged in connection with a two-year, organized scheme whereby he paid runners to refer auto accident victims for treatment at his chiropractic offices. Greenberg was also separately indicted after the police found marijuana plants in his home. Greenberg pled guilty pursuant to a negotiated plea bargain. At the plea hearing, he admitted that, by agreement with an attorney, they used runners to solicit accident victims, who then used the lawyer’s legal services and obtained chiropractic treatment from Greenberg. He admitted to earning over $655,000 through this scheme. Greenberg pled guilty to defrauding the insurance companies that paid for the treatment. Greenberg admitted knowing that the insurance companies would not have paid if they knew that he unlawfully obtained the patients by using runners. Greenberg also admitted that he was “an active marijuana user” and grew more than ten but fewer than fifty marijuana plants in his home. The appellate panel affirmed the board’s decision, finding it was not arbitrary and capricious. Nor was the minimum five-year license revocation so harsh as to shock the conscience. Greenberg engaged in a long-term illegal scheme to enrich himself by using runners and paying kick-backs to an attorney for patient referrals. His conduct warranted license revocation. The panel disagreed with Greenberg’s argument that the board should have treated the five-year revocation period as commencing in 2013 instead of 2015. In the years leading up to his arrest, Greenberg was not personally treating patients at all; he was just paying runners and profiting from his illegal conduct. In that context, his argument that he “voluntarily” ceased practicing chiropractic in 2013 was rejected.

01-2 2221 Martinez v. Governing Body of City of Union City, N.J. Super. App. Div. (per curiam) (5 pp.) Petitioner Alvaro Martinez appealed from a final decision by the Director of the Division of Alcoholic Beverage Control, revoking his plenary retail consumption license. Alvaro Martinez is the owner of a bar and restaurant in Union City. On June 29, 2012, the Board of Commissioners of the City of Union City adopted a resolution stating that to the rear of Martinez’s licensed premises there was a building where he had sold alcoholic beverages to patrons despite the fact this building was an unlicensed premise. The June resolution, which renewed Martinez’s license for the restaurant bar located in the front of the property, conditioned the renewal on no sale, storage, or consumption of alcohol occurring in the rear building. The resolution stated that a violation of this condition would result in revocation of the license. On Sept. 30, 2012, Union City police officers charged Martinez with selling alcohol after hours, selling alcohol in an unlicensed premise and failing to maintain required records. Martinez claimed the charges were false and were politically motivated. A hearing was held before the Union City Board of Commissioners who determined the officers were credible and that Martinez’s liquor license should be revoked. Following a hearing, an ALJ also found the officers were credible and the license should be revoked. Neither party filed any exceptions. The appellate panel affirmed the final agency decision. The panel noted that Martinez sought reversal of the denial of a stay of his license, which is now a moot issue. He further sought to have the Appellate Division order the creation of regulations to be followed by municipalities in determining licensing issues, which is beyond the scope of its review. Finally, he attacked the credibility findings of the ALJ despite failing to file any exceptions to the ALJ’s decision.