The Record from Hackensack, New Jersey • A3

THURSDAY, OCTOBER 24, 2013 THE RECORD A-3 STATE NEWS Driver charged in texting fatality often suspended Now facing count of vehicular homicide Feds again raid top Menendez donor's office Doctor says it's retaliation for suit By THOMAS ZAMBIT0 THE STAR-LEDGER A Rahway woman who prosecutors say was texting when her vehicle collided with a pickup truck in Newark two weeks ago, killing its driver, had racked up 35 moving violations and 65 license suspensions since 1996, state mo Sahoye, who could not be reached for comment Wednesday, was arraigned Tuesday on the vehicular homicide charge. She was released on a $50,000 bond. Essex prosecutors are expected to ask a Superior Court judge to increase Sahoye's bail at a court hearing, scheduled for Monday in Newark. Carvalho, 58, a welder ASSOCIATED PRESS Dr. Salomon Melgen sued the U.S.

government to recover $9 million he returned for what had been ruled overcharging. tor vehicle records show. Jennifer Sahoye, who this week became the first person in Essex County charged with causing vehicular homicide while texting, got her first speeding ticket a few months after getting her license in from Elizabeth, was on his way home from work at around 5:30 p.m. when Sahoye's Volvo sedan veered into the southbound local lanes of Routes near the Route 78 interchange, sideswiping the pickup, By HERB JACKSON WASHINGTON CORRESPONDENT Legal problems continue for Sen. Bob Menendez's biggest campaign benefactor, as federal agents this week raided an office of Florida eye specialist Dr.

Salomon Mel-gen that the FBI had already visited once before in January. FBI spokesman James P. Marshall would not reveal any details about what authorities were seeking on Tuesday because of an "ongoing investigation." Melgen's attorney, Matthew Menchel, called Tuesday's raid retaliation for Melgen suing the government in August to recover $9 million that he returned after the Medicare Appeals Council ruled in June he had overcharged the government in 2007 and 2008. Melgen and Menendez are close friends, and Melgen, his company and his family members contributed more than $950,000 to committees Menendez controlled or that supported his reelection last year. After the first FBI raid in January raised questions about their relationship, Menendez reimbursed Melgen nearly $59,000 for two flights on his private jet to the Dominican Republic in 2010.

Menendez faces an investigation by the Senate's ethics committee into whether the flights or his official actions relating to Melgen violated rules. Medicare suspended all payments to Melgen in August because of "credible allegations of fraud," according to a letter from the Centers for Medicare and Medicaid Services attached to Melgen's lawsuit. A spokesman for the federal agency would not comment Wednesday. Used 'overfill' Melgen does not deny he treated multiple patients from what were sold as single-dose vials of the injection drug Lucentis, which costs $2,000 per vial and has helped restore the vision of patients with macular degeneration. The recommended dose of Lucentis is 0.5 milligrams, but single-dose vials contain 2 milligrams, or as many as four doses, according to the lawsuit.

Melgen used this "overfill" to treat additional patients and is SAHOYE contesting Medicare's determination that billing for additional doses was illegal. "To the extent the 'overpayment' determination is based on Medicare's estimate of Melgen's cost per dose administered, the determination is unlawful because it considers a factor not relevant to a payment determination under Medicare rules and regulations," the lawsuit claims. Menchel said in a statement that Melgen has provided all documents the government requested and the raid was the an "inappropriate, overreaching" act. "Last Friday, Dr. Melgen filed a motion seeking an injunction to stop the government from trying to suspend his Medicare payments," Menchel said.

"We believe today's intrusion was in retaliation." Without mentioning Melgen, Menendez has questioned top officials who oversee Medicare about the "ambiguity" in federal regulations regarding overfill in medication. After Menendez's first inquiry, Medicare issued a clarified regulation that billing for overfill was not allowed. Menendez then asked how doctors who sought reimbursement before the clarification would be treated. Menendez's office would not comment Wednesday on the raid. In February, an aide in his office said the senator did not ask federal officials to help Melgen, just to clarify the rules and how they would be applied.

Email: jacksonnorthjersey.com Blog: northjersey.com thepoliticalstate 1995. Since then, she has been issued speeding tickets in Holmdel, Roselle, Linden, East Brunswick and beyond, records show. In all, the 35-year-old Sahoye has been cited for speeding nine times, in some cases for going 30 mph over the limit, state Motor Vehicle Commission records show. Those speeding violations, coupled with other summonses for careless driving and failing to obey a traffic signal, triggered multiple suspensions after Sahoye failed to pay fines or comply with other court-ordered requirements so her license could be restored, state records show. When Sahoye crashed into Carlos Carvalho's pickup on Routes in Newark on Oct.

10, her license had been suspended indefinitely, Essex County prosecutors say. "She should never have been on the road," said Sergio Carvalho, 33, one of Carlos Carvalho's three sons. "It's like she hasn't learned anything since 1996. She probably still hasn't learned." authorities said. The truck flipped over and Carvalho was ejected.

He was pronounced dead at the scene. Witnesses told investigators they had seen Sahoye with her head down, appearing distracted as she moved across the southbound express lanes. Further investigation confirmed she had been texting in the moments before the crash, prosecutors said. "Clearly, she should not have been on the road that day, which is why we initially charged her with causing death while her license was suspended," said Katherine Carter, a spokeswoman for the Essex County Prosecutor's Office. Sahoye got her first speeding ticket in Holmdel in 1996, for which she was penalized 5 points on her license.

With 12 points, a driver's license is suspended. The only way to restore driving privileges is to pay fines associated with each violation, attend court-ordered probationary driving classes or comply with other requirements, state officials say. Booker will be sworn in to Senate on Oct. 3 1 on Oct. 16, defeating Republican Steve Lonegan by 1 1 percentage points.

He will become the Senate's 53rd Democrat and New Jersey's first African-American senator. He is replacing Sen. Jeffrey Chiesa, a Republican whom Governor Christie appointed remaining in Lautenberg's term and can seek a full six-year term in next November's election. Earlier this week, Booker named Louisa Terrell, a Facebook lobbyist and former White House staffer, to be his chief of staff in the Senate. Modia "Mo" Butler, Booker's current chief of staff in Newark, will be the state director of his Senate office.

Email: linhorstnorthjersey.com By MICHAEL LINH0RST STATE HOUSE BUREAU Cory Booker will be sworn in to the U.S. Senate on Oct. 31, his representatives said Wednesday. Vice President Joe Biden will perform the swearing-in ceremony on the floor of the Senate at noon. Booker, the outgoing mayor of Newark, won New Jersey's special U.S.

Senate election BOOKER in June after Democratic Sen. Frank Lauten- berg died. Booker will serve out the 14 months susan c. ii rAessa lit THE ONLY FINISH LINE IS A CURE. 4 T9 4 LET'S MAKE EXCELLENT HAPPEN.

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