The Pain Relief Network

When Michael Marcera Sr. called his father from jail in August, he had one request:

"Dad, lock my stuff back up (and) make sure nothing breaks," according to a transcript of the conversation. "That stuff has to stay in a cool place. I don't want my clothes to get all wrinkled and stuff, OK?"

Federal authorities allege that Marcera and his father, Salvatore J. Marcera Sr., are part of a family criminal conspiracy that received thousands of prescribed painkillers and illegally sold some of them. And, when they talked about the pills, federal authorities maintain, the family often used codes — as in calling the painkillers "clothes."

But in the Aug. 4, 2006, conversation between father and son, Salvatore J. Marcera Sr. wasn't clear just what the topic at hand was.

"What clothes?" he replied to his son, who was jailed on an assault charge. "Your clothes are on the porch here all packed away and covered."

"Dad, why are you so stupid. We are on a (expletive deleted) recorded phone. She just brought you my clothes."

"Oh that. OK."

That recorded conversation, and many others, are part of the evidence that federal authorities unveiled Friday in their allegations of the drug-peddling conspiracy.

"It appears that this family, in addition to taking personal amounts of painkillers, were also pooling their pills and selling the excess for profit on the open market," Assistant U.S. Attorney Douglas Gregory said Friday.

Arrested Thursday were Michael S. Marcera Sr., 49, and Eva Miller, 39, both of 15 Hampton Lane, Perinton, and Michael S. Marcera Jr., 24, Mary G. Marcera, 69, Salvatore J. Marcera Sr., 73, of 694 Marshall Road, Chili.

The five face charges of conspiring to possess with intent to distribute and distributing pain medication, including OxyContin, as well as knowingly committing fraud on health care insurance programs by obtaining insurance payments for prescription drugs that were intended to be sold illegally.

"The Marcera family is committing fraud on the various health insurance companies which have been paying local pharmacies for the filling of literally thousands of painkiller pills," stated an affidavit from FBI Special Agent Mark Schirching.

Between August 2000 and February of this year, Excellus BlueCross BlueShield paid more than $625,000 for prescription medications for the family, according to the affidavit.

The affidavit alleges that a Rochester physician consistently prescribed the painkillers. He has not been charged with any crimes.

In all, the affidavit alleges, the family was prescribed approximately 7,560 painkiller pills monthly.

Four of the five accused appeared in federal court Thursday and Friday. Salvatore Marcera was taken to Strong Memorial Hospital on Thursday night after complaining of chest pains after his arrest. He was listed in satisfactory condition Friday.

Only Michael Marcera Sr. was detained. His lawyer, Donald Thompson, refused comment Friday.

The two homes were searched Thursday and narcotics were found, Gregory said. At the Perinton home, the narcotics "were broken down into individual baggies," he said. "They weren't in prescription bottles."

The amount of narcotics seized was unavailable Friday.

Gregory said the investigation is continuing.

"We're also looking into those people that the family was selling to," Gregory said.

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