Nurse practitioner arrested, charged with selling oxymorphone

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Ostolski, 55, of North Tonawanda, NY, was arrested and charged by criminal complaint with conspiracy to distribute oxymorphone. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that Ostolski is a nurse practitioner working at Acacia Family Health in Lockport, NY, and is authorized to prescribe and dispense controlled substances. According to the complaint, Ostolski over-prescribed oxymorphone dosage units to select individuals who were patients, who then agreed to sell all or a portion of the prescribed pills for a financial profit. The patients were expected to give Ostolski the profits from the sale during their next office visit. The office visits were being billed to insurance including Medicare and Medicaid. Data from the New York State Department of Health Bureau of Narcotics Enforcement shows that between August 2021, and September 2023, Ostolski prescribed his co-conspirator patients collectively approximately 123 controlled substance prescriptions of oxymorphone, totaling in excess of 13,000 oxymorphone pills.

During the course of the investigation, investigators conducted several controlled purchases of oxymorphone from Ostolski, and multiple controlled office visits with Ostolski, during which he received cash payments.

Ostolski made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

The complaint is the result of an investigation by the Drug Enforcement Administration, Buffalo Resident Office, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Lockport Police Department, under the direction of Chief Steven Abbott, and the Niagara Falls Police Department, under the direction of Chief John Faso. Additional assistance was provided by the Bureau of Alcohol, Tobacco, and Firearms, The New York State Attorney General’s Office, and New York State Department of Health Bureau of Narcotic Enforcement. 

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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