Incident 40099

Incident 40099

Incident 40099

Howard Gregg Diamond pleaded guilty to conspiracy to possess with intent to distribute controlled substances and health care fraud and aiding and abetting today before U.S. Magistrate Judge Christine Nowak in Grayson County, Texas.

According to information presented in court, beginning in 2010, Diamond wrote prescriptions for substances such as hydrocodone, oxymorphine, methadone, fentanyl, morphine, oxycodone, alprazolam, and zolpidem, without a legitimate medical purpose. Specifically, on July 15, 2014, Diamond distributed or dispensed morphine, oxycodone, alprazolam and zolpidem to an individual that resulted in that individual’s death on July 25, 2014. Additionally, Diamond had a claim for reimbursement for services submitted to Medicare claiming he treated a Medicare patient on Sep. 29, 2015, although he was in another state at that time. Diamond was indicted by a federal grand jury on July 6, 2017.

“Physicians like Dr. Diamond have been fueling the opioid crisis in this country,” said U.S. Attorney Joseph D. Brown. “The number of pills that he was putting out on the street was shocking. And in this case, death was linked to those pills. Undoubtedly, others’ addictions were worsened, and families suffered as a result. To reduce the impact of opioids, doctors have to take their obligations seriously, and if they don’t, there will be more prosecutions like this.”

This case is being prosecuted under the Organized Crime Drug Enforcement Task Force (OCDETF) as a joint investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, weapons trafficking offenders, money laundering organizations, and those individuals responsible for the nation’s illegal drug supply.

At the plea hearing, Diamond agreed to a sentence of 20 years in federal prison, waived his right to appeal and forfeited his DEA registration number. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

Approximate date(s) of the diversion: 07/25/2014
Where the Diversion Occurred: Sherman, TX Type of Healthcare Facility: Hospital
Person Diverting: Howard Gregg Diamond Profession of the person diverting: Physician or Medical Doctor (MD)
Patients were injured. Were they infected, filed lawsuits, or died as a result of this diversion incident? Death
Has the incident been reported? e.g. to local law enforcement, county board of health, state licensure board, and/or federal DEA or FDA authorities? Yes To whom has the incident been reported? Local Law Enforcement, , and/or federal DEA or FDA authorities?
Publicly available news reports about the incident: