Healthcarediversion

Ohio physician pleads guilty to 31 counts of illegally prescribing opioids, distributing controlled substances, and committing healthcare fraud.

Sun, 24 Sep 2023 00:00:00 +0000

An Ohio physician pled guilty to charges that he prescribed opioids for nonmedical purposes and continued to prescribe to patients he knew had psychiatric and substance use disorders, admitting that he also engaged in sex with at least three patients in exchange for opioids. Jeffrey B. Sutton, DO, a neuromuscular medicine specialist, pled guilty on January 30 in federal court to 31 counts of illegally prescribing opioids and other controlled substances, one count of illegally distributing controlled substances, and 20 counts of healthcare fraud. Prosecutors said Sutton admitted that he ignored warnings from prescription drug management organizations, insurers, and state authorities that he was prescribing excessively high dosages of opioids. Sutton also admitted to ignoring patient requests to lower dosages and that he also ignored signs that patients were selling prescribed medications or otherwise engaging in illicit activity, including violations of a "pain management agreement" that he required them to sign. The fraud counts pertained to Sutton billing Medicare, Medicaid, and other insurers for medically unnecessary visits that he required of patients so that he could prescribe inappropriate or unnecessary opioids. In the charging document shared with Medscape Medical News, prosecutors said Sutton had sex with at least three patients, including during office visits and outside of the office. Occasionally, the physician would give opioids or other controlled substances — often benzodiazepines — to these patients, without a prescription or valid medical need. Sutton escalated the dosage for one of those patients, even as the subjective pain score did not improve and when the patient's urine tests showed the presence of THC and buprenorphine, but not any of the prescribed medications. Another patient came to Sutton in 2007 with a warning that she had a history of "narcotic-seeking" behavior and diagnoses of depression, anxiety, paranoid schizophrenia, and obsessive-compulsive disorder. The patient was hospitalized in 2018 for complications from benzodiazepine use (prescribed by Sutton). She weighed 80 pounds at the time. Sutton continued to prescribe benzodiazepines and extreme doses of opioids — in excess of 2000 morphine equivalent dose — "despite recognizing and documenting repeated instances of non-compliance with treatment for psychiatric conditions, and despite the known contraindications of long-term opioid use for patients with these mental illnesses," according to the charging document. Sutton continued to prescribe opioids despite two hospitalizations for overdoses, more than 20 failed urine drug screens that showed presence of illicit drugs such as cocaine, and documented excessive use of alprazolam (Xanax) and methadone. The physician surrendered his Drug Enforcement Administration Certificate of Registration of Controlled Substances Privileges in February 2022 "as an indication of your good faith in desiring to remedy any incorrect or unlawful practices on your part," according to a letter to Sutton from the State Medical Board of Ohio. In that September 2022 letter, the Board notified Sutton of its intention to possibly suspend or revoke his license. Sutton did not request a hearing, and the Board permanently revoked his medical license on January 16.

Doctor and staff plead guilty to prescribing controlled substances without a proper examination & using pre-signed prescription pads.

Thu, 04 May 2023 00:00:00 +0000

A licensed primary care physician along with three members of his clinical staff and his office manager were sentenced Thursday for unlawful distribution of controlled substances and Medicaid fraud. According to court documents, Dr. Alfonso Luevano, 53, of Carrizo Springs prescribed large amounts of controlled substances, primarily Schedule II opioids, on a regular basis with little or no medical examination. He also directed mid-level practitioners to provide patients with prescriptions using prescription pads that he had pre-signed. According to data from the Texas prescription management program, Luevano and his mid-level practitioners issued at least 20,000 controlled substance prescriptions between March 2016 and March 2018. Hydrocodone alone comprised at least 50 percent of the prescriptions. The investigation also revealed several instances of Luevano prescribing patients a potentially lethal combination of an opioid, a benzodiazepine and a muscle relaxer. These illegal prescriptions resulted in multiple patient overdoses, at least two of which were fatal. Dr. Luevano was sentenced to 121 months in prison followed by three years of supervised release and a $10,000 fine. He also agreed to forfeit his Texas medical license and to sell his medical office building to pay the restitution and fine. Nurse practitioners Sara Barker, 47, and Rafael Santana, 49, along with licensed physician’s assistant Richard Marquez, 62, were also sentenced. Each had previously pleaded guilty to facilitating the unlawful prescriptions by seeing patients and then directing that the pre-signed prescription pads be filled out with controlled substances. Barker was sentenced to 18 months in prison; Santana received a one-year sentence; and Marquez received two years. Each will also pay a $5,000 fine. In addition, office manager Ofelia Martinez, 53, was sentenced on a single count of conspiracy to commit health care fraud. In her plea agreement, Martinez admitted that she had overbilled the Texas Medicaid program for the appointments conducted by the mid-level practitioner defendants by billing them as if Dr. Luevano had personally performed the appointment. Martinez was sentenced to 30 months in prison and ordered to pay $127,421 in restitution to the Medicaid program. Dr. Luevano also agreed in his plea to be jointly and severally liable for that same amount.

Three Georgia medical professionals sentenced for distributing ‘massive quantities’ of controlled substances from ‘pill mill’ over four years.

Tue, 06 Dec 2022 00:00:00 +0000

Two healthcare professionals, Wandle Keith Butler and Bridgett Stephanie Taylor, were recently sentenced after pleading guilty to their participation in a "drug trafficking conspiracy" that occurred at practices owned and managed by Dr. Wallace Steve Anderson. Dr. Anderson, who pleaded guilty in July, faces up to 5 years in prison and will be sentenced next month. All three defendants pleaded guilty to one count of conspiracy to unlawfully distribute and dispense Schedule IV controlled substances. Taylor and Butler were both sentenced by a federal judge, with Butler receiving prison time. Butler was sentenced to an 18-month prison term, followed by three years of supervised release. He was also ordered to pay $2,296.29 in restitution. While Taylor will not be serving time in prison after receiving 48 months of probation, she will have to pay $20,000 in restitution. The case first made headlines on October 6, 2020, when Anderson was arrested after multiple agencies executed federal search warrants at his local medical practices and Douglas home. The search began around 9:00 a.m., with detectives collecting and seizing evidence all day. Later in the day, Anderson was booked into the Coffee County Jail on one count of possession of a Schedule III controlled substance in violation of the Georgia Controlled Substances Act. He was released on bail the following morning. Almost a year later, Anderson, Butler, and Taylor were all charged in a 52-count federal indictment, accusing the three healthcare providers of a conspiracy to distribute "massive quantities" of controlled substances, "including highly addictive opioids." The indictment alleged that the three defendants operated or assisted in operating "normal pain management and addiction facilities which dispensed controlled substances without any legitimate purpose." Officials also stated the crimes occurred for more than four years, from February 1, 2016, until September 30, 2020. Anderson was the owner of two Douglas-based practices, Steve Anderson, PC, and Steve Anderson Behavioral Health, with Taylor working under Anderson as a Nurse Practitioner, and Butler working as a Physician Assistant for the practice. DOJ officials released a statement earlier this year, announcing that both Anderson, Taylor, and Butler pleaded guilty to their participation in the scheme. The release stated, "A Coffee County physician and two of his employees have admitted to participating in a drug trafficking conspiracy that distributed massive amounts of addictive controlled substances from a pain management clinic." The release also said that in pleading guilty, Anderson and his employees admitted that for four years, his nominal pain management and addiction facilities distributed alprazolam, temazepam, and clonazepam "not for a legitimate purpose and not in the usual course of professional practice." The defendants committed the act, according to the release, by providing pre-signed refill prescriptions before patients were examined by the physicians.

Three Georgia medical professionals sentenced for distributing ‘massive quantities’ of controlled substances from ‘pill mill’ over four years.

Tue, 06 Dec 2022 00:00:00 +0000

Alabama physician pleads guilty to conspiring to unlawfully distribute oxycodone. Eleven others in five states plead guilty for their roles in the scheme.

Tue, 15 Nov 2022 00:00:00 +0000

On July 26, 2022, Maurice Daughtry, 38, of Marietta, Georgia, was sentenced to 130 months in prison for his role as one of the organizers of a conspiracy to illegally distribute oxycodone, announced United States Attorney Sandra J. Stewart. According to Daughtry’s plea agreement and other court records, Daughtry entered into an agreement with co-conspirator, D’Livro Lemat Beauchamp, to obtain illegitimate prescriptions for oxycodone, a Schedule II controlled substance. At the time the conspiracy began, Beauchamp was a physician operating a medical practice in Montgomery, Alabama. Per their agreement, Dr. Beauchamp would sign oxycodone prescriptions made out to either Daughtry or one of his other co-conspirators. The co-conspirators would pay Dr. Beauchamp $350 per prescription. Once Dr. Beauchamp signed the prescriptions, the individuals named on the prescriptions—including Daughtry—would have them filled at local pharmacies. Daughtry would then collect pills from the co-conspirators, paying each one between $100 and $250 per prescription. Daughtry would then illegally distribute the oxycodone pills he obtained. Daughtry’s plea agreement indicates that he first received a prescription from Beauchamp as part of the scheme in August of 2012. Thereafter, Daughtry received prescriptions for 90 30-milligram oxycodone tablets approximately once a month. Daughtry specifically admitted during his plea hearing to receiving and filling 54 prescriptions representing a total of 145,800 milligrams of the drug. Documents indicate that the conspiracy continued until April of 2020 and involved numerous co-conspirators, some of whom were operating at Daughtry’s direction. Eleven people have pleaded guilty to charges related to distributing oxycodone involving the physician. The suspects appeared in federal court and pleaded guilty to charges of conspiring to possess oxycodone with intent to distribute unlawfully and for illegally distributing the prescription drug.

Joseph Anthony Coleman, 37, of Montgomery, Alabama
Kambria Symone Robinson, 29, of Atlanta, Georgia
Rubin Sanders, 30, of Atlanta, Georgia
Towanna Lorrell Chapman, 36, of Montgomery, Alabama
Jamal Anthony Thomas, 37, of Montgomery, Alabama
Maurice Daughtry, 38, of Marietta, Georgia
Melodie Donne Armer Cheatham, 38, of Savannah, Georgia
Carlos D’Angelo Jones, 34, of Memphis, Tennessee
Garren Charles Rogers, 35, of Houston, Texas
Geniece Chadell Maxon, 33, of Lynwood, Illinois
Robert Lee Thompson, 32, of Madison, Alabama

Philadelphia physician agrees to pay nearly $490,000 for Controlled Substances Act violations, like writing prescriptions “for stock.”

Tue, 15 Nov 2022 00:00:00 +0000

United States Attorney Jacqueline C. Romero announced on November 14, 2022, that Kenneth Fox, D.O., has agreed to pay $489,025 to resolve allegations that he violated the Controlled Substances Act (CSA) by failing to maintain complete and accurate records of controlled substances, failing to keep required receipt and dispensing records, failing to perform biennial inventories, and writing prescriptions “for stock.” The United States’ investigation involved Fox’s practice located at 1310 Frosty Hollow Road, Levittown, PA 19056. As part of the settlement, Fox has entered into a three-year Memorandum of Agreement (MOA) with the Drug Enforcement Administration (DEA), which includes additional responsibilities regarding the handling of controlled substances. The MOA imposes compliance obligations significantly more stringent than those in the applicable laws and regulations. Fox prescribes and administers phentermine, a Schedule IV controlled substance, and suboxone, a Schedule III controlled substance. In February 2013, DEA Investigators discovered that Fox allegedly failed to conduct a biennial inventory, failed to maintain records for receipt and dispensing of controlled substances, and failed to keep controlled substances secure – all in violation of applicable regulations and statutes. In April 2013, the DEA issued a Letter of Admonition to Fox, who agreed to correct his conduct thenceforth. Nine years later, the DEA performed another scheduled on-site inspection of Fox’s facility. During this inspection, Investigators discovered that Fox continued the same violations as before, and in addition, was prescribing controlled substances “for stock” in violation of the applicable regulations. On the date of inspection, Fox allegedly produced non-compliant and incomplete dispensing records, and no records of biennial inventory, or invoices/receipts for controlled substances. The Investigators obtained records of Fox’s prescriptions “for stock” from a local retail pharmacy. Physicians are prohibited from obtaining controlled substances for the purpose of general dispensing to patients; they must comply with the requirements for a valid prescription, including the date, patient’s name and address, drug name and strength, dosage form, quantity prescribed, directions for use, and the physician/registrant’s name, address, and registration number. The prescription requirement is one of the ways in which controlled substances are tracked to prevent diversion and abuse. The claims resolved by this settlement are allegations only and there has been no determination of liability.

Physician found guilty of prescribing controlled substances without legitimate medical purpose after complaints about a pill mill and patient overdose.

Wed, 02 Nov 2022 00:00:00 +0000

A federal jury convicted a Texarkana Doctor on two counts of Distribution of a Schedule II Controlled Substance Without an Effective Prescription and two counts of Distribution of a Schedule V Controlled Substance Without an Effective Prescription. According to court documents and evidence presented at trial, the Drug Enforcement Administration (DEA), Little Rock District Office (LRDO), Tactical Diversion and Diversion Groups initiated an investigation into Dr. Lonnie Joseph Parker, age 58, of Texarkana, Arkansas in 2018 after receiving complaints from local law enforcement about a suspected pill mill and possible overdose death of a patient. Investigators analyzed prescription drug monitoring data attributed to Dr. Parker, and the investigation revealed Dr. Parker was an over-prescriber of controlled substances, to include opioids, benzodiazepines, and promethazine with codeine cough syrup in the Texarkana area. In the two-year period analyzed, Dr. Parker prescribed approximately 1.2 million dosage units of opioid pain medications, including oxycodone, hydrocodone and fentanyl, to approximately 1,508 patients (approximately 847 dosage units per patient). Dr. Parker also prescribed approximately 16 gallons of Promethazine with Codeine cough syrup to approximately 29 patients during the same time frame. The prescriptions included narcotics written in combination with sedatives, creating a high risk of addiction and overdose to patients. Parker is scheduled to be sentenced at a later date and faces a maximum penalty of 20 years in prison. He also faces a period of supervised release and monetary penalties.

Maine osteopathic doctor arrested for alleged illegal distribution of oxycodone and other controlled substances.

Fri, 28 Oct 2022 00:00:00 +0000

A Maine doctor was arrested October 26, 2022, in Kennebunk Maine, on criminal charges related to her alleged illegal distribution of opioids and other controlled substances. According to court documents, the doctor allegedly prescribed opioids, and other controlled substances, outside the usual course of professional practice and without a legitimate medical purpose. Due to her dangerous prescribing, as a condition of her release, the doctor cannot prescribe any Schedule II-V controlled substances. The doctor is charged in an indictment with 10 counts of illegal distribution of opioids and other controlled substances. The defendant made her initial court appearance on Oct. 26. If convicted, she faces a maximum penalty of 20 years in prison on the top counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Osteopathic physician pleads guilty to illegally prescribing Xanax without doctor-patient relationships and without a DEA registration number.

Fri, 28 Oct 2022 00:00:00 +0000

An osteopathic physician from Collinsville, Illinois, pleaded guilty in U.S. District Court Tuesday and admitted illegally prescribing an anti-anxiety drug. Matthew Steven Miller, 43, pleaded guilty in front of U.S. District Judge Ronnie L. White to one count of obtaining a controlled substance by fraud and one count of making a false statement concerning a health care matter. Miller admitted illegally writing prescriptions for the anti-anxiety drug Xanax for six people between 2016 and 2018. He did not have a doctor-patient relationship with them, had not examined them, had not determined that they needed the drug and did not document the prescriptions, his plea agreement says. On some occasions, they sold the drugs and split the money with Miller, his plea says. Miller wrote the prescriptions despite not being licensed by Missouri’s Bureau of Narcotics and Dangerous Drugs and lacking a Drug Enforcement Administration registration number necessary to do so. Miller was licensed to practice medicine in Missouri, Michigan and New Jersey. The case was investigated by the Drug Enforcement Administration, the U.S. Department of Health and Human Services, Office of the Inspector General and the South Central Drug Task Force.

Physician convicted on 30 charges related to unlawful distribution of Oxycontin, Oxycodone, morphine, hydrocodone, and Xanax at two medical clinics.

Tue, 25 Oct 2022 00:00:00 +0000

Bingham Farms physician David Jankowski, 62, was convicted on July 11, 2022, by a federal jury in Detroit on thirty charges related to the unlawful distribution of Schedule II, III and IV controlled substances and health care fraud, announced United States Attorney Dawn N. Ison. The charges on which he was convicted stemmed from Jankowski’s operation of Summit Medical Group, a purported medical clinic formerly located in Dearborn Heights and Southfield, MI. According to the evidence presented at trial, Dr. Jankowski wrote medically unnecessary prescriptions for controlled substances such as Oxycontin, Oxycodone, morphine, hydrocodone, and Xanax. He also prescribed controlled substances after receiving cash from patient recruiters who brought patients to his practice. The evidence demonstrated that Jankowski issued or authorized the issuance of more than 1.7 million Schedule II controlled substances to individuals outside the course of professional medical practice and for no legitimate medical purpose in exchange for compensation. As part of this scheme, Dr. Jankowski also issued or authorized the issuance more than 800,000 Schedule III controlled substances and more than 870,00 Schedule IV controlled substances. The evidence also showed that Jankowski used his access to controlled substances to lure patients into his health care fraud scheme. Patients were attracted to his practice by the easy access to controlled substances. Many of these patients had no need for the drugs. Instead, the controlled substances were sold on the streets to feed the addictions of opioid addicts. Trial testimony and exhibits showed that Jankowski then submitted false and fraudulent insurance claims asserting that he had provided necessary treatment to these patients. The claims were submitted to Michigan auto insurance companies, private health care insurers, Medicare and Medicaid. Based upon these fraudulent claims, Dr. Jankowski received more than $29.3 million from the auto and private insurance companies and more than $6 million from Medicare and Medicaid. Dr. Jankowski was convicted of thirty of the thirty-two counts with which he was charged and faces a statutory maximum penalty of 20 years in federal prison.

Gynecologist, licensed pharmacist, and co-conspirators plead guilty for roles in operating a pill mill network in Atlanta.

Tue, 25 Oct 2022 00:00:00 +0000

Anthony Mills, a former Atlanta gynecologist, and Raphael Ogunsusi, a licensed pharmacist who owned two pharmacies, pleaded guilty for their roles in operating an Atlanta-area “pill mill” network that supplied addicts and drug dealers with large amounts of dangerous prescription drugs through illegal prescribing and dispensing. “Mills and Ogunsusi are now admitted drug dealers who violated the public’s trust by engaging in black-market sales of staggering amounts of dangerous opioid pills,” said U.S. Attorney Ryan K. Buchanan. “With opioid overdoses continuing to rise in Georgia, our office will continue to devote resources to prosecuting licensed professionals who fuel rather than help to stem the opioid epidemic.” “The dispensing of addictive prescription pain medication under the guise of a doctor’s care isn’t about the good of the community or an individual’s specific health needs – it’s about greed,” said Robert J. Murphy, the Special Agent in Charge of the DEA’s Atlanta Field Division. “Individuals like these defendants who operated a ‘pill mill’ are nothing more than drug dealers who are licensed to wear white coats and carry stethoscopes. They will now face the consequences for their criminal actions.” “These pleas should serve as a warning to any medical professional considering exploiting their patients for profit: you will be caught, you will be prosecuted, and you will pay a steep price,” said Lisa Fontanette, Assistant Special Agent in Charge IRS Criminal Investigation, Atlanta Field Office. “IRS-CI remains committed to working with our law enforcement partners to bring those seeking to enrich themselves at the expense of their patients, to justice.” According to U.S. Attorney Buchanan, the charges and other information presented in court: Anthony Mills was a medical doctor licensed to practice medicine in the State of Georgia since 1997, and whose specialty was listed with the medical board as “Gynecology.” Since at least October 2018, Mills operated a “pill mill” out of his personal residence, where he issued prescriptions for controlled substances (such as large quantities of oxycodone) to drug addicts and drug dealing “sponsors” in exchange for cash payments. Mills did not obtain necessary prior medical records of his “patients,” conduct physical exams, or do anything to establish a valid patient-physician relationship. Instead, he issued prescriptions in the names of individuals he never met or evaluated. Some of the prescriptions that Mills issued were in the names of individuals whose identities had been stolen and others who were incarcerated or deceased at the time Mills wrote the prescriptions. A large percentage of the illegitimate prescriptions written by Mills to drug-dealing sponsors were filled by licensed pharmacist Raphael Ogunsusi through his pharmacies, Evansmill Pharmacy and Retox Pharmacy. Ogunsusi knew that Mills operated a pill mill out of his home, and that Mills prescribed in excess of medically appropriate dosages and combinations of controlled substances. But Ogunsusi nonetheless dispensed controlled substances pursuant to prescriptions issued by Mills and others, which Ogunsusi knew were issued without a legitimate medical purpose and outside the usual course of professional practice. Ogunsusi accepted large cash payments in exchange for filling these illegal prescriptions, including as much as $900 to fill just one prescription for oxycodone and $500 to fill one prescription for Percocet. Ogunsusi knew these prices were well above the market value for legitimate prescriptions. To disguise the significantly inflated prices that he was charging to dispense illegal controlled substance prescriptions, Ogunsusi falsified, and directed others to falsify, the pricing information on his pharmacy computers to give the appearance that he had charged market prices for the controlled substance prescriptions. Ogunsusi also required sponsors to purchase a battery of additional non-controlled substances, which he referred to as the “Shebang,” as a condition for filling illegal controlled substance prescriptions. The purpose of these non-controlled substances was to maximize profits for his illegal dispensing. Ogunsusi also directed his pharmacy employees, including another licensed pharmacist, to dispense the illegal prescriptions. Ogunsusi also pled guilty to money laundering based upon his purchase of an airplane using the proceeds of his illegal drug dispensing and distribution. In addition to Mills and Ogunusi, pharmacist Moses Kirigwi, as well as sponsors Brittany Tinker and Keandre Bates, pleaded guilty to conspiring with Mills and Ogunsusi. Criminal charges remain pending against eight additional defendants.

Louisville doctor accused of taking bribes and kickbacks from a compounding pharmacy in Florida, among dozens nailed with drug charges from a 7-state bust.

Sat, 22 Oct 2022 00:00:00 +0000

A Louisville doctor is among the dozens of medical professionals nailed with federal drug charges stemming from a seven-state opioid bust.

31 doctors, seven pharmacists, eight nurse practitioners and seven others who are owners, operators or clinic employees from Ohio, Kentucky, Tennessee, West Virginia, Louisiana, Pennsylvania and Alabama are involved in the bust, which officials said is the largest crackdown of its kind in United States history.

While speaking to media on Wednesday, members of the Appalachian Regional Prescription Strike Force said those involved handed out around 350,000 prescriptions, totaling more than 32 million pills.

A doctor with Bluegrass Pain Consultants in Louisville has been named in the conspiracy. He’s accused of taking bribes and kickbacks from Assured RX, LLC, a pharmaceutical company in Florida. Assured RX, headed by a pharmacist, produced compounded drug products that were prescribed by the doctor and other medical professionals at BPC, according to the doctor's indictment.

Specifically, BPC prescribed compounded creams for scars, pain and other ailments.

Bluegrass Pain Consultants was established by the doctor in April 2008, however the conspiracy with Assured RX didn’t begin until November 2014, according to the indictment.

Prosecutors believe the doctor accepted payments from Assured RX in exchange for prescribing compounded drugs to patients, many of whom were on Medicare and Tricare. Assured RX would then submit the claims, resulting in reimbursement.

The indictment says the conspiracy caused Tricare to pay Assured RX $41,611.35 for compounded drug products between November 2014 and July 2015. During that time, the indictment claims the pharmacist, on behalf of Assured RX, paid nearly $226,000 in bribes and kickbacks.

Three pharmacists, a doctor and patient recruiters charged in a $9.6 million illegal controlled substance distribution conspiracy.

Mon, 10 Jul 2023 00:00:00 +0000

A Detroit-area pharmacist was convicted recently in federal court on one count of conspiracy to unlawfully distribute controlled substances and four substantive counts of unlawful distribution. According to a news report, U.S. Attorney Matthew Schneider said Abiodun Fabode, 57, of Chesterfield Township, was convicted after a two-week trial. The conviction, one of Michigan’s largest drug diversion schemes in history, came about 18 months after Fabode and his co-conspirators — two pharmacists, one physician and two “patient recruiters” — were first arrested. During the trial, prosecutors presented evidence showing that between January 2015 and March 2018, Fabode, a co-owner and operator of Friendz Pharmacy in Detroit, dispensed more than 245,080 unit dosages of controlled substances without legitimate medical purpose. Fabode dispensed the opioids, including Oxycodone and Oxymorphone, in exchange for cash payments totaling more than $1.89 million, according to reports. The pills were then later resold on the street market by the pill dealers and carry a conservative estimated wholesale street value of $7 million. In the earlier press release issued May 2018, the Department of Justice detailed the steps Fabode and four other healthcare professionals took to issue and dispense prescription opioids for supposed patients who did not have a legitimate medical need for the drugs. Physician Deshikachar primarily prescribed oxycodone and oxymorphone. Then, the two patient recruiters, Niesheia Tibu and Andrei Tibu, would take the supposed patients to Precare Pharmacy, Global Health Pharmacy and Friendz Pharmacy, where pharmacists Amir Rafi and Fabode would dispense the drugs. The other co-defendants — Rafi, Deshikachar, and the Tibus — all pleaded guilty to the conspiracy late last year, according to report. They are currently awaiting sentencing for their roles in this opioid drug diversion scheme in the coming months.

The doctor operated three clinics in North Alabama and was the only physician working at any of those clinics, but saw as many as 100 patients per day.

Mon, 17 Oct 2022 00:00:00 +0000

The Department of Justice, together with federal and state law enforcement partners, announced criminal charges against 14 defendants in eight federal districts across the United States for their alleged involvement in crimes related to the unlawful distribution of opioids. Twelve of the defendants were medical professionals at the time of these alleged offenses. A North Alabama doctor was charged by indictment with conspiracy to unlawfully distribute controlled substances, conspiracy to commit health care fraud, and health care fraud, as well as several substantive counts of illegally issuing opioid prescriptions. According to the indictment, between 2015 and March 2020, the doctor operated three medical clinics in Huntsville, Athens, and Killen, Alabama, where they served as the sole physician. The clinics billed insurers for millions of dollars in patient office visits that the doctor supposedly conducted, but was allegedly absent from, so other staff conducted patients visits instead. During these visits, patients regularly received opioid prescriptions that the doctor allegedly pre-signed.

The doctor operated three clinics in North Alabama and was the only physician working at any of those clinics, but saw as many as 100 patients per day.

Mon, 17 Oct 2022 00:00:00 +0000

The doctor operated three clinics in North Alabama and was the only physician working at any of those clinics, but saw as many as 100 patients per day.

Mon, 17 Oct 2022 00:00:00 +0000

Clinic owner provided addiction treatment but prescribed oxycodone, oxymorphone, and other controlled substances despite red flags for addiction and abuse.

Mon, 17 Oct 2022 00:00:00 +0000

The Department of Justice, together with federal and state law enforcement partners, announced criminal charges against 14 defendants in eight federal districts across the United States for their alleged involvement in crimes related to the unlawful distribution of opioids. Twelve of the defendants were medical professionals at the time of these alleged offenses. A federal jury in Nashville convicted a physician Tuesday for unlawfully distributing oxymorphone, oxycodone, morphine sulfate, and other controlled substances from his Smyrna clinic. Officials said Hau T. la, 54, of Brentwood, owned and operated Absolute Medical Care, which closed in the Spring of 2021. According to court documents, La purportedly provided addiction treatment as his primary practice but prescribed opioid pain pills to some of his patients despite red flags for addiction and abuse. AMC reportedly did not accept health insurance and charged patients $200-$350 cash, credit, or debit, per visit and was only open on Fridays. Officials said that La rarely spent more than a few minutes with the patients to whom he provided unlawful opioid prescriptions. La was convicted of 12 counts of unlawful distribution of a controlled substance outside the usual course of professional practice and not for legitimate medical purposes. The jury reportedly acquitted him of four counts. He now faces a maximum of 20 years in prison on each count.

Tennessee family medicine doctor charged with unlawful distribution of controlled substances, including oxycodone, hydrocodone, and buprenorphine.

Mon, 17 Oct 2022 00:00:00 +0000

A family medicine doctor of Manchester, Tennessee was charged by indictment with conspiracy to unlawfully distribute controlled substances, unlawful distribution of controlled substances, and maintaining a drug-involved premises. The doctor owned and operated a medical practice in Manchester and was charged in connection with an alleged scheme to distribute opioids and Suboxone outside the usual course of professional practice and without a legitimate medical purpose.

Kentucky doctor charged with unlawful distribution of hydrocodone and other controlled substances, making false statements. and defrauding Medicare & Medicaid.

Mon, 17 Oct 2022 00:00:00 +0000

The Department of Justice, together with federal and state law enforcement partners, announced criminal charges against 14 defendants in eight federal districts across the United States for their alleged involvement in crimes related to the unlawful distribution of opioids. Twelve of the defendants were medical professionals at the time of these alleged offenses. A Kentucky doctor was charged by indictment with unlawful distribution of controlled substances and making false statements in connection with the delivery of health care services. These charges stem from allegedly issuing prescriptions for opioids outside the usual course of professional practice and without a legitimate medical purpose while the owner and operator of East KY Clinic, PLLC in Paintsville. According to the indictment, the doctor issued these unlawful prescriptions to have continued access to patients whose health care treatment was paid for by taxpayer-funded programs like Medicare and Medicaid and to bill these programs for medically unnecessary procedures for these patients. Sometimes patients waited for hours to see this doctor for their prescriptions but had interactions with him that lasted only a few minutes and sometimes only a few seconds; the doctor is alleged to have fraudulently billed these visits as if they were much lengthier and more complex.

Ohio family practice physician unlawfully prescribed hydrocodone and tramadol from 2017-2020.

Mon, 17 Oct 2022 00:00:00 +0000

Ohio MD charged with unlawful distribution of controlled substances for illegally prescribing buprenorphine, dextroamphetamine-amphetamine, and clonazepam.

Sun, 16 Oct 2022 00:00:00 +0000

Gynecologist, licensed pharmacist, and co-conspirators plead guilty for roles in operating a pill mill network in Atlanta.

Fri, 14 Oct 2022 00:00:00 +0000

Florida pharmaceutical president pleads guilty to using a manufacturing facility and employees to produce more than 500,000 pints of counterfeit cough syrup.

Tue, 19 Sep 2023 00:00:00 +0000

A Florida-based pharmaceutical president pleaded guilty to federal drug trafficking violations in the Eastern District of Texas. Adam P. Runsdorf, 57, of Boca Raton, Florida, pleaded guilty to conspiracy, trafficking in counterfeit drugs, and money laundering conspiracy. He was subsequently sentenced to 25 years in prison. According to the indictment, from April 2014 until August 2021, Runsdorf, the owner and president of Woodfield Pharmaceutical LLC based in Boca Raton, Florida, conspired with drug traffickers in Houston, Texas, to distribute misbranded and counterfeit cough syrup. Runsdorf’s company pleaded guilty to the same charges today. According to information presented in court, Byron A. Marshall, 43, of Houston, utilized Woodfield Pharmaceutical’s manufacturing facility and employees in Houston to produce more than 500,000 pints of counterfeit cough syrup. Marshall’s drug trafficking organization sold the counterfeit drugs across Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina, Tennessee, Wisconsin, California, Florida, Arkansas, and Ohio. Prices generally ranged from $100 to more than $1,000 per one-pint bottle. Depending on the market and brand of cough syrup, prices went as high as $3,800 to $4,000 per pint. During the conspiracy, Marshall communicated directly with Runsdorf regarding production of the counterfeit cough syrup. At Runsdorf’s request, Marshall paid Woodfield Pharmaceutical in cash only, and Woodfield employees mailed the cash directly to Runsdorf in Boca Raton. Six codefendants, including Marshall, have already pleaded guilty and are awaiting sentencing. Runsdorf faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office. “In April 2014, Actavis Holdco US discontinued production of Actavis cough syrup due to its widespread abuse by recreational drug users,” said U.S. Attorney Brit Featherston. “After that, the street value of Actavis increased to more than $3,000 per pint. In his greed, Adam Runsdorf, owner and president of Woodfield Pharmaceutical, used his position and connections to enable drug traffickers in Houston to produce thousands of gallons of counterfeit Actavis, labeled to be nearly identical to the discontinued product. The conspirators in this case sought to capitalize on the scarcity of Actavis and other prescription cough syrups by marketing counterfeit versions to street-level abusers.” "Today Adam Runsdorf pled guilty for his role as the CEO of Woodfield Distributors to illegally distributing thousands of controlled substances into our communities, Runsdorf misused the privilege granted by the DEA to handle controlled substances by conspiring with street level drug dealers to manufacture fake drug labels to help drug dealers profit," said DEA Special Agent in Charge of the Houston Division Daniel C. Comeaux.

County coroner convicted for illegal distribution of controlled substances - license suspended, and had been restricted twice before.

Wed, 05 Oct 2022 00:00:00 +0000

A federal jury convicted a Kentucky man on September 24, 2022, for illegally prescribing controlled substances Oxycontin, Klonopin, Ambien, and Valium in violation of the Controlled Substances Act. According to court documents and evidence presented at trial, Dr. David Suetholz, 71, of Ludlow, unlawfully prescribed controlled substances to his patients outside the usual course of professional practice and not for a legitimate medical purpose. Some patients were prescribed high doses of medication and in dangerous combinations without justification. Suetholz also prescribed to patients without assessing their risks for addiction or their past history of substance abuse. Suetholz was convicted of 12 counts of unlawful distribution of a controlled substance. He is scheduled to be sentenced on March 22, 2023, and faces a maximum penalty of 20 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

A federal jury convicted a Pennsylvania doctor and office manager for an incentivized prescribing scheme involving injured federal workers and Medicare beneficiaries.

Mon, 03 Oct 2022 00:00:00 +0000

A federal jury convicted a Pennsylvania man and woman on September 21, 2022, for a scheme to pay and receive kickbacks in exchange for the referral of prescription medications. According to court documents and evidence presented at trial, Steven J. Valentino, 65, of Haverford, and Michele Miller, 53, of Swarthmore, a doctor and his office manager, respectively, participated in an incentivized prescribing scheme involving injured federal workers and Medicare beneficiaries. Valentino and Miller received kickbacks for referring, ordering, and arranging for medications – including expensive compound medications – to be filled by a Houston pharmacy. Between May 2013 and July 2017, the pharmacy billed the Department of Labor Office of Workers’ Compensation Program (DOL-OWCP) and Medicare approximately $2.5 million and was paid approximately $1.1 million for prescriptions referred, ordered, and arranged by Valentino and Miller in exchange for illegal health care kickbacks. Valentino and Miller were both convicted of conspiracy to pay and receive health care kickbacks, and each was also convicted of two counts of receiving health care kickbacks.

Physician convicted on 30 charges related to unlawful distribution of Oxycontin, Oxycodone, morphine, hydrocodone, and Xanax at two medical clinics.

Mon, 03 Oct 2022 00:00:00 +0000

Georgia MD has agreed to surrender DEA registration for 5 years to resolve allegations that he prescribed controlled substances while his license was suspended.

Mon, 12 Sep 2022 00:00:00 +0000

Keith Jeffords, M.D., has agreed to pay $100,000 in penalties and refrain from applying for a DEA registration for a period of five years to resolve allegations that he issued prescriptions for controlled substances while his medical license was suspended by the Georgia Composite Medical Board, in violation of the Controlled Substances Act (CSA). The CSA requirements are designed to prevent the diversion of controlled substances and ensure that controlled substances are dispensed and prescribed by authorized individuals. Prior to agreeing that he would not hold a registration for a period of five years, Dr. Jeffords voluntarily surrendered his registration to the DEA. “A suspended medical license means that a doctor cannot write prescriptions for controlled substances, period,” said U.S. Attorney Ryan K. Buchanan “When physicians ignore this basic requirement of the Controlled Substances Act, our office will vigorously pursue the violations.” “While in the midst of this country’s prescription opioid epidemic, eliminating physicians who disregard both state and federal licensing requirements and who continue to prescribe opioids is an important part of DEA’s mission,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “This medical doctor surrendered his DEA registration and will refrain from applying for a registration for a period of time and will pay a fine. This case was a success because of the hard work and dedication put forth by DEA and its law enforcement partners.” Keith Jeffords operates a plastic surgery practice in Smyrna, Georgia. Jeffords wrote prescriptions for powerful opioids after the Medical Board summarily suspended his license on November 22, 2021. As part of the settlement, Jeffords acknowledged that he distributed controlled substances in violation of the CSA and its implementing regulations. The CSA was enacted by Congress to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications. The CSA prohibits DEA registrants without a valid state medical license from issuing prescriptions for controlled substances. DEA registrants who issue prescriptions without a valid medical license are subject to civil monetary penalties for each violation. This case was investigated by the Drug Enforcement Administration. The civil settlement was reached by Assistant U.S. Attorneys Austin Hall and Adam Nugent. For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmail@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

On over 1,000 occasions spanning nearly a decade, patients were unwittingly injected with cheaper, foreign Orthovisc that had not been approved by the FDA.

Tue, 30 Aug 2022 00:00:00 +0000

U.S. District Judge E. Richard Webber on August 25, 2022 sentenced a doctor from Town and Country, Missouri to a year in prison for a health care fraud scheme and ordered he and his wife to repay $235,977. On over 1,000 occasions spanning nearly a decade, Dr. Abdul Naushad, 58, and Wajiha Naushad, 47, had their unwitting patients injected with cheaper, foreign Orthovisc that had not been approved by the Food and Drug Administration, Assistant U.S. Attorney Derek Wiseman said in court. The Naushads betrayed the trust of elderly and impoverished patients to fund a lavish lifestyle that included a $2 million mansion, two vacation houses and four luxury cars, Wiseman said. FDA-approved Orthovisc, which is sold by authorized distributors in the United States, comes in a pre-filled syringe. It is injected into the knee to relieve osteoarthritis pain and is available only by prescription. The Naushads concealed their actions from patients, employees and publicly-funded health insurance programs by, among other things, stonewalling questions from their chief of purchasing. After a shipment of foreign, unapproved injections was seized by the FDA, the Naushads had the next shipment sent to their home. Wajiha Naushad lied to her compliance officer and friend by telling her the injections came from a distributor in the U.S., and fraudulently persuaded the compliance officer that the Orthovisc had a required National Drug Code number. A jury in April convicted the couple of one conspiracy count and one count of health care fraud. Wajiha Naushad was sentenced Thursday to three years of probation. “Injectable unapproved medical devices that are smuggled from unknown foreign sources and come from outside the secure supply chain can present a serious health risk to patients who receive them,” said Special Agent in Charge Charles L. Grinstead with the Kansas City Field Office of the Food and Drug Administration’s Office of Criminal Investigations. “Not only are the device components completely unknown, the conditions under which they are manufactured and held are outside the regulatory scrutiny of the legitimate supply chain. We will continue to investigate and bring to justice those who traffic in illegal unapproved medical products,” he said. Special Agent in Charge Curt L. Muller with the U.S. Department of Health and Human Services Office of Inspector General said, “The Naushads went to significant lengths to conceal their repeated use of and billing for a medication that they did not actually provide to patients. In addition to the defendants misleading patients and staff about the substance used for these injections, the Naushads deceived federal health care programs into reimbursing for a more expensive medication than was used. For HHS-OIG and our law enforcement partners, ceasing fraudulent activity that targets these programs is a top priority.” The Food and Drug Administration Office of Criminal Investigations, the Drug Enforcement Administration, the Department of Health and Human Services and the Missouri Medicaid Fraud Control Unit investigated the case. Assistant U.S. Attorneys Derek Wiseman and Dorothy McMurtry prosecuted the case.

California doctor arrested after prescribing opioids to undercover agents. Pharmacies in Sacramento called in tips about his suspicious prescribing practices.

Mon, 22 Aug 2022 00:00:00 +0000

A Modesto, California physician,

A medical director, operator and two unlicensed practitioners at a Texas clinic submitted fraudulent claims to Medicaid and Medicare for services not provided.

Mon, 22 Aug 2022 00:00:00 +0000

A medical director, operator and two unlicensed practitioners at a Texas medical clinic are now in custody on charges related to their alleged participation in a $32 million health care fraud scheme.

Complaint alleges that clinic owners ignored signs of abuse, and drug toxicity played a role in the deaths of individuals who received controlled substances.

Tue, 16 Aug 2022 00:00:00 +0000

The United States filed a civil complaint seeking to permanently enjoin the owners of a Tampa-area clinic and pharmacy from unlawfully dispensing opioids and other controlled substances, the Department of Justice announced today. In a complaint filed in U.S. District Court for the Middle District of Florida, the government alleges that Dr. Tobias Bacaner, Theodore Ferguson II, and Timothy Ferguson used Paragon Community Healthcare Inc., to unlawfully issue controlled substance prescriptions, and Cobalt Pharmacy Inc., to unlawfully fill controlled substance prescriptions, all in violation of the Controlled Substances Act. The complaint alleges that the defendants ignored obvious signs of abuse or diversion when issuing and filling opioid prescriptions. The complaint also alleges that drug toxicity played a role in the deaths of several individuals who received controlled substances from the defendants. “The opioid addiction epidemic continues to devastate communities,” said Acting Assistant Attorney General Brian Boynton of the Justice Department’s Civil Division. “The Department of Justice and its law enforcement partners will hold accountable those who illegally distribute and dispense opioids.” “The illicit proliferation and abuse of opioids, by any means, remains a growing threat to communities across the country,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “When these means include the breach of trust and illegal conduct of medical professionals, for profit, it is even more disturbing. The U.S. Attorney’s Office will continue to work with its partners to investigate and prosecute those who violate their oath and put the public at risk.” “DEA will not tolerate individuals who seek to profit from addiction and prey on vulnerable populations,” said Acting Administrator D. Christopher Evans of the Drug Enforcement Administration (DEA). “We will use every tool at our disposal to stop and bring to justice those who willfully endanger others and exacerbate the opioid epidemic.” The complaint alleges that Bacaner, a medical doctor licensed in Florida, wrote prescriptions for potent and dangerous opioids outside the usual course of professional practice. The complaint alleges that Bacaner and his business partners, Theodore and Timothy Ferguson, profited from unlawful prescribing at the Fergusons’ cash-only pain clinic, Paragon Community Healthcare, and that patients from Paragon often took those same prescriptions to the defendants’ jointly owned pharmacy, Cobalt Pharmacy. The complaint seeks civil penalties as well as a permanent injunction against the defendants. The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial. The case is being handled by Assistant U.S. Attorney Lindsay S. Griffin, and Trial Attorney Scott Dahlquist of the Justice Department’s Consumer Protection Branch. The investigation is being conducted by the DEA’s Tactical Diversion Squad in the Tampa District Office.

Doctors obtained oxycodone and other opioids and received kickbacks, defrauding Medicare and Medicaid out of $4,704,568 for prescription drugs and drug tests.

Tue, 16 Aug 2022 00:00:00 +0000

United States District Judge Henry E. Autrey sentenced Denis Mikhlin to 108 months in prison on February 5, 2021. The judge also ordered Mikhlin to pay restitution. The 41-year-old St. Louis County, Missouri resident pleaded guilty, in August, to four felony counts of conspiracy, obtaining oxycodone and other opioid drugs by fraud and deceit, receiving illegal kickbacks in return for sending urine specimens to Central Diagnostic Laboratory for medically unnecessary testing, and causing the Medicare and Medicaid programs to pay $4,704,568 for medically unnecessary prescription drugs and drug tests. Mikhlin conspired with Dr. Jerry Leech and others to issue and distribute illegal prescriptions for opioids and other controlled substances to patients. Mikhlin and his co-conspirators knew the patients did not have a legitimate medical need for drugs and instead were abusing the drugs or selling them. Additionally, Mikhlin recruited individuals and paid them for the use of their names on the fraudulent prescriptions. Once the prescriptions were filled, some of the drugs were returned to Mikhlin and the rest were kept by the individuals or sold to others. To conceal this illegal activity, Mikhlin and others created patient files, falsely indicating the patients had been examined by the prescribing doctors and the patients were regularly monitored and tested. On February 2, 2021, co-defendant Dr. Jerry Leech pleaded guilty to four felony counts for his actions related to this conspiracy and fraud scheme. His sentencing is scheduled for May 11, 2021. Co-defendants Erin Herman, Vladimir Kogan, Ebony Price, Tijuana Spates, and Erica Spates have also pleaded guilty. All are scheduled for sentencing in May 2021. The case was investigated by the Office of the Inspector General, U.S. Department of Health and Human Services, Federal Bureau of Investigation, Missouri Medicaid Fraud Control Unit, Missouri Attorney’s General Office and the U.S. Department of Defense. Assistant United States Attorney Dorothy McMurtry is handling the case.

Clinic owner and CEO sentenced to federal prison after laundering money in connection with a “pill mill” illegally dispensing massive amounts of drugs.

Tue, 16 Aug 2022 00:00:00 +0000

A former Garden City, Ga., clinic owner and CEO has been sentenced to federal prison after admitting she laundered money in connection with a notorious “pill mill” doctor who illegally dispensed massive amounts of drugs. Jamesetta Whipple-Duncan, 59, of Savannah, was sentenced to 60 months in prison after pleading guilty in U.S. District Court to one count of Money Laundering, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Lisa Godbey Wood also ordered Whipple-Duncan to pay $86,074 in restitution and to serve three years of supervised release after completion of her prison sentence. There is no parole in the federal system. “This sentence holds accountable yet another instrumental figure who helped pour gasoline on the raging fire of the opioid addiction crisis,” said U.S. Attorney Estes. “Along with our law enforcement partners, we will continue to bring to justice those who exacerbate drug addictions in our community, whether they stand or street corners or dress in lab coats.” As described in the plea agreement and other court documents, Whipple, as owner of the now-closed Georgia Laboratory Diagnostics LLC, in Garden City, Ga., was an employer of Dr. Frank Bynes Jr., 69, of Savannah. Bynes was sentenced in February 2020 to 240 months in prison and ordered to pay $615,145 in restitution to Medicare, Medicaid and Tricare after being found guilty by a federal jury on 13 counts of Unlawful Dispensation of Controlled Substances and three counts of Health Care Fraud. For Whipple-Duncan’s role, she owned and operated the clinic, hired Dr. Bynes, and then profited as her clinic provided Bynes with a base of operation from which he illegally distributed controlled substances, including highly addictive opioids and drug cocktails favored by addicts. Whipple-Duncan controlled the finances of the clinic, which largely consisted of cash from the clinic’s patients. Whipple-Duncan used that cash to continue operations of the clinic, and to finance expenditures for herself, including a Mercedes-Benz sedan, a Hummer H2, a Can-Am Spyder, and a Polaris Slingshot. “Denying deceitful medical providers the opportunity to improperly prescribe highly-addictive pills is a key priority for the DEA,” said Robert J. Murphy, the Special Agent in Charge of the Atlanta Field Division of the U.S. Drug Enforcement Administration. “This investigation was a success thanks to collaboration with local law enforcement.” “In the midst of this country’s prescription opioid epidemic, it is the FBI’s goal to work with our law enforcement partners to prosecute anyone who recklessly overprescribes pharmaceutical pills, especially for non-medical reasons,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “Whipple-Duncan’s actions directly contributed to the opioid crisis in our community and for that she is being held accountable.” “Aiding in the illegal prescription of large amounts of drugs both undermines critical measures to address the opioid crisis and also puts patients at serious risk of overdose and other forms of physical harm,” said Tamala Miles, Special Agent in Charge at the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to hold accountable bad actors who exploit opioid addiction for personal financial gain.” “The opioid addiction crisis in this country deeply affects the military members as well as their families,” stated Special Agent in Charge Cynthia A. Bruce, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office. “The selfishness of Whipple-Duncan represents another reprehensible side of this crisis where greed outweighs the humanity towards those struggling with addiction. DCIS will continue to work closely with our investigative partners to hold those responsible who advance the opioid crisis for their own personal gain.” The case was investigated by the U.S. Drug Enforcement Administration, the Department of Health and Human Services Office of Inspector General, the FBI, the Defense Criminal Investigative Service, and an investigator with the U.S. Attorney’s Office. Whipple-Duncan is being prosecuted by Assistant U.S. Attorneys Jonathan A. Porter and Patrick J. Schwedler.

Anchorage doctor provided prescriptions for fentanyl and oxycodone in exchange for meperidine, also prescribed by the doctor without legitimate medical need.

Tue, 16 Aug 2022 00:00:00 +0000

U.S. Attorney Bryan Schroder announced on January 6, 2021, that U.S. District Court Judge Sharon L. Gleason sentenced Michael Don Robertson, 68, a former Anchorage psychiatrist, to 12 months home confinement and 5 years of probation for conspiracy to commit controlled substance fraud and one count of health care fraud. Robertson knowingly and intentionally distributed controlled substances outside the usual course of professional practice and without a legitimate medical purpose. According to court documents, from May 2015 to March 2018, Robertson issued 465 prescriptions of meperidine to 30 different recipients, totaling 32,109 meperidine pills, knowing that the recipients did not truly need the medication for a legitimate medical purpose. The investigation revealed that Robertson issued the meperidine prescriptions as part of a conspiracy in which the recipients filled the meperidine prescriptions and, then, distributed the meperidine to Robertson. In exchange for the recipients diverting the meperidine to Robertson, Robertson provided prescriptions for controlled substances, including fentanyl and oxycodone, to the recipients. Meperidine, commonly known as Demerol, is a Schedule II controlled substance, and is an opioid with an abuse liability similar to morphine. The investigation further revealed that Robertson failed to make and preserve accurate records regarding approximately 790 prescriptions for controlled substances and failed to keep any medical records whatsoever regarding five patients to whom he wrote prescriptions for controlled substances. In a scheme to obtain money from Medicaid, Robertson caused claims to be submitted to Medicaid regarding these 790 prescriptions, resulting in Medicaid paying $3,286.87 to Robertson’s medical practice. Further, Medicaid paid $3,601.52 to pharmacies for these 790 controlled substance prescriptions. Robertson pleaded guilty to the charges on July 31, 2019. At sentencing on January 6, 2021, Robertson apologized to the people that he involved in the scheme, the medical profession, and his family. Robertson surrendered his medical license and DEA Registration after being questioned by law enforcement. The Court held that 12 months of home incarceration was appropriate due the COVID pandemic and the need to impose a just sentence due to the severity of the crime, while also avoiding disparity with sentences for other similar drug crimes. In addition to the 12-month home confinement, Robertson was ordered to complete 5 years of probation and pay restitution in the amount of $6,888.39 to Medicaid to reimburse the cost of the illegally prescribed drugs. United States Attorney Bryan Schroder commended the law enforcement team that investigated this case. “This conviction is a reminder that COVID is not the only pandemic confronting America and Alaska; fighting the opioid epidemic remains an important priority for the Department of Justice. Federal law enforcement investigates and prosecutes unlawful drug distribution, including that crime committed by doctors.” The U.S. Drug Enforcement Administration (DEA), the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG), the State of Alaska Medicaid Fraud Control Unit (MFCU), and the Federal Bureau of Investigation (FBI) conducted the investigation leading to the successful prosecution in this case. This case was prosecuted by Assistant U.S. Attorney Jonas M. Walker.

Over the course of a two-year period, the doctor prescribed more than 4,200 10mg oxycodone pills to a patient and bought them back.

Mon, 08 Aug 2022 00:00:00 +0000

A Lincoln doctor and his patient were sentenced on Tuesday for an illegal drug scheme. Dr. Keith Hughes, 56, and Colby Digilio, 34, of Valparaiso, began being investigated in January 2020. The Lancaster County Sheriff’s Office had received a tip that Hughes was prescribing a large number of oxycodone pills to Digilio. Between April 2018 and July 2020, Hughes prescribed a total of 4,232 10 mg oxycodone pills over 63 prescriptions, according to the Department of Justice. Hughes was using Digilio to buy back the pills for personal use. In exchange, Digilio was paid in cash, sports tickets and sports memorabilia.

Hughes was an orthopedic surgeon. His license has since been revoked by the Nebraska Department of Health and Human Services.

Both men were sentenced for obtaining oxycodone by misrepresentation, fraud, forgery, deception or subterfuge by obtaining prescriptions of oxycodone for personal use. United States District Judge John Gerrard sentenced Hughes to five years of probation and ordered him to pay a $20,000 fine. Digilio was sentenced to two years of probation and ordered to pay a $1,000 fine.

A Chicago physician prescribed opioids to patients without a medical examination or visit and then fraudulently billed Medicare for the nonexistent treatment.

Mon, 08 Aug 2022 00:00:00 +0000

A suburban Chicago physician prescribed opioids to patients without a medical examination or visit and then fraudulently billed Medicare for the nonexistent treatment, according to a criminal charge filed in federal court.

Doctor's medical license suspended and DEA registration revoked after prescribing controlled substances for patients and himself without a legitimate purpose.

Mon, 16 Oct 2023 00:00:00 +0000

On March 3, 2022, DEA Chicago Diversion Investigators served an Immediate Suspension Order on

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Tue, 02 Aug 2022 00:00:00 +0000

The Colorado Medical Board revoked the license of a Julie Lynn Halling, a doctor, effective on 2/19/2021. The found the doctor had prescribed a family member multiple controlled substances, including Alprazolam (“Xanax”), Ambien, and Hydrocodone Acetaminophen (“Norco”) Their findings of fact noted Halling did not discuss or document discussing the danger of taking both Xanax and Ambien at the same time with Patient A, nor did she discourage or document discouraging Patient A from doing this. Halling did not discuss or document discussing the danger of consuming alcohol while taking Xanax and Ambien. The DEA subsequently revoked the doctor's DEA License on 6/27/22, effective 30 days later.

Gastroenterologist accused of providing “grossly” insufficient medical treatment to patients and prescribing drugs to himself.

Sun, 31 Jul 2022 00:00:00 +0000

A Vineland gastroenterologist accused of providing “grossly” insufficient medical treatment to patients and prescribing drugs to himself has reached a settlement with the board that licenses New Jersey doctors.

Dr. Gary Matusow must undergo monitoring of his work for at least a year as part of a consent order he reached May 14 with the State Board of Medical Examiners that allows him to resume practicing medicine.

The agreement included a 17-month retroactive suspension of Matusow’s medical license and a 19-month probationary period.

Matusow “denies all allegations of wrongdoing,” according to the consent order.

The Board of Medical Examiners has scrutinized Matusow since April 2013, after Inspira Health Network reported concerns about his work.

An expert working for the board determined he deviated from accepted standards of care while performing procedures on three patients, all of whom suffered complications. It reached a similar conclusion regarding another patient’s care in 2016.

In October 2016, Matusow voluntarily stopped practicing medicine while the board further investigated the allegations.

But the board said the doctor acknowledged that he “renewed several of his patients’ prescriptions” during the period when he said he would refrain from practicing medicine.

“He further admitted calling in prescriptions for controlled substances for himself using his partner’s name,” according to the consent order.

Earlier this year, the doctor’s legal counsel told the board that Matusow has taken several steps to get his career back on track.

He completed a five-day inpatient assessment at a Pennsylvania substance abuse treatment center “to address his inappropriate self-prescribing,” according to the consent order. He also completed two “professional boundaries classes,” underwent psychotherapy and enrolled in the Professional Assistance Program.

His legal counsel also submitted a report to the board from an expert who concluded Matusow’s treatment of the four patients “met the standard of care.”

Matusow did not make himself available for an interview with The Daily Journal on Tuesday, but he did answer some questions via email.

He said it’s important to understand the context behind the report Inspira filed with the state regarding his actions. He and Inspira had a “mutually antagonistic relationship” and the health system wanted to harm the doctor because he was a “popular” competitor and one of the “biggest thorns in their side,” Matusow said.

The doctor said none of the cases reported to the state board involved malpractice or patient deaths, and noted his expert “refuted” the allegations of improper medical care.

Matusow did not admit any wrongdoing or liability when signing the consent order.

Under the agreement reached last week, his license to practice medicine and surgery was suspended for three years. That included 17 months of “active suspension,” which began retroactively when he voluntarily stopped practicing medicine in October 2016, according to the order. The rest of the suspension is a probationary period during which Matusow can practice medicine if he complies with certain restrictions.

That includes completing a refresher course in how to properly perform endoscopies, doing some procedures under the review of a proctor, submitting 15 randomly selected patients’ cases for monthly review by a monitor for at least one year, and abstaining from alcohol or other psychoactive substances for at least a year. Matusow also was ordered to pay $14,694 in costs to the Board of Medical Examiners.

Matusow did not answer questions from The Daily Journal about if or when he would resume practicing medicine, and where he might work.

The Facebook page “Patients And Friends Support Dr. Gary Matusow” said in an online post Tuesday that it did not have an update concerning when the doctor might return to practicing medicine.

New Jersey doctor sentenced to 6 years for prescribing controlled substances without legitimate medical purpose and falsifying records.

Wed, 11 May 2022 00:00:00 +0000

A New Jersey doctor who dubbed himself as the “Candy Man” and the “El Chapo of Opioids” was sentenced Thursday to six years in federal prison for writing scripts for patients who didn’t need them, some of whom he never even saw. Robert Delagente, 48, of Oakland, New Jersey, previously pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to an indictment charging him with one count of conspiracy to distribute controlled dangerous substances, three counts of distribution of controlled dangerous substances, and one count of falsifying medical records. Judge Cecchi imposed the sentence on May 5, 2022. According to documents filed in this case and statements made in court: Beginning in May 2014, Delagente was a doctor at a medical practice called North Jersey Family Medicine (NJFM) in Oakland, New Jersey. Delagente knowingly prescribed controlled substances, such as oxycodone, Percocet, Tylenol with codeine, and various benzodiazepines (alprazolam, diazepam, clonazepam, and temazepam), outside the ordinary course of professional practice and without a legitimate medical purpose. He ignored the inherent danger and medical risk of overdose, drug abuse, and death that can accompany prescriptions of highly addictive opioids, benzodiazepines, and muscle relaxers, both on their own and in combination with one another. Delagente also was charged with altering medical records of patients who received controlled substance prescriptions from him after law enforcement officials had subpoenaed the records in late April 2019. “This defendant knowingly prescribed for his patients some of the most dangerous and addictive drugs available, sometimes with no more contact than a text message from the patient,” U.S. Attorney Carpenito said in a statement after Delagente’s guilty plea. “Many of these patients were dealing with pain and addiction, and instead of getting help from their doctor, they were drawn deeper into the cycle of drug abuse.” Delagente also pleaded guilty in 2019 to state charges of health care claims fraud for $32,000 in services he never rendered, leading to the temporary suspension of his medical license, according to the New Jersey Attorney General’s Office. In addition to the prison term, Judge Cecchi sentenced Delagente to three years of supervised release. U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Michael Messenger in Newark, with the investigation leading to today’s sentencing. The government is represented by Assistant U.S. Attorneys Jason S. Gould of the Health Care Fraud Unit and Sean M. Sherman of the Opioids Unit in Newark.

Washington doctor sentenced to 4 years in prison for conspiracy to distribute opioids using hundreds of pre-signed blank prescriptions.

Wed, 11 May 2022 00:00:00 +0000

Janet Sue Arnold, age 63, of Benton City, Washington, pleaded guilty on September 3, 2022 to conspiracy to distribute and possess with intent to distribute opioid pain medications (specifically, fentanyl, oxycodone, methadone, hydromorphone, methylphenidate, and amphetamine mixture) and other controlled substances (carisoprodol and alprazolam), without a legitimate medical purpose and outside the usual course of professional practice. On April 27, 2022, Dr. Arnold was sentenced to four year in prison. Dr. Arnold is the final defendant to plead guilty in the case. Four other defendants, Danielle Corine Mata, age 44, of Richland, Washington, David Barnes Nay, age 43, of Kennewick, Washington, Lisa Marie Cooper, age 55, of Prosser, Washington, and Jennifer Cheri Prichard, age 46, of Prosser, Washington, previously pleaded guilty to conspiracy to distribute and possess with intent to distribute opioid pain medications and other controlled substances, and are scheduled to be sentenced on October 19, 2021, November 2, 2021, and November 9, 2021, in Richland, Washington. According to court documents and information disclosed during court proceedings, Dr. Arnold owned and operated Desert Wind Family Practice, at 431 Wellsian Way in Richland, Washington. Beginning in approximately March 2016, and continuing until May 3, 2017, Dr. Arnold pre-signed hundreds of blank prescription forms and provided them to Mata, Prichard, and Cooper, who were drug addicts. These individuals then provided the illegal prescriptions to individuals seeking opioids and other controlled substances or used the prescriptions to get their drugs of choice. Dr. Arnold allowed Mata, who also acted as Desert Wind Family Practice’s office manager, to fill in all the required prescription information (patient name, drug type, dosage, and quantity) on the pre-signed blank prescriptions. Dr. Arnold’s practice of pre-signing blank prescription forms enabled the conspirators, including Nay, a drug dealer and addict, to distribute significant quantities of opioid medications and other controlled substances. Acting United States Attorney Joseph H. Harrington said, “Dr. Arnold abandoned her role as a medical doctor by essentially turning over her prescription pad to her office manager and others. Today’s guilty plea should serve as a warning to all medical professionals that if you abuse your medical license by prescribing opioids and other drugs without a legitimate medical purpose and outside the usual course of professional practice, you will be held accountable. I commend the U.S. Drug Enforcement Administration and the U.S. Department of Health & Human Services, Office of the Inspector General, agents who investigated this case.” This investigation was conducted by the U.S. Drug Enforcement Administration and the U.S. Department of Health & Human Services, Office of the Inspector General. This case is being prosecuted by George J.C. Jacobs, III and Dominique J. Park, Assistant United States Attorneys for the Eastern District of Washington.

Doctor sponsored people to travel to a clinic four hours away to get oxycodone and oxymorphone that would be sold illegally or for clinic profit.

Thu, 10 Feb 2022 00:00:00 +0000

A Tennessee doctor has admitted illegally prescribing pain pills that fed the drug problem in southeastern Kentucky. James J. Maccarone, of Clarksville, Tenn., pleaded guilty January 24, 2022 in federal court in London, Kentucky to conspiring to illegally distribute drugs. Maccrarone operated Gateway Medical Associates P.C., a pain-management clinic in Clarksville. A Kentucky resident charged in the conspiracy, Terry L. Prince of Barbourville, admitted that he sponsored people to go from the Knox County area to the Clarksville clinic, about four hours away, to get prescriptions for pain drugs called oxycodone and oxymorphone. Prince gave people money to cover the cost of the trip, the examination fee at the clinic and the prescriptions. In return, he got some or all of the pills to sell illegally, or the people who went to the clinic sold the drugs and shared the profits, according to Prince’s plea agreement. That kind of sponsorship arrangement has been common in Kentucky’s illicit drug trade, with traffickers who foot the bills getting pills to sell. Many of the people sponsored by the traffickers are addicted to drugs. The case against Maccarone is related to a separate case against Calvin Manis, a former Barbourville pharmacist charged with filling prescriptions in cooperation with a drug trafficker who was sponsoring other people to get the drug orders, according to court records. Prince sent people to Maccarone’s clinic because it operated as a supply of drugs to sell illegally, “not because (the clinic) provided legitimate medical care to the sponsored individuals,” according to his plea agreement. Maccarone acknowledged in his plea deal that the people he gave prescriptions “exhibited obvious signs of drug diversion and abuse.” Those red flags included people traveling long distances from the eastern end of Kentucky, sometimes in groups, and waiting long hours to see a doctor, even into the evening or early morning hours. The people coming to the clinic often tested positive for illegal drugs, or tested negative for the pills they were being prescribed at the clinic, an indication they were selling them instead of using them as prescribed, according to Maccarone’s plea document. The people also failed to appear for pill counts — which are a way for a doctor to make sure a patient is taking medication as prescribed — and paid more than $400 for each clinic visit. Maccarone also acknowledged that he “repeatedly failed” to adhere to accepted professional standards for treating pain. Among other things, he didn’t try other treatments before prescribing opioid painkillers, failed to draw up a valid treatment plan for patients and often did only cursory office visits with no real physical examination, according to his plea agreement. Prince and Maccarone face up to 20 years in prison on the conspiracy charge, and Prince agreed to forfeit $250,000 to the government. Maccarone agreed to surrender his Tennessee medical license; forfeit the clinic property to the government; give up $204,186 from bank accounts; and pay the government $1.3 million to cover what he made from the conspiracy. The time period covered in the indictment was July 2016 to March 2021. Maccarone’s plea deal said he took part in improperly distributing more than 46,000 pills. Prince and Maccarone will be sentenced later. There are two others charged in the case: John L. Stanton, who worked as medical director at the Clarksville clinic and allegedly took part in the scheme to illegally write prescriptions, and Jeffrey L. Ghent, who allegedly sold drugs in Clay County. Stanton has pleaded not guilty. Ghent has filed a motion to plead guilty.

Podiatrist prescribed opiates outside the course of medical practice in exchange for cash payments, sexual favors, and/or other illicit drugs.

Thu, 10 Feb 2022 00:00:00 +0000

A Lansing podiatrist entered a guilty plea on January 24, 2022 to a two count Information charging unlawfully distribution of controlled substances for his involvement in a sex-for-drugs diversion scheme, announced United States Attorney Dawn N. Ison. Ison was joined in the announcement by Acting Special Agent in Charge Kent Kleinschmidt , U.S. Drug Enforcement Administration, Detroit Field Division, Acting Special Agent in Charge James C. Harris, Homeland Security Investigations, Detroit Division, and Mario M. Pinto, Special Agent in Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General. Dr. Maninder Deswal, 44, of Lansing, was charged with unlawfully prescribing Oxycodone-Acetaminophen (Percocet) and Hydrocodone-Acetaminophen (Norco), highly addictive opioids, to various women outside the course of professional medical practice. From December 2018 to September 2020, Dr. Deswal would issue controlled substance prescriptions to women in exchange for cash payments, sexual favors, and/or other illicit drugs. These women were not patients and issuing them prescriptions was not for legitimate medical purposes, but rather personal consumption and further drug diversion. A sentencing date has been set for May 24, 2022 at 3:30 pm before United States District Judge Judith Levy. This case is being prosecuted by Assistant United States Attorney Brandy R. McMillion. McMillion serves as the District’s Opioid Fraud Abuse and Detection Prosecutor as well as the Deputy-Chief of the Health Care Fraud Unit. The Opioid Fraud Abuse and Detection Unit is a Department of Justice initiative designating twelve special prosecutors across the country to focus on prosecuting medical professionals that are contributing to the nation’s opioid crisis. The case was investigated by special agents and diversion investigators with the Homeland Security Investigations, the Drug Enforcement Administration and Health and Human Services Office of Inspector General along with assistance from the Ypsilanti Police Department and Washtenaw County Sheriff’s Office.

Former Long Island doctor sentenced to 23 years in prison for causing the overdose deaths of two patients and illegally distributing oxycodone.

Thu, 10 Feb 2022 00:00:00 +0000

On December 16, 2021, in federal court in Central Islip, Michael Belfiore, a former medical doctor, was sentenced by United States Circuit Judge Joseph F. Bianco to 23 years in prison for the illegal distribution of oxycodone causing the deaths of two patients and the illegal distribution of oxycodone to those patients and to an undercover detective. In addition, Belfiore was ordered to forfeit $7,270 in illegal fees that he took from the two deceased patients and the undercover detective and to pay $17,000 in restitution based upon costs associated with the overdose deaths that he caused. Belfiore was convicted of the charges by a federal jury in May 2018 following a five-week trial. Belfiore’s medical license has lapsed and he is no longer practicing medicine. Breon Peace, United States Attorney for the Eastern District of New York, Keith Kruskall, Acting Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence. “In violation of his oath to do no harm, Belfiore intentionally distributed highly addictive and potentially lethal opioids in dosages and quantities that resulted in the overdose deaths of two of his patients,” stated United States Attorney Peace. “Today’s sentence sends a strong message that this Office and its law enforcement partners will fight the opioid epidemic and seek serious punishment for medical professionals like Belfiore who betray their profession and use their prescription pads to further addiction, rather than as a tool to heal. I want to extend my sincere thanks to DEA’s Long Island Tactical Diversion Squad, who tenaciously investigated this case.” “During the midst of an opioid epidemic, the defendant chose to use his education and medical training to do harm, and at the expense of two of his patients’ lives,” stated DEA Acting Special Agent-in-Charge Kruskall. “DEA and its law enforcement partners will continue to seek justice for the victims who have been betrayed and have suffered greatly at that hands of those who were trusted with their health and wellbeing.” Belfiore, a former doctor of osteopathic medicine who primarily operated out of an office in Merrick, New York, illegally distributed oxycodone outside the usual course of professional practice and not for a legitimate medical purpose. Oxycodone is a powerful and highly addictive drug that is increasingly abused because of its potency when crushed into a powder and ingested. It is a controlled substance that may be dispensed by medical professionals only to patients suffering from significant pain that is documented through medical exams, diagnostic testing—such as x-rays and MRIs—and other objective proof. Although oxycodone is commonly prescribed in five milligram tablets, the trial evidence showed that Belfiore wrote thousands of 30 milligram prescriptions for oxycodone in quantities of up to 180 pills per month. At trial, the evidence established that on February 28, 2013, Belfiore gave an illegal prescription for 120 30 mg oxycodone pills to 42-year-old Edward Martin. On March 5, Mr. Martin overdosed and died in his bed after snorting the oxycodone obtained from Belfiore’s prescription. On April 12, 2013, Belfiore gave an illegal prescription for 150 30 mg oxycodone pills to 32-year-old John Ubaghs. On April 13, 2013, Mr. Ubaghs was found unresponsive after overdosing on oxycodone prescribed by Belfiore, and was pronounced dead at the hospital. Between March 2013 and August 2013, Belfiore intentionally dispensed six prescriptions of oxycodone without a legitimate medical purpose to an undercover detective with the NCPD’s Narcotics Vice Squad. Belfiore created fake medical charts to justify those prescriptions and during office meetings with the undercover detective, Belfiore’s “treatment” consisted of a discussion of the defendant’s trip to San Diego and his interest in helicopters, yachts and cigarette boats. The case was investigated by the DEA’s Long Island Tactical Diversion Squad comprising agents and officers of the DEA, NCPD, Suffolk County Police Department, Port Washington Police Department and the U.S. Department of Health and Human Services, Office of Inspector General. The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Charles N. Rose and Bradley T. King are in charge of the prosecution.

Prosecutors say he ignored signs that patients were addicts or even diverting the drugs and kept writing the scripts.

Thu, 02 Dec 2021 00:00:00 +0000

A physician from Dublin was found guilty on November 18, 2021 of 14 counts of illegally prescribing opioids and other commonly abused medications to patients in what federal authorities allege became a pill mill "fueled by greed" that turned him "from doctor to drug dealer." Dr. Edmund Kemprud, who was charged nearly two years ago, was accused of running his negligent operation in multiple locations in the East Bay and Central Valley, including one in Dublin California and another in the back room of a nail salon and medi-spa in Tracy. Evidence at his trial showed he ignored signs that patients were addicts or even diverting the drugs and kept writing the scripts nonetheless, prosecutors said. "This defendant displayed a blatant disregard for patient safety and the law," Acting U.S. Attorney Phillip A. Talbert said in a statement after the verdict last Friday . "Although he knew his treatment of patients was unlawful, he continued to pump dangerous drugs into the community." "It took the effort of agents, investigators, undercover officers, medical professionals who practiced with the defendant and pharmacists to bring an end to Kemprud's illicit prescription writing," Talbert added. "The U.S. Attorney's Office will continue our vigorous pursuit of those who fuel the opioid epidemic for their own personal benefit." Kemprud, 78, had pleaded not guilty to all of the federal charges. Defense attorney Douglas J. Beevers had not responded to a request for comment sent to the Federal Defender's Office for the Eastern District of California. Kemprud faces a maximum statutory penalty of 20 years in prison. He is scheduled to be sentenced by U.S. District Judge William B. Shubb on Feb. 14., 2022. California Attorney General Rob Bonta, whose department assisted in the investigation, said the Dublin case demonstrated just one example in the long battle against wrongdoing in the opioid epidemic. "We trust our doctors by putting our health in their hands. When doctors violate their oath to do no harm, we must take action -- especially when it comes to illegally prescribing opioids. I'm grateful for our investigative partners ... for successfully putting a stop to this doctor's harmful practices," Bonta said. According to prosecutors, Kemprud had developed a reputation for prescribing highly addictive, commonly abused medications such as Hydrocodone, Alprazolam and Oxycodone "outside the usual course of professional practice and not for legitimate medical purpose." "Instead, he wrote more prescriptions for highly addictive and dangerous controlled substances, charging $79 a visit. He churned out prescriptions so quickly that he often spent less than five minutes with a patient and would see 30 patients in less than a day," prosecutors said. Several pharmacies were apparently so alarmed by the doctor's record that they instituted company-wide policies to block his prescriptions, according to prosecutors. An undercover operation helped unravel the scheme, prosecutors said, noting that officers' testimony at the trial showed Kemprud on 14 occasions between September 2018 and March 2019 "prescribed opioids without determining the patients' medical and prescription histories, without conducting a proper medical examination, without confirming the legitimacy of the patients' complaints, and without assessing the risk of aberrant drug behavior." Kemprud was convicted of all 14 counts in the indictment last Friday in U.S. District Court for the Eastern District of California. "Fueled by greed, Edmund Kemprud went from doctor to drug dealer when he began running a prescription pill mill for powerful opioids," said Wade R. Shannon, special agent in charge for the U.S. Drug Enforcement Administration. "Kemprud's actions not only preyed upon those battling addiction, but also contributed to the ongoing opioid crisis. This verdict underscores our commitment to hold unscrupulous doctors accountable for their actions," Shannon added. Agencies involved in the investigation included the DEA's Oakland Tactical Diversion Squad, California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse Drug Diversion Team and the Office of Inspector General for the United States Department of Health and Human Services. Assistant U.S. attorney Veronica M.A. Alegría and special assistant U.S. attorney Robert J. Artuz prosecuted the case.

The two Chicago suburban physicians were indicted on federal criminal charges for dispensing hydrocodone, oxycodone, fentanyl, and other controlled substances to various individuals without meaningful physical examinations or medical tests

Thu, 11 Nov 2021 00:00:00 +0000

Two suburban Chicago physicians have been indicted on federal criminal charges for allegedly prescribing opioids to individuals who lacked a legitimate medical need for the drugs. STANLEY DAVID DEMOREST managed Demorest Consultants LLC, a medical practice in Melrose Park, Ill. NICHOLAS RECCHIA was employed there as a physician. From 2015 to 2020, Demorest and Recchia agreed to dispense hydrocodone, oxycodone, fentanyl, and other controlled substances to various individuals who visited Demorest Consultants but received no meaningful physical examination or medical tests, and whom Demorest and Recchia knew had no legitimate medical need for the drugs, according to an indictment returned Monday in U.S. District Court in Chicago. Demorest, who in 2015 voluntarily surrendered his DEA Registration Number and lost his ability to lawfully prescribe controlled substances, used Recchia’s name and DEA Registration Number to issue prescriptions for controlled substances to patients, the charges allege. Demorest and Recchia also caused pharmacies to submit numerous claims to Medicare and Medicaid seeking payment for the improper prescriptions, the indictment states. The indictment charges Demorest, 65, of Bloomingdale, Ill., and Recchia, 62, of River Grove, Ill., with conspiracy to dispense controlled substances outside the usual course of professional practice and without a legitimate medical purpose. The pair also face individual counts of health care fraud and unlawful dispensing of controlled substances. Arraignments in federal court in Chicago have not yet been scheduled. The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Robert J. Bell, Special Agent-in-Charge of the Chicago Division of the DEA; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; Lamont Pugh III, Special Agent-in-Charge of the Chicago Division of the U.S. Department of Health and Human Services, Office of Inspector General; and Irene Lindow, Special Agent-in-Charge of the Chicago Division of the U.S. Department of Labor, Office of Inspector General. The government is represented by Assistant U.S. Attorneys Kaitlin G. Klamann and Valerie R. Raedy. The charges were brought by the U.S. Attorney’s Office’s Opioid Task Force, which was formed in November 2019 for the purpose of combatting the growing number of unlawful distributions of controlled substances fueling the nation’s opioid crisis. The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Delaware doctor convicted of illegally distributing powerful prescription painkillers such as fentanyl, oxycodone, methadone and morphine for profit

Thu, 11 Nov 2021 00:00:00 +0000

A federal jury convicted a former Delaware doctor on 7/21/21 for unlawfully distributing and dispensing controlled substances and for maintaining a drug-involved premises. According to court documents and evidence presented at trial, Patrick Titus, former M.D., 58, of Milford, unlawfully distributed or dispensed a variety of powerful opioids, including fentanyl, morphine, methadone, OxyContin and oxycodone, outside the usual scope of professional practice and not for a legitimate medical purpose. Titus operated an internal medicine practice whereby he would frequently prescribe hundreds of these dangerous controlled substances in high dosages, sometimes in combination with each other or in other dangerous combinations, mostly in exchange for cash. Although these Schedule II drugs are approved for pain management treatment, Titus provided no meaningful medical care and, instead, prescribed these controlled substances to patients he knew were suffering from substance use disorder and/or who demonstrated clear signs that the prescribed drugs were being abused, diverted or sold on the street. “Doctors who illegitimately prescribe opioid medications are fueling the country’s opioid crisis,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “Not only does unlawfully prescribing opioids facilitate their diversion and misuse by patients, but it also allows doctors who commit these unlawful acts to exploit their roles as stewards of their patient’s care for their own personal profit. This verdict serves as a reminder that such abuse will be not be tolerated and that we will be resolute in our pursuit of justice.” “Dr. Titus was convicted of illegally distributing powerful prescription painkillers such as fentanyl, oxycodone, methadone and morphine for profit,” said Assistant Special Agent in Charge Shawn R. Ellerman of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division and head of the DEA’s operations across the state of Delaware. “His conviction is an appropriate resolution for his utter and total disregard for his ethical and legal obligations as a medical doctor, especially due to the fact that he distributed these drugs knowingly to people suffering from substance use disorder.” “This verdict holds Dr. Titus accountable for his actions and should serve as a warning to others that the illegal prescribing of dangerous narcotics will not be tolerated,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our partners at the DEA, FDA and the U.S. Department of Justice to investigate allegations of drug diversion and keep our communities safe from illegal prescription drugs.” Titus was convicted of 13 counts of unlawful distribution and dispensing of controlled substances and one count of maintaining a drug-involved premises. He is scheduled to be sentenced on Nov. 9, and faces a statutory maximum of 20 years in prison per count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Saint Francis employed a Missouri physician who wrote prescriptions for controlled substances without legitimate medical purposes and outside the usual course of professional practice

Thu, 28 Oct 2021 00:00:00 +0000

The United States has reached a civil settlement with Saint Francis Medical Center (Saint Francis) resolving the Government’s claims under the Controlled Substances Act. According to the United States’ allegations, Saint Francis employed a Farmington, Missouri physician, Brett Dickinson (Dickinson), who wrote prescriptions for controlled substances without legitimate medical purposes and outside the usual course of professional practice. As part of the settlement, Saint Francis agreed to pay $1,624,957.67. The United States alleged that Saint Francis, through Dickinson’s actions in the scope of his employment, issued invalid prescriptions for opioids such as morphine, hydromorphone, and oxycodone. According to the United States’ allegations, Dickinson prescribed these opioids to patients simultaneously with muscle relaxers and benzodiazepines. The United States claimed that such drugs are known to enhance the addictive, euphoric effects of opioids and, as a result, are commonly sought-after in combination with opioids by individuals with substance abuse disorders and individuals who seek to use opioids recreationally. The United States alleged that Dickinson issued these prescriptions while ignoring warning signs of drug diversion or misuse, including aberrant urine drug test results and patients’ previous hospital treatment for medical problems related to drug misuse. Although not part of the settlement agreement, in August 2021, Saint Francis voluntarily incorporated the Foundation for Opioid Prescribing Education in the State of Missouri. According to Saint Francis, the Foundation, which it funded with an initial contribution of $1 million, will be used to fund education programs for physicians and other healthcare professionals in Southeast Missouri on best practices in prescribing opioids and managing patients with chronic pain issues. Saint Francis fully cooperated with the United States’ investigation of the case. Additionally, as part of the settlement, Saint Francis agreed to cooperate with the United States’ investigation of individuals not released in the settlement agreement, including by furnishing documents related to “the prescribing of controlled substances by Dickinson.” “When Dr. Dickinson recklessly prescribed controlled substances without regard for his patients’ well-being, he violated the trust our communities extend to healthcare professionals. We appreciate the steps taken by Saint Francis Medical Center to prevent such illegal behavior by its staff in the future,” said Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services Curt L. Muller. “In coordination with our law enforcement partners, our agents will continue to investigate such fraud schemes and protect the public from unscrupulous prescribers.” The Office of Inspector General of the Department of Health and Human Services, Drug Enforcement Administration, and the Missouri Attorney General’s Medicaid Fraud Control Unit investigated the case. Assistant United States Attorney Amy Sestric handled the case.

A Tennessee doctor has been reprimanded for removing five doses of the coronavirus vaccine without authorization and giving them to family and a friend, officials said.

Thu, 28 Oct 2021 00:00:00 +0000

In a public meeting on May 11, the Tennessee Board of Medical Examiners found Medical Doctor Claude F. Varner, Jr., guilty of Diversion of COVID-19 vaccinations while volunteering to administer vaccines. Between January 16, 2021, and February 10, 2021, Varner volunteered repeatedly to administer vaccines as part of the Shelby County Health Department's COVID-19 vaccine administration plan at the Pipken building vaccine POD in Memphis, Tennessee. One one occasion, he unlawfully removed three doses of the COVID-19 vaccine from the Pipken building vaccine POD, and on a separate occasion he removed two additional doses from the POD site. He administered two of the doses to his wife, to of the doses to a friend, and one dose to his daughter-in-law. For taking a total of five dosages and giving them to friends and relatives, Claude F. Varner, Jr. was fined $500. He must also pay up to $1,000 in inquiry costs. The Board also found him guilty of unprofessional, dishonorable or unethical conduct; Dispensing, prescribing or otherwise distributing any controlled substance, controlled substance analogue or other drug to any person in violation of any law of the state or United States.

Michigan doctor and two co-conspirators plead guilty to fraud, kickback violations involving UAW Health Care fund.

Fri, 22 Oct 2021 00:00:00 +0000

Dr. April Tyler, a Fenton, Michigan area doctor, pleaded guilty to violating the anti-kickback statute on November 6, 2019. Dr. Tyler’s conspirators, Patrick Wittbrodt, 44, of Grand Blanc, Michigan and Jeffrey Fillmore, 31, of Clio, Michigan pleaded guilty to healthcare fraud on March 6, 2019 and November 19, 2019 respectively. On October 19. 2021, a sentencing agreement for Dr. Tyler calling for an 18 to 24-month prison sentence was accepted. She must also undergo three years of supervised release upon her release. Tyler was an osteopathic physician who owned and operated Fenton Creative Healthcare on North Long Lake Road. Authorities say that she and two co-defendants, Patrick Wittbrodt and Jeffrey Fillmore, executed a scheme to defraud Medicare and other health insurers by submitting or causing others to submit false claims for prescription pain creams, scar creams, pain patches and vitamins authorized by Tyler, who previously admitted to overbilling Blue Cross/Blue Shield by $500,000. In the sentencing memo, prosecutors said that her record “reflects that she has engaged in healthcare fraud, conduct related to health care fraud, and prescription drug diversion over a long period of career.” Tyler also agreed to not renew her medical license. Fillmore and Wittbrodt were scheduled to be sentenced in November 2021 for their roles in the scheme, after both previously entered a guilty plea to a single count of conspiracy to commit health care fraud. The defendants’ complex fraud and kickback scheme involved UAW members and medically unnecessary compounded pain creams, scar creams, pain patches and/or vitamins. According to court documents, the defendants caused an approximate $8,000,000 loss to Medicare and Blue Cross Blue Shield of Michigan (“BCBS”). Some of this money was stolen from UAW members’ prescription insurance accounts. Court documents laid out the defendants’ scheme: Due to the high reimbursement rate paid by Medicare and BCBS for prescription pain cream, scar cream, pain patches and/or vitamins defendants targeted these insurance plans. Defendant Fillmore had acquaintances and personal contacts at the UAW through his job and various family members. Defendants Fillmore, Wittbrodt and Tyler would then schedule time at various UAW meetings where defendants would tout pain cream, scar cream, pain patches and vitamins to the UAW members. An aspect of defendants’ presentation was that the UAW members could receive their prescriptions free -- without paying a prescription drug copay at the pharmacy. UAW members did not realize that acceptance of the “free” medications would cost their health care fund millions of dollars. Defendants would then collect the UAW members’ insurance information along with their family members’ insurance information. Defendant Dr. Tyler would then authorize the pain cream, scar cream, pain patch and/or vitamin prescriptions for the UAW members and/or their family members. Defendant Dr. Tyler did not establish a valid doctor-patient relationship with any of the UAW members, did not perform a physical exam and did not determine medical necessity for the prescriptions she wrote for the UAW members. The prescriptions were not, therefore, legally eligible for reimbursement from the various insurance companies. Defendant Dr. Tyler also pre-signed prescription forms and allowed defendants Wittbrodt and Fillmore to choose which compounded creams, patches and vitamins to write on the prescriptions. Defendant Wittbrodt directed the prescriptions to various pharmacies. The pharmacies would fill the prescriptions, bill the UAW members’ insurance and pay a monetary kickback to Wittbrodt. Defendant Wittbrodt would then provide remuneration to defendants Dr. Tyler and Fillmore from the kickback he received. The prescriptions were periodically re-filled and/or re-billed, regardless of whether the UAW member requested a refill or not. The prescription co-pay was waived at the pharmacy for the UAW members. Also according to court records, each defendant has agreed to the following federal sentencing guidelines: Patrick Wittbrodt: 70-87 months in prison Dr. April Tyler: 18-24 months in prison Jeffrey Fillmore: 37-46 months in prison ““These unlawful prescriptions cost the UAW health care fund millions of dollars, and the end result was a rip-off of the hard working men and women of the union,” said United States Attorney Matthew Schneider. “We will continue to aggressively prosecute health care fraud, and step in to protect UAW workers across Michigan.” “We rely on medical professionals to uphold the integrity of the prescription drug programs by only prescribing medications that are medically indicated and necessary. Circumventing this process solely for personal, financial gain compromises the integrity of these systems and takes away valuable healthcare dollars from patients who truly need the medications. HHS-OIG will continue to work with our law enforcement partners to protect and deter fraud within federal health care programs,” said Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General. “Medical professionals and others should know that we will investigate and bring to justice those involved in illegal distribution of unneeded drugs,” said Special Agent in Charge William P. Conway, FDA Office of Criminal Investigations Chicago Field Office. “This case demonstrates that collaboration between law enforcement and private insurance investigators is essential in prosecuting those responsible for federal healthcare fraud and kickback violations,” said by Dan Crowell, Blue Cross Blue Shield of Michigan, Director of Corporate and Financial Investigations. This case was investigated by the United States Department of Health and Human Services – Office of Inspector General, the United States Food and Drug Administration and Blue Cross Blue Shield of Michigan, under the supervision of the U.S. Attorney’s Office for the Eastern District of Michigan. Assistant U.S. Attorney Michael Heesters and Wayne Pratt are prosecuting the case.

St. Louis doctor who previously pleaded guilty to writing prescriptions to women with whom he had personal relationship has been fined $312,377 and sentenced to 40 months imprisonment for illegally distributing opioids and Medicare fraud

Tue, 12 Oct 2021 00:00:00 +0000

Dr. Philip Dean of Warren County, Missouri, pled guilty on August 22, 2018, to two felony charges, illegally distributing opiate medications and making a false statement to the Medicare program. According to his plea agreement, Dr. Dean operated a medical office in Warren County, Missouri. Dr. Dean had personal relationships with three women, living with these women for some time periods. While engaging in personal relationships with these women, Dr. Dean also prescribed them with prescription opioid pain relief medications, including Oxycodone, Hydrocodone, and several forms of Fentanyl. The two felony charges from Dr. Dean’s plea agreement involve two of these women, referred to by their initials in the plea agreement as R.W. and C.H. Regarding patient R.W., before his prescribing decisions at issue in this case, Dr. Dean was aware that she had lost her health care provider license after experiencing serious prescription drug abuse problems. Dr. Dean was also aware that she had been involved in motor vehicle accidents and traffic stops by police after driving while intoxicated because of prescription drugs. Nevertheless, during 2015-16, Dr. Dean prescribed her with assorted opioid medications, including a fentanyl medication that was only approved for medical use by cancer patients with break-through pain. R.W. does not have cancer. R.W. repeatedly consumed her thirty day supplies of these prescription drugs before thirty days had elapsed. Recognizing that prescribing R.W. with duplicative and overlapping prescriptions for 30-day supplies of opiates would raise suspicion, Dr. Dean repeatedly prescribed her with additional opiate prescriptions using the name of R.W.’s family member. Medicare funded these prescriptions, not knowing that R.W. was ending up with these medications. Dr. Dean personally picked up and paid a co-payment for one of these hydrocodone prescriptions that he wrote for R.W. using another patient’s name. Regarding C.H., defendant issued her a prescription for Codeine, an opiate pain medication and controlled substance, on March 31, 2017 after exchanging text messages of a personal nature with her. Dr. Dean did not examine C.H. before issuing the prescription on March 31, 2017. According to medical records seized during the execution of a search warrant at the medical office, C.H. had not visited Dr. Dean’s office since January 24, 2017. “This is an outrageous violation of the trust our society commits to physicians. Dr. Dean violated that trust and exploited his drug dependent patients. On top of it all, the taxpayers were forced to foot the bill for his crimes,” said U.S. Attorney Jeff Jensen. Steve Hanson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “Regarding our agency’s ongoing efforts in combating our nation’s opioid crisis, our office will continue to aggressively pursue those who misuse their positions and recklessly prescribe medication to our beneficiaries.” “Prescription opioids serve an important purpose when used legitimately for patients suffering from chronic pain and illness. In this particular case, we had a doctor with the power to write prescriptions misrepresenting the truth, supplying narcotics to people with serious addiction issues that he was aware of and bilking all of us who pay taxes while doing it. The Drug Enforcement Administration will continue to pursue these bad actors to bring them to justice. Addiction to opioids is a serious illness and we will not allow doctors to abuse their authority for personal gain,” said Special Agent in Charge William J. Callahan of the Drug Enforcement Administration. This case was investigated by the Office of Inspector General for the U.S. Department of Health and Human Services and the Drug Enforcement Administration, with assistance from the Federal Bureau of Investigation, the Warrenton Police Department, and the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office.

On Dec. 11, Dr. Dean was sentenced to 40 months or more than three years in federal prison and ordered to pay $312,377 in restitution to the Medicare and Medicaid programs.

Tennessee doctor was found guilty of diversion of controlled substances through overprescribing morphine to patients and then taking the medication for an opioid dependency that developed from treatment for chronic pain.

Tue, 12 Oct 2021 00:00:00 +0000

Dr. Camilla Bennett, MD diverted of controlled substances through overprescribing morphine to patients and then taking the medication for an opioid dependency that developed from treatment for chronic pain. Camilla Bennett would write patients prescriptions for extended relief morphine that the patients did not need, and the patients would fill the prescriptions and give the pills to Camilla. By the fall of 2020, she was taking 300 to 500 milligrams per day, most of which she diverted from patients as described above. She sought help for her dependency in late 2020 and was discharged from an inpatient treatment facility later with diagnoses of severe opioid use disorder and chronic pain. In a Consent Order she signed on March 17, 2021, Bennett agreed to surrender her license and any DEA registrations to prescribe or dispense controlled substances. She will also pay a fine, undergo evaluation coordinated through Tennessee Medical Foundation, and will be put on a 5-year probation.

Brooklyn Doctor Pleads Guilty to Illegal Distribution of Narcotics

Wed, 23 Jun 2021 00:00:00 +0000

On May 17, 2021, in federal court in Brooklyn, Kesler Dalmacy, a medical doctor, pleaded guilty to illegal distribution of controlled substances. Dalmacy, who operated his medical practice out of an office in East Flatbush, prescribed narcotics to patients outside the course of his professional practice that lacked a legitimate medical purpose in exchange for cash payments. The proceeding was held before United States District Judge Ann M. Donnelly. Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Dermot F. Shea, Commissioner, New York City Police Department (NYPD), and Kevin P. Bruen, Acting Superintendent, New York State Police (NYSP), announced the guilty plea. “The defendant, a medical doctor who swore an oath to do no harm, spread the scourge of addiction in our communities by writing bogus prescriptions for personal profit,” stated Acting United States Attorney Lesko. “This Office, in partnership with the DEA, HSI, NYPD and NYSP, will spare no effort in combatting the illegal distribution of addictive drugs, and in holding medical professionals like the defendant accountable to the fullest extent of the law.” Mr. Lesko also thanked the U.S. Department of Health and Human Services (HHS) and the New York State Department of Health’s Bureau of Narcotic Enforcement for their assistance during the investigation. “Another day, another doctor disguised as a drug dealer. The defendant not only prescribed highly addictive controlled substances without a legitimate medical need, but also went out of his way to attempt to evade law enforcement. Today’s plea demonstrates that the defendant is taking responsibility for betraying the trust of his patients, his community, and his oath,” stated DEA Special Agent-in-Charge Donovan. “I commend the New York Division, Organized Crime Drug Enforcement Strike Force, Tactical Diversion Squad, the U.S Attorney’s Office for the Eastern District of New York, and our many law enforcement partners for their dedication, hard-work, and attention to the investigation and prosecution of this defendant.” “The opioid epidemic our country continues to battle is exacerbated when unscrupulous individuals seek to profit from those struggling with addiction,” stated HSI Special Agent-in-Charge Fitzhugh. “The defendant exploited the weaknesses of fellow human beings in order to line his own pockets. HSI and our law enforcement partners remain steadfast in our pursuit to safeguard the public and hold individuals like Dr. Dalmacy accountable.” “The primary work of a medical practitioner is to help patients. The work of this doctor did nothing but harm his victims, with no regard for their health. By taking payment for prescriptions, Dr. Dalmacy put his patients and the community he served at risk. I thank our law enforcement partners involved in this investigation, and together we will work to keep drugs off our streets, prevent prescription drug abuse and senseless deaths,” stated NYSP Acting Superintendent Bruen. As set forth in the criminal complaint and court filings, between January 2014 and February 2020, Dr. Dalmacy illegally prescribed to patients thousands of pills of highly addictive controlled substances, including Adderall and Vicodin, in exchange for cash payments. Dr. Dalmacy wrote these prescriptions outside the course of his professional practice and without a legitimate medical purpose. To conceal the unauthorized prescriptions from law enforcement and oversight agencies, Dr. Dalmacy postdated prescriptions and provided multiple prescriptions to the same individual under different or fictitious names. The arrest of Dr. Dalmacy is the result of an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York and the DEA. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.

Louisville psychiatrist sentenced to 60 months in prison for distributing and dispensing controlled substances without legitimate medical need.

Mon, 01 Mar 2021 00:00:00 +0000

United States District Court Judge David J. Hale sentenced Louisville physician Peter Steiner to 60 months’ imprisonment to be followed by three years of supervised release for knowingly and intentionally distributing and dispensing Schedule II, Schedule III and Schedule IV controlled substances without any legitimate medical purpose and outside the course of professional medical practice, announced Acting United States Attorney Michael A. Bennett. There is no parole in the federal system. Steiner was also ordered to forfeit $225,000. Steiner admitted that he prescribed high dosages and large quantities of controlled substances, prescribed early refills for controlled substances, continued to prescribe controlled substances to patients even though he knew they were addicted, continued to prescribe controlled substances to patients even though he knew they tested negative for those substances, prescribed controlled substances in return for sexually graphic photos and videos, prescribed controlled substances that were contraindicated for patient medical concerns, prescribed controlled substances not typically associated with psychiatric complaints, and prescribed dangerous combinations of controlled substances. Steiner, a psychiatrist and addiction specialist, isn't charged in any of the deaths. However, he is charged with drug dealing, accused of recklessly keeping some vulnerable patients like Bozian on medicines that can be addictive and lethal. A pharmacist who reviewed several patients' files in 2014 found that "5 deaths were potentially related to negative outcomes of stimulants" that Steiner prescribed. That was two years before Bozian, who was prescribed Adderall, died of heart problems, according to a Courier Journal investigation. Louisville Metro Police were investigating an unrelated 2013 crime when they learned troubling details about Steiner's practice. Uncovering what went on inside the doctor's offices in Louisville and Lebanon, Kentucky, took investigators four years and included undercover agents, hidden recording devices, embedded criminal informants, police surveillance and extensive audits of medical and Medicaid records. When federal agents surprised Steiner at his St. Matthews office in June 2017, they caught him tossing marijuana hidden in a McDonald's bag into a trash can. The doctor also was clutching two thick envelopes filled with cash, checks and a list of patient names and amounts. In February, a Jefferson County grand jury indicted Steiner on a charge of misdemeanor drug possession and felony tampering with physical evidence. A federal grand jury indicted the doctor in June on 26 counts, including conspiracy to distribute and unlawful distribution and dispensing of controlled substances beginning in 2014. The latest indictments accuse Steiner of doling out potentially addictive opioids that weren't needed. Investigators said he even prescribed fentanyl, a man-made drug commonly used by pain specialists or oncologists to ease severe pain for terminal cancer patients. Illicit fentanyl, much more deadly than heroin, is now Louisville and Kentucky's No. 1 killer. The Kentucky Board of Medical Licensure issued an emergency order in March barring Steiner from practicing medicine while the criminal case is pending, noting it had probable cause to believe Steiner "constitutes a danger to the health, welfare and safety of his patients or the general public." At least nine pharmacists in Louisville, Southern Indiana and Central Kentucky raised concerns about Steiner to investigators. The Courier Journal found pharmacists at additional stores who had stopped filling controlled-substance prescriptions from Steiner long before the federal charges and before the board suspended his medical license. In a 44-page court document, an FBI agent detailed the death of Bozian and other patients, as well as those who felt at risk. The agent convinced a judge to issue a search warrant in June 2017 to inspect Steiner's offices, computers and patient files. Bozian and five more patients who died were over age 47 — some with serious health problems — and were prescribed stimulants. Those drugs are supposed to be used sparingly because they can elevate blood pressure, speed up the heart rate and contribute to strokes, heart attacks or lethal heart-related illnesses. Eight other patients who died between March 2015 and January 2017 suffered accidental drug overdoses or poisonings. Several patients or their loved ones disclosed their fears that Steiner's care could be lethal, according to the federal document filed in June 2017. One patient told investigators last spring that Steiner prescribed so much medication, he or she would be dead if not for illegally selling the surplus on the streets. A mother of one of Steiner's patients claimed her adult child overdosed three times on drugs prescribed by Steiner in February 2015, November 2016 and January 2017. Investigators discovered Steiner prescribed that patient 510 pills — filled in two months at three pharmacies in three cities, including 300 pills the month of the patient's third overdose. The mother agreed to hide a recorder as she met with Steiner inside his office at 6500 Glenridge Park Place to complain that her child suffered a third overdose and was taking too many of the prescribed medications. Yet a few weeks later, agents said Steiner essentially doubled the patient's daily dose of benzodiazepine or "benzos" with 120 alprazolam pills and 90 amphetamines, as three investigators secretly conducted surveillance. Indiana pharmacists at Westmoreland Pharmacy in New Albany and Jeffersonville made it a company policy to stop filling Steiner’s controlled-substance prescriptions because of their concerns about the dosage and duration of drugs prescribed by Steiner, as well as the doctor's unavailability. Also, nine other pharmacists in Louisville, Southern Indiana and Central Kentucky detailed concerns about Steiner to investigators last year, including Kroger on Buechel Bypass, Rite Aid stores on Preston Highway and Bardstown Road, CVS Pharmacy on Antle Drive and Walgreens Pharmacy on Baxter Avenue. "We're kinda the gatekeepers," said Burks, the pharmacist who refused to fill Bozian's Adderall prescription. Concerns about Steiner date back nearly a decade, the Courier Journal has learned. In 2009, a state medical board inquiry panel opened an investigation of Steiner due to concerns about controlled-substance prescribing and deficient medical record keeping, according to a sworn statement from an FBI agent. A physician consultant reviewed a random sample of Steiner's patient charts, resulting in a recommendation that the doctor receive additional training. Steiner agreed, completing training in Nashville, Tennessee, and Denver. The investigation was then terminated in December 2010 without any board action against him. A few years later, the doctor hit Louisville Metro Police's radar. Police sought help from pharmacist Carrie Gentry, who noticed several problems while reviewing a private state database listing Steiner's prescriptions. Gentry, a consultant with the state’s Office of Inspector General — which regulates health care facilities — noted several drug-related deaths of Steiner's patients in her 2014 report. That's two years before Bozian's death.

A physician is accused of prescribing controlled substances without a legitimate reason.

Thu, 11 Feb 2021 00:00:00 +0000

In the Western District of Tennessee, Dr. Michael Hellman, a physician and addiction specialist from the Gatlinburg area, is accused of prescribing the opioid-addiction medication buprenorphine with naloxone and promethazine with codeine at his office at 336 Poplar View Parkway in Collierville, without a legitimate reason. The indictment says he did so in February and March. He's charged with unlawfully distributing and dispensing controlled substances.

Hellman pleaded guilty in July to one count of distribution of a controlled substance and one count of conspiracy to distribute a controlled substance.

Respondent was prescribing controlled substances to his patients in excessive quantities.

Thu, 11 Feb 2021 00:00:00 +0000

i. Patient J.C.’s history and diagnosis included surgical treatment for fracture of the Herrington Rods in his back in September 2014. Respondent prescribed high doses of controlled substance to J.C., including monthly prescriptions for Diazepam 10mg #90, Oxycodone 80mg #180, Duragesic 100mg #15, Oxycodone 30mg #240, and Carisoprodol 350 #90. The expert opined that this combination of a tranquilizer, amphetamines, sleeping pills, and muscle relaxants increases the risk of respiratory depression and death. ii. The medical history beginning in December 2014 for patient R.B. included chronic fatigue, anxiety disorder, restless leg syndrome, and plantar fasciitis. Respondent provided R.B. with monthly prescriptions for Methylphenidate 20mg #120, Oxycodone 30mg #180, Clonazepam 2mg #120, and Lorcet 10/325 #180. The expert opined that it is recommended that patients on chronic opioid therapy should receive random drug screens on a regular basis and also sign an opioid contract. The expert’s review of R.B.’s medical records did not detect any discussion of drug screens, an opioid contract, or pill counts. iii. The expert also stated Respondent did not maintain comprehensive patient medical records. The expert’s review of Respondent’s medical records revealed patients were primarily seen by a nurse for monthly visits for controlled substance prescription refills. History of present illness for patients was recorded as “return for visit” only. There were no discussions of control of pain, possible side effects of controlled substances, or any attempt to reduce controlled substance prescriptions. The expert opined that this documentation failure fell below the standard of care

A Dallas doctor has pleaded guilty to a felony for prescription drug diversion crimes perpetrated on elderly victims.

Thu, 11 Feb 2021 00:00:00 +0000

Dr. Edward Agura, 63 pleaded guilty before U.S. Magistrate Judge Renee H. Toliver on Tuesday for possession of a controlled substance by misrepresentation or fraud. “Elder abuse by anyone, particularly by health professionals, is deeply disturbing,” said U.S. Attorney Erin Nealy Cox. “Those who exploit the elderly and perpetrate crimes on our seniors will be held accountable for their criminal actions. Importantly, the Department of Justice recently observed World Elder Abuse Awareness Day and we reconfirmed our commitment to rooting out fraud that preys on the elderly.” “Using one’s trusted status as a medical professional for unlawful acts cannot go unpunished,” stated Eduardo A. Chavez, Special Agent in Charge of the D.E.A. Dallas Field Division. “The Dallas D.E.A. will always seek justice against those who take advantage of unsuspecting individuals, especially the elderly, to fuel their drug addiction through fraudulent means.” Beginning in May 2016, Dr. Agura admitted to issuing prescriptions in the names of elderly victims without their knowledge or consent. The controlled substances were for his own personal use. According to court documents, Dr. Agura issued fraudulent prescriptions for Hydrocodone, Fentanyl, Oxycodone, Alprazolam, Triazolam, and Lorazepam were dispensed to himself at Dallas area pharmacies under the guise he was obtaining them for elderly patients. To further perpetuate the fraud, Dr. Agura admitted to creating phony medical records in the names of the elderly victims. While Dr. Agura did personally know each victim, the victims were not patients and had not sought medical treatment for the prescriptions that he issued in their name. Dr. Agura admitted obtaining the unlawful prescriptions to utilize for his personal consumption. Dr. Agur a faces up to four years in federal prison for the felony conviction. A sentencing date has been set for October 8th.

A Stamford doctor was arraigned in June, 2019 on charges related to the distribution of certain prescription drugs.

Thu, 11 Feb 2021 00:00:00 +0000

Dr. Ajay Ahuja, a primary care physician, was arrested by Stamford police at his office. It came after a lengthy investigation by the Drug Enforcement Administration. According to law enforcement, the doctor had his license to prescribe controlled substances revoked in February. He also had to pay a $200,000 fine.

Stephen R. Kovacs, D.O.

Thu, 11 Feb 2021 00:00:00 +0000

Kovacs allegedly wrote false Oxycodone (30mg) prescriptions for a patient with the intention of diverting the narcotics back to himself; urged a patient to include a false report of stolen Oxycodone on a police report with the intention of getting another refill; deleted messages pertaining to his illegal activity from a patient's electronic device; that a patient witnessed Respondent snort Oxycodone between meetings with patients; and that Respondent was opioid dependent. Id. at Exh. 4, at 2-3. In December, 2018, the Department of Justice and DEA revoked Kovacs registrations. "Pursuant to 28 CFR 0.100(b) and the authority thus vested in me by 21 U.S.C. 824(a), I order that DEA Certificate of Registration Nos. BK9173840 and BK7370492 issued to Stephen R. Kovacs, D.O., be, and they hereby are, revoked. I further order that any pending application of Stephen R. Kovacs, D.O., to renew or modify these registration, as well as any other pending application by him for registration in the State of Oklahoma, be, and it hereby is, denied."

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.

Thu, 11 Feb 2021 00:00:00 +0000

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.

Dr. Zongli Chang, M.D., was ordered in April, 2019 to serve a sentence of 135 months for conspiring with seven other patient recruiters (co-defendants in this case) to illegally distribute prescription drugs in Lavonia, MI.

Thu, 11 Feb 2021 00:00:00 +0000

Dr. Chang previously pleaded guilty, admitting that from approximately January 2012 to May of 2017, he and his coconspirators engaged in large-scale opioid diversion scheme. The scheme, according to Chang, relied upon “patient recruiters” bringing fake patients to his office. Chang would, in turn, write medically unnecessary and highly addictive controlled substance prescriptions in return for cash payments. Chang commonly wrote prescriptions for controlled substances, to include Hydrocodone-Acetaminophen, Oxycodone HCl, Alprazolam, Carisoprodol and Promethazine/codeine syrup. The amount paid for a visit and prescription varied, but according to Chang’s plea agreement, he was typically paid at least $150, up to as high as $400 for more desirable opioid controlled substances. Chang further acknowledged that following the issuance of prescriptions, the recruiters would transport the patients to pharmacies where the prescriptions were filled, and then take possession of the controlled substances for further illegal distribution. These controlled substances had a conservative street value in excess of $18,000.000. Since the charges in this case were unsealed in January, 2018, six of the seven patient recruiters have also pleaded guilty to engaging in this conspiracy. In addition to serving a 135-month sentence, United States District Court Judge Sean Cox ordered Chang to pay a $1 million criminal fine. Chang also agreed to the entry of a $3 million forfeiture judgment, satisfied in large part by assets seized near the time of his arrest. U.S. Attorney Schneider noted that “this sentence sends a strong message to every other physician that deliberately writes unnecessary opioid prescriptions, knowing full well that the drugs will ultimately be sold on the streets, that they will be treated no differently than any other major drug dealer. A medical license will not shield them from criminal consequences.”

Retired physician to pay $70,000 to resolve controlled substances prescribing, recordkeeping violations.

Thu, 11 Feb 2021 00:00:00 +0000

The Drug Enforcement Administration Special Agent in Charge Robert J. Bell of the Chicago Field Division, and the United States Attorney Scott C. Blader announced that Clifford T. Bowe, M.D., a retired Cadott, Wisconsin physician, entered into a settlement agreement to pay $70,000 to resolve civil allegations that he violated the Controlled Substances Act (CSA) relating to his prescribing of controlled substances, including opioids, outside the usual course of professional practice, among other CSA violations. Dr. Bowe owned and operated Cadott Medical Center (CMC) in Cadott. A majority of his patients went to CMC because they were suffering from opioid use disorder and other addictions. Dr. Bowe had received authorization to treat up to 100 opioid dependent patients for opioid use disorder with medication-assisted treatments, such as the FDA-approved Schedule III drug, buprenorphine (Suboxone). Buprenorphine, a partial opioid agonist, blocks the opiate receptors and reduces an individual’s urges to use opioids. According to the government’s allegations set forth in the settlement agreement, Dr. Bowe not only improperly prescribed buprenorphine along with other potent opioids, but he also counseled patients on how to fill these improper simultaneous prescriptions so as to avoid rejection by pharmacies or insurance payers. Moreover, the government alleged that Dr. Bowe prescribed Schedule II opioids to treat opioid use disorder, which is prohibited by CSA regulations. According to the settlement agreement, the government alleged that Dr. Bowe also violated the CSA by prescribing emergency Schedule II controlled substances to a family member that failed to meet the regulatory requirements for such prescribing; by providing inaccurate directions for use on controlled substance prescriptions to maneuver-around pharmacies refusing to fill compounded prescriptions or insurance companies denying payment for such prescriptions; and by failing to maintain records regarding the receipt and dispensing of controlled substances, or to maintain an inventory of controlled substances on-hand at CMC. Dr. Bowe denies these allegations. In enacting the CSA, Congress recognized the importance of preventing the diversion of drugs from legitimate to illegitimate uses. The CSA, in relevant part, deters the illegal distribution, possession, dispensing, and improper use of controlled substances, all of which have contributed significantly to the opioid epidemic over the past two decades. The CSA therefore regulates entities and practitioners that dispense controlled substances by establishing controls over all stages of the chain of distribution of controlled substances in the United States. “Physicians who prescribe controlled substances, including opioids, outside the usual course of professional practice, abuse their prescription-writing privileges and contribute to the opioid crisis,” said United States Attorney Blader. “Controlled substance prescribing violations, in addition to the critical recordkeeping of controlled substances to ensure the system remains closed, will result in enforcement action in the Western District of Wisconsin.” “DEA will continue to pursue civil actions against any registrant that violates the Controlled Substances Act by practicing outside of professional medical practice and issuing illegitimate controlled substance prescriptions. The overprescribing of opioids has played a large role in the national opioid addiction crisis that our country currently faces on a daily basis,” said DEA Milwaukee District Office Assistant Special Agent in Charge Paul E. Maxwell, Jr. According to public records, on February 15, 2012, the Wisconsin Medical Examining Board reprimanded Dr. Bowe for engaging in any practice or conduct that tended to constitute a danger to the health, welfare, or safety of patients or the public, and thus, unprofessional conduct, including the unjustified prescribing of Schedule II and other controlled substances. The Board ordered Dr. Bowe to attend a Comprehensive Pain Board symposium, which he later completed. In 2017, DEA obtained an Administrative Inspection Warrant to conduct an inspection relating to Dr. Bowe and CMC. According to the settlement, after DEA informed Dr. Bowe of numerous allegations that he failed to comply with relating to the federal controlled substance requirements, Dr. Bowe voluntarily surrendered his DEA Registration Number. Without a DEA registration number, he could no longer prescribe or dispense controlled substances. In 2016, the State of Wisconsin also opened cases into Dr. Bowe’s prescribing practices that led to the Wisconsin Medical Examining Board’s March 15, 2017 Order. According to the Board’s Order, to resolve the State’s claims, Bowe neither admitted nor denied engaging in unprofessional conduct, rather, he stated that due to his age and limitation on his ability to care for patients, he agreed to resolve the cases by voluntarily and permanently surrendering his Wisconsin license to practice medicine. The DEA Milwaukee District Office primarily conducted the investigation, along with the United States Attorney’s Office Affirmative Civil Enforcement team. Assistant United States Attorney Leslie Herje represented the government in this matter. The settlement agreement states CSA allegations only; Dr. Bowe denies the allegations, except that he admits that, in violation of federal law, he pre-signed incomplete patient prescriptions on other than the date of issuance and placed them in patient charts.

Doctor sentenced to 7 years for fraudulently billing health care programs for prescribing without a medical purpose.

Thu, 11 Feb 2021 00:00:00 +0000

A Houston-area physician and anesthesiologist at two registered pain clinics, Texas Pain Solutions and Integra Medical Clinic, was sentenced today to seven years in prison for his role in fraudulently billing health care programs for at least $5 million dollars in medical tests and procedures, and for the role his fraud played in multiple patient deaths. Rezik Saqer, 66, of Houston, Texas, was sentenced by Chief U.S. District Judge Lee H. Rosenthal of the Southern District of Texas. Chief Judge Rosenthal also ordered the defendant to pay $5 million in restitution. Saqer pleaded guilty on July 3, 2019, to one count of conspiracy to commit health care fraud. According to the evidence presented at sentencing, Saqer’s health care fraud scheme involved luring vulnerable patients to his clinics by prescribing powerful opioid narcotics, and then requiring the patients to submit to unnecessary and dangerous procedures and tests, which were often performed by Saqer’s unlicensed staff and fraudulently billed to health care providers. Saqer’s scheme contributed to multiple overdose deaths, as well as the death of a young family in an auto accident involving one of Saqer’s patients, according to the evidence. According to the court’s judgment, Saqer was responsible for fraudulently billing health care providers for at least $14,665,357.54.

Ex-Indian Health Services doctor sentenced to prison, fined for drug kickback scheme while at Blackfeet Indian Reservation

Thu, 11 Feb 2021 00:00:00 +0000

A former Indian Health Services doctor who worked on the Blackfeet Indian Reservation and admitted using his job to prescribe a diabetes drug from a pharmacy in exchange for kickbacks was sentenced to three months in prison, two years of supervised release and fined $10,000, Acting U.S. Attorney Leif Johnson said. Dr. Arnold Scott Devous, 68, of Billings, pleaded guilty on Sept. 10, 2020 to federal medical officer with conflict of interest. Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris allowed Devous to self-report to prison. “Dr. Devous used his position and ability to exploit patients in the Blackfeet community. These kinds of kickback schemes erode the public’s trust in its healthcare providers at a time when we need that trust more than ever. We will continue to prosecute these schemes to the full extent of the law,” Acting U.S. Attorney Johnson said. "By engaging in kickback schemes, Dr. Devous committed a serious ethics violation which may result in diminished public trust of federal employees,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “With our law enforcement partners, we are committed to rooting out corruption in our federal healthcare programs.” In court documents filed in the case, the prosecution said that Devous used his position at IHS as a medical officer and in charge of the diabetes program in Browning to prescribe Farxiga, a Type 2 diabetes medication. Farxiga was not on the IHS formulary and could not be obtained at the facility. From December 2015 until June 2016, Devous solicited multiple pharmacies in Montana to fill expensive prescriptions of Farxiga in exchange for Devous receiving a "cut" of the profits and kickbacks. Government personnel are prohibited from engaging in these types of relationships. Ultimately, a pharmacy agreed to Devous' terms and paid him $45,540 in approximately six months. Devous first hid the kickbacks by sending the money to his wife, and then he used a prospective business associate. Neither of these options was allowable under the law. When interviewed, Devous admitted that his wife received the money, which was illegal. Devous also admitted he never informed his superiors of the outside income as required by law.

A New York doctor is convicted on nine counts in connection with oxycodone and fentanyl diversion scheme.

Thu, 11 Feb 2021 00:00:00 +0000

DEA New York Division Special Agent in Charge Ray Donovan and United States Attorney for the Southern District of New York Geoffrey S. Berman announced the conviction of Ernesto Lopez, a New York-licensed medical doctor who wrote thousands of medically unnecessary prescriptions for oxycodone and fentanyl over an approximately three-year period, following an eight-day trial before the Honorable Denise L. Cote. Lopez was remanded into custody following his conviction. Lopez was sentenced to five years in prison.

A Tennessee Physician, Two Florida Clinic Owners, and a Kentucky Man Convicted for Roles in Tennessee-Based Pill Mill Operation

Thu, 11 Feb 2021 00:00:00 +0000

A Tennessee doctor, two clinic owners from the Miami, FL area, and a Woodbine, KY man were convicted today by a federal jury in London on oxycodone-trafficking charges. Three defendants were also convicted of multiple counts of money laundering. After three days of deliberations following a four-week trial, the jury convicted Timothy Gowder, 71, from Chattanooga, Tennessee, Anwar Mithavayani, 55, and Pete Tyndale, 47, clinic owners from Florida, of conspiracy to distribute oxycodone and oxymorphone. James Bradley Combs, 41, from Woodbine, Kentucky, was convicted of possession with intent to distribute oxycodone. According to testimony at trial, Gowder and the clinic owners worked together to run an illicit pain clinic near Chattanooga, Tennessee, called Tennessee Pain Institute (or “TPI”), which drug addicts and drug traffickers in Kentucky and elsewhere used as their supplier. The evidence further revealed that, after the Tennessee Department of Health investigated TPI’s doctors and federal law enforcement executed a search warrant at TPI, clinic owners Tyndale and Mithavayani opened a new pain clinic in North Carolina to cater to the same Kentucky population.

Pike County Physician Indicted For Unlawful Distribution Of Controlled Substances Resulting In Death

Thu, 11 Feb 2021 00:00:00 +0000

The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Pike County, Pennsylvania, physician, was indicted on August 28, 2019, by a federal grand jury for unlawfully distributing controlled substances without a legitimate medical purpose resulting in death. According to United States Attorney David J. Freed, the indictment alleges that in September 2014, the physician unlawfully provided prescriptions for fentanyl and methadone, both Schedule II controlled substances, and diazepam, a Schedule IV controlled substance, that caused the death of one of his patients.

A New York City doctor was sentenced to seven years in prison for illegally prescribing including powerful prescription narcotics that led to the overdose deaths of three patients, authorities said.

Thu, 11 Feb 2021 00:00:00 +0000

Dr. Lawrence Choy took a plea deal in Manhattan Supreme Court and pleaded guilty to 34 counts of manslaughter, reckless endangerment and the criminal sale of a controlled substance for running a pill mill out of his now-shuttered pain clinic. The court sentenced Dr. Lawrence Choy, former operator of a medical clinic in Flushing, Queens to seven years in prison and two years post release supervision on 34 counts stemming from illegal sales of prescriptions for controlled substances and the deaths of three patients. The long-term investigation was conducted by the Office of the Special Narcotics Prosecutor’s Prescription Drug Investigation Unit and Investigators Unit, the DEA’s New York Organized Crime Drug Enforcement Strike Force, Group Z-23, and HRA, with assistance from the Nassau County Police Department and the Suffolk County Police Department. A licensed physician since 1981, Choy specialized in internal medicine and nephrology (the treatment of diseased kidneys) and operated a full-time medical office at 142-20 Franklin Avenue in Flushing. He was arrested in Sheboygan, Wis., where he had fled after abandoning his New York City practice. In pleading guilty June 18, 2019, Choy admitted he illegally sold prescriptions for opioids and other controlled substances in lethal dosages and combinations, and failed to perform adequate examinations or follow up on signs of substance abuse. This reckless criminal conduct resulted in the deaths of three patients.

Former county and state medical examiner and forensic pathologist pleads guilty to conspiring to illegally distribute opioid painkillers.

Thu, 11 Feb 2021 00:00:00 +0000

Dr. Joseph L. Burton, a former county and state medical examiner and forensic pathologist, has been sentenced to federal prison after pleading guilty to conspiring to illegally distribute opioid painkillers. Dr. Burton was indicted along with seven other individuals in February 2018. Four of Dr. Burton’s co-defendants have already been sentenced, and two more are awaiting sentencing after pleading guilty to similar charges. UPDATE: Burton died in federal prison in November, 2019.

Virginia doctor convicted of 861 counts of illegally prescribing opioids, resulting in the death of a woman in West Virginia.

Tue, 09 Feb 2021 00:00:00 +0000

A Virginia doctor received a 40-year prison sentence on Wednesday for illegally prescribing more than half a million doses of oxycodone, hydromorphone, fentanyl and other opioids to patients for years. Authorities say Dr. Joel Smithers operated a "pill mill" out of Martinsville, Va., located about 15 miles north of the Virginia-North Carolina border and about 175 miles southwest of Richmond. The U.S. District Court for the Western District of Virginia handed down the sentence in a courtroom in Abingdon. The sentence includes 20 years for Smithers' conviction for prescribing opioids that caused the death of a woman in West Virginia. In addition to the prison time, he was assessed an $86,000 fine and will serve three years of supervised release upon the completion of his prison time, according to court documents. The sentence is lighter than it could have been. Smithers was facing up to life in prison and a fine of more than $200 million, according to officials at the U.S. Justice Department. Smithers was convicted by a jury in May on more than 800 federal drug charges — including one count of possessing with the intent to distribute controlled substances and one count of maintaining a place for the purpose of unlawfully distributing controlled substances. He was also convicted on hundreds of counts of unlawfully distributing a controlled substance without a legitimate medical purpose or beyond the bounds of medical practice, including the two counts, listed in court documents as counts 298 and 299, that led to the death of the West Virginia woman. When Smithers, a resident of Greensboro, N.C., opened his Virginia practice in 2015, Justice Department officials said he prescribed controlled substances to "every patient in his practice, resulting in over 500,000 Schedule II controlled substances being distributed." His Martinsville office was raided by federal agents in 2017. Authorities say that Smithers ran an operation that was less a medical practice and more an interstate drug distribution network and that patients came from surrounding areas within Virginia, as well as from Ohio, Tennessee, Kentucky and West Virginia. Some traveled "hundreds of miles" to visit Smithers to get their drugs, according to a May news release by the U.S. Attorney's Office in the Western District of Virginia. "Smithers did not accept insurance and took in over $700,000 in cash and credit card payments prior to a search warrant being executed at his office on March 7, 2017," the statement said. During the trial, Smithers testified that he received a lot of patients through word of mouth. "Well, a few patients from Virginia, but most of them, through word of mouth, would come from Kentucky and West Virginia. Those were the main two places," Smithers said, according to court documents. "I think there were a few patients from Tennessee because Tennessee had shut down some clinics as well. And, I mean, it was just kind of word of mouth. I never really advertised. I had a sign out in front of my office," Smithers said. A man testified during the trial that he would drive between eight and 10 hours each way from his home in Kentucky to the Virginia practice and back. The man admitted he was addicted to oxycodone and hydrocodone and began to see Smithers after another doctor refused to give him pills. "There wasn't — there wasn't no doctors in my area like that to see," the man said about why he would make the trek. Ahead of Smithers' sentencing, a man named Dan Myers, who said he was a friend of Smithers and his family, urged the court to consider the "demonstrated positive attributes of

"Pill Mill" Pennsylvania doctor who traded cash for opioids is headed to federal prison.

Tue, 09 Feb 2021 00:00:00 +0000

A Montgomery County psychiatrist who traded cash for medically unnecessary opioid prescriptions is heading to federal prison. Spiro Y. Kassis, 66, was sentenced Wednesday to four years in prison after pleading guilty to illegally distributing controlled substances, including the opiate painkiller oxycodone. Separately, Kassis agreed to pay $1.4 million to settle a federal civil rights lawsuit and agreed to never again obtain a license for prescribing opioid medication.

Michigan Doctor Indicted on 37 counts of illegal distribution of prescription drugs.

Tue, 19 Sep 2023 00:00:00 +0000

A Monroe doctor accused of illegally distributing pain medication and committing health care fraud last week was found not guilty of all charges against him in federal court in Detroit.

Dr. Lesly Pompy, a pain management specialist, “was elated, his face streaming with tears as each count of the verdict was read by the (jury) foreperson,” one of Pompy’s attorneys, Ronald Chapman II, wrote in a post at federaldefenseblog.com.

The jury deliberated for two and a half days, then took a long break for Christmas and New Year’s before returning to give its verdict.

The verdict on Jan. 4 ended a monthlong trial in U.S. District Court in Detroit. It was the culmination of a case that began in 2015 when police began investigating Pompy. On Sept. 26, 2016, members of the Monroe Area Narcotics Team and Investigative Services (MANTIS) raided Pompy’s office inside ProMedica Monroe Regional Hospital. Police said the case involved the distribution of at least 1.2 million narcotic pills, including Norco and oxycodone, in a single year.

A federal grand jury had indicted a Monroe, MI physician on 37 counts of illegal distribution of prescription drugs and health care fraud during a four-year period where millions of doses of pills were allowed on the streets. The 37-count indictment stated that between 2012 and 2016, the doctor unlawfully distributed more than 10 million dosage units of controlled substances, such as fentanyl and morphine, outside the course of a professional medical practice.

Virginia dentist was involved in an elaborate scheme to prescribe opioids for personal use and the use of his co-conspirators.

Sun, 07 Feb 2021 00:00:00 +0000

Gary Hartman, a Virginia Beach dentist, will spend the next nearly eight and a half years in prison for conspiracy to distribute prescription opioids and muscle relaxant pills without a legitimate medical purpose. According to court documents, From 2014 to 2018, 48-year-old Gary Hartman was involved in an elaborate scheme to prescribe opioids such as hydrocodone and oxycodone pills for his personal use and the use of his co-conspirators. Some of those people included close friends of Hartman, another dentist and impoverished individuals. Hartman, who was a licensed Virginia dentist since 2002, would write prescriptions for oxycodone to his friends without a legitimate medical purpose, the friends would fill the prescriptions, bring back most of the pills for Hartman’s personal use and keep the remainder. He would also promise to perform free dental work on individuals in exchange for the service of filling prescriptions of oxycodone pills written by Hartman and bringing the pills back to him for his personal use. This conspiracy involved 766 prescriptions written for non-medical reasons and almost 40,000 oxycodone pills.

Memphis psychiatrist sentenced today to 48 months in prison for unlawfully distributing opioids for no medical reason and "often in exchange for sexual favors or companionship."

Wed, 03 Feb 2021 00:00:00 +0000

A west Tennessee psychiatrist was sentenced to 48 months in prison followed by three years of supervised release for unlawfully distributing opioids. Richard Farmer, 83, of Memphis, Tennessee, was sentenced by U.S. District Judge Thomas L. Parker. Farmer was found guilty by a jury on Feb. 21, 2020, of three counts of distribution of controlled substances outside the scope of professional practice and without a legitimate medical purpose. The defendant was charged in an April 2019 indictment as part of the first Appalachian Regional Prescription Opioid (ARPO) Strike Force Takedown. The indictment accused Dr Farmer of providing prescriptions for oxycodone and hydrocodone with benzodiazepines, a dangerous combination, for no medical reason and "often in exchange for sexual favors or companionship." The indictment claimed he didn't maintain patient files or did so "woefully" inadequately and often didn't see or treat his purported patients before prescribing them the drugs. He was accused of prescribing to a pregnant patient starting from before she was pregnant and through pregnancy for no medical reason. The indictment said Farmer did so between January 2017 and November 2018 and charged him with unlawfully distributing and dispensing controlled substances and aiding and abetting. “The Department of Justice is committed to ensuring that physicians who abuse their power to promote and prolong drug addiction for their own benefit are punished accordingly,” said Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division. “Opioid misuse and abuse is an insidious epidemic, created in large part by the over-prescribing and diversion of potent opioids,” said U.S. Attorney D. Michael Dunavant of the Western District of Tennessee. “This sentence demonstrates our ability and resolve to aggressively prosecute and hold accountable any medical personnel who misuse their positions of trust to exploit the very people coming to them for help.” “Doctors who prey on those who suffer from the disease of addiction are no better than street corner drug dealers,” said Special Agent in Charge Todd Scott of the Drug Enforcement Administration’s (DEA) Louisville Division. “DEA remains committed to rooting out and locking up all healthcare practitioners who exploit the weak and put greed above patient care.” According to the evidence presented at trial, Farmer prescribed opioids to three sisters with whom he had ongoing sexual contact during the time he was prescribing. The evidence showed that between July 2016 and January 2019, Farmer prescribed over 1,200 pills, even though the three sisters showed clear signs of addiction. The evidence further showed that he kept almost no patient files on these women. Farmer also provided opioid prescriptions for the women’s friends, without keeping patient files for them or requiring medical examinations.

Two doctors and five pharmacists among 49 arrested for writing prescriptions for opioids, knowing the drugs would be diverted to the streets for illicit use.

Wed, 03 Feb 2021 00:00:00 +0000

Forty nine defendants, including two doctors and five pharmacists, have been charged with participating in an $18 million pill mill scheme. According to evidence presented at three different trials conducted in early 2021, Dr. Capistrano and his associate, Dr. Tameka Lachelle Noel, wrote prescriptions for hydrocodone, oxycodone, alprazolam, carisoprodol, zolpidem, phentermine, and promethazine with codeine, knowing the drugs would be diverted to the streets for illicit use. Dr. Capistrano and Dr. Noel, assisted by clinic manager Shirley Ann Williams, used a network of recruiters to enlist individuals from the community and local homeless shelters to pose as “patients.” Recruiters paid each “patient” a small fee, usually $50 to $200 cash, to obtain controlled substance prescriptions from Dr. Capistrano and Dr. Noel. The recruiters – who paid the clinic based in part on the amount of drugs prescribed – then filled the prescriptions at various complicit pill mill pharmacies and diverted the drugs for resale on the streets. The pharmacists charged the recruiters between $200 and $800 per prescription, filling hundreds and hundreds of prescriptions for a fee, according to evidence presented at trial. At the clinic, many of the “patients” were seen not by the doctors, but by Ms. Williams, who possessed neither a medical license nor a DEA registration. After a perfunctory conversation with the “patient,” Ms. Williams allegedly coordinated with Dr. Capistrano and Dr. Noel to prescribe dangerous drugs without legitimate medical purpose. In order to make the prescriptions appear legitimate, the doctors occasionally included prescriptions for non-controlled substances, such as antibiotics and mineral ice. Over a nine-year span, Dr. Capistrano issued prescriptions for more than 524,000 doses of hydrocodone, 430,000 doses of carisoprodol, 77,000 doses of alprazolam, and 2.07 million doses of promethazine with codeine. Over seven years, Dr. Noel issued prescriptions for more than 200,000 doses of hydrocodone, 55,000 doses of carisoprodol, 14,000 doses of alprazolam, and 450,000 doses of promethazine with codeine. Often, the doctors prescribed multiple medications simultaneously and at the highest dosages available. Medical professionals convicted in the scheme include three doctors, two clinical staff, five pharmacists, and four patient recruiters.

Two workers who were diverting medications overdosed on the same day. One died. For details see https://www.mlive.com/news/ann-arbor/2014/04/police_u-m_doctor_overdosed_on.html DelVecchio was found dead at the Neuroscience Hospital, 1500 East Medical Center Drive. She, too, was locked in a bathroom with hospital-issued sedation medication and a syringe. An autopsy report obtained by The Ann Arbor News revealed Delvecchio

Tue, 19 Nov 2019 00:00:00 +0000

Two workers who were diverting medications overdosed on the same day. One died. For details see https://www.mlive.com/news/ann-arbor/2014/04/police_u-m_doctor_overdosed_on.html DelVecchio was found dead at the Neuroscience Hospital, 1500 East Medical Center Drive. She, too, was locked in a bathroom with hospital-issued sedation medication and a syringe. An autopsy report obtained by The Ann Arbor News revealed Delvecchio died from a mix of the opiate fentanyl and the benzodiazepine midazolam, which are frequently used together to sedate patients before surgeries. Delvecchio, a nurse in the Cardiovascular Intensive Care Unit, had multiple needle marks on various parts of her body, according to the autopsy. The manner of death was ruled "apparently accidental.” When asked if prescription drug theft was a problem at U-M health care facilities, Steigmeyer said via email, “Without question, the majority of our staff comply fully with all controlled substance laws and regulations.” $4.3 million fine in 2018. For details about the DEA fine, see https://www.mlive.com/news/ann-arbor/index.ssf/2018/08/university_of_michigan_health_33.html

In the Eastern District of Tennessee, Four doctors, a nurse practitioner and a physician’s assistant were charged with the unlawful distribution of opioids. Dr. Henry Babenco was the supervising physician at Lafollette Wellness Center of LaFollette. An indictment charges him along withregistered nurse Sharon Naylor, physician’s assistant Alicia Taylor and clinic manager Gregory Madron. The

Tue, 19 Nov 2019 00:00:00 +0000

In the Eastern District of Tennessee, Four doctors, a nurse practitioner and a physician’s assistant were charged with the unlawful distribution of opioids. Dr. Henry Babenco was the supervising physician at Lafollette Wellness Center of LaFollette. An indictment charges him along withregistered nurse Sharon Naylor, physician’s assistant Alicia Taylor and clinic manager Gregory Madron. The indictment said the four worked together to illegally distribute the opioids oxycodone and oxymorphine, plus morphine sulfate between Mary 2016 and December 2018. The indictment also charges Babenco and Naylor with money laundering a total of $120,000 in December 2017 and October 2018. See https://www.justice.gov/opa/page/file/1154951/download

Anderson prescribed nearly a million oxycodone pills to patients he knew had no legitimate medical need for the medication, including Grande, who sold the pills on the streets of New York. Anderson often saw his patients, some of whom displayed visible signs of drug addiction, without appointments and with little notice, in the middle of

Tue, 19 Nov 2019 00:00:00 +0000

Anderson prescribed nearly a million oxycodone pills to patients he knew had no legitimate medical need for the medication, including Grande, who sold the pills on the streets of New York. Anderson often saw his patients, some of whom displayed visible signs of drug addiction, without appointments and with little notice, in the middle of the night, and required that they pay hundreds of dollars in cash for each prescription. Noisy crowds of pill-seeking patients often gathered outside of Anderson’s office and in his waiting room, prompting occasional 911 calls from neighbors. Even after some of Anderson’s patients died of drug overdoses, he did not alter his prescribing practices.

A pharmacist in White Plains, was arrested and presented in Manhattan federal court. According to the allegations in the Indictment unsealed today, the pharmacist filled oxycodone prescriptions that he knew were illegitimate, including prescriptions filled by a customer in multiple variations of his name and date of birth, and prescriptions filled in the names of

Tue, 19 Nov 2019 00:00:00 +0000

A pharmacist in White Plains, was arrested and presented in Manhattan federal court. According to the allegations in the Indictment unsealed today, the pharmacist filled oxycodone prescriptions that he knew were illegitimate, including prescriptions filled by a customer in multiple variations of his name and date of birth, and prescriptions filled in the names of individuals who never were present in the pharmacy. The pharmacist filled thousands of these oxycodone prescriptions, “fronted” controlled substances, and made false reports to New York State authorities, in exchange for cash payments and a vacation. The pharmacist admitted, in substance, that he and his employees could be called “licensed drug dealers” because “oxy pays the bills” at the The pharmacist’s pharmacy.

Sayegh maintained a corrupt relationship with a co-conspirator, issuing oxycodone prescriptions in his name, variations of his name, his family members’ names, and the names of other individuals in exchange for thousands of dollars in cash, expensive dinners, high-end whisky, cruises, and all-expense-paid trips. Sayegh wrote some of these prescriptions, for which there was no

Tue, 19 Nov 2019 00:00:00 +0000

Sayegh maintained a corrupt relationship with a co-conspirator, issuing oxycodone prescriptions in his name, variations of his name, his family members’ names, and the names of other individuals in exchange for thousands of dollars in cash, expensive dinners, high-end whisky, cruises, and all-expense-paid trips. Sayegh wrote some of these prescriptions, for which there was no legitimate medical purpose, for individuals who did not visit his medical office, including a patient who was overseas and another patient who was incarcerated.

in exchange for cash payments, Nkanga wrote thousands of oxycodone prescriptions for patients, some of whom displayed visible signs of drug addiction, without conducting any physical examination, or even seeing them in an examination room. Nkanga also wrote prescriptions in the names of patients who did not even visit his medical office. On one occasion,

Tue, 19 Nov 2019 00:00:00 +0000

in exchange for cash payments, Nkanga wrote thousands of oxycodone prescriptions for patients, some of whom displayed visible signs of drug addiction, without conducting any physical examination, or even seeing them in an examination room. Nkanga also wrote prescriptions in the names of patients who did not even visit his medical office. On one occasion, for instance, Nkanga asked a patient, “how many people are you representing today,” and then wrote prescriptions in the names of people, even though three were not present. Nkanga regularly prescribed over 100 oxycodone pills per patient per month until July 2018 when he reduced all patients’ monthly allotment, telling one patient he was “very worried” about scrutiny from law enforcement.