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Doctors and Nurse Practitioner Arrested in Prescription Drug Abuse Raid

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A crackdown on prescription drug abuse by New York law enforcement has resulted in the arrests of 98 people. Two doctors and a nurse practitioner were among those charged.

A series of raids were carried out by Brooklyn federal prosecutors, the Drug Enforcement Administration (DEA), district attorney’s offices, and local law enforcement agencies. The raids began June 5, 2012 and resulted in the arrests.

To view the DEA’s press release concerning the raid, click here.

Both Doctors Accused of Overprescribing.

One of the doctors is accused of conspiring to distribute oxycodone to patients that were not legitimate. Allegedly, the doctor surrendered his DEA registration. This terminated his authority to prescribe controlled substances such as oxycodone. However, he allegedly attempted to use other health care practitioners to continue to prescribe drugs, which the government contends is illegal.

Another doctor involved in the crackdown is charged with illegal distribution of oxycodone. During the execution of a federal search warrant at his offices on March 1, 2012, the doctor voluntarily surrendered his DEA registration. However, he allegedly continued to issue prescriptions to those whom he knew were not legitimate patients.

We continually warn against “voluntarily relinquishing” DEA registrations or medical licenses with any investigation pending as this is treated the same as a revocation in most cases. For an article we have written on this, click here.

Florida Has Experienced Similar Prescription Drug Abuse Crackdowns.

Starting around two years ago, Florida health providers involved in narcotics precribing became routine targets for law enforcement. This was part of a concerted effort by state and federal officials to crackdown on “pill mill” operations. Regulations increased. Lawmakers enacted severe penalties for doctors and other health professionals accused of over-prescribing. Most physicians were banned from dispensing drugs in their offices. The governor created a Florida drug “strike force” with a mission to eliminate any pain clinics that were found to be breaking the law. The Florida Surgeon General and the Board of Medicine made announcements about the “crackdown” on “over-prescribing.”

Since the implementation of the new pain management and prescribing laws, the Florida strike force has made thousands of arrests and seized millions of pills of narcotics. This has resulted in serious concerns by those in the pain management profession.

Law Enforcement will Continue to Pursue Physicians, Pharmacists, Nurses and Other Health Providers.

The recent raid in New York and ongoing actions in Florida demonstrate that law enforcement will continue to pursue health professionals who prescribe large amounts of narcotics.

Contact Health Law Attorneys Experienced with Overprescribing Charges and DEA Cases.

The Health Law Firm represents pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources Include:

Allen, Jonathon. “Doctors Arrested in New York Prescription Drug Crackdown.” Reuters. (June 7, 2012). From http://in.reuters.com/article/2012/06/06/usa-crime-painkillers-idINL1E8H6E3J20120606

CBS News. “98 Arrested in NY Prescription Drug Sweep.” CBS News. (June 6, 2012). From http://www.cbsnews.com/8301-201_162-57448268/dozens-arrested-in-ny-prescription-drug-bust/

McKenzie-Mulvey, Erin. “U.S. Attorney Lynch, District Attorneys, DEA, Other Law Enforcement Announce Prescription Drug Initiative.” Drug Enforcement Administration. (June 7, 2012). Press Release. From: http://www.justice.gov/dea/pubs/states/newsrel/2012/nyc060712a.html

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

By The Health Law Firm|2024-03-14T10:00:31-04:00June 1, 2018|Categories: DEA, The Health Law Firm Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, New York prescription drug abuse arrests, New York prescription drug crackdown, nurse, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician|Comments Off

Medical Marijuana Legalized in Connecticut: Will More Problems Develop for Doctors, Pharmacists?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The use of marijuana for medical reasons has been legalized in Connecticut. The state’s governor signed into law HB 5389 on May 31, 2012, which allows licensed physicians to certify a patient’s use of marijuana for medical purposes. Connecticut is the 17th state to legalize marijuana for medical use.

To view Connecticut HB 5389, click here.

Medical Marijuana Legislation in Connecticut Imposes Restrictions on Patients.

The new law outlines restrictions to prevent abuse of the substance. Patients and caregivers in Connecticut must register with the Connecticut Department of Consumer Protection. In addition, a doctor must certify there is a medical need for marijuana to be dispensed. HB 5389’s qualifying medical conditions are cancer, glaucoma, HIV, Parkinson’s, multiple sclerosis, spinal cord injuries causing spasticity, epilepsy, Crohn’s disease, and PTSD. The Connecticut Department of Consumer Protection is authorized to add additional medical conditions.

Special License Needed for Pharmacists to Dispense Marijuana for Medical Use.

According to HB 5389, only a pharmacist with a special license can dispense medical marijuana. Pharmacists can obtain marijuana from licensed producers, who will pay an application fee of at least $25,000.

Majority of HB 5389 Provisions are Effective October 1, 2012.

The majority of the bill will go into effect on October 1, 2012, including a provision to allow patients to obtain a temporary registration to possess marijuana while the department implements the remainder of the act.

New Legislation Could Mean More Issues for Physicians, Pharmacists.

The passing of HB 5389 could mean more issues for physicians and pharmacists in Connecticut. Because the bill places many restrictions on the medical use of marijuana, the state may closely monitor the actions of physicians and pharmacists who prescribe and dispense medical marijuana.

Contact Experienced Health Law Attorneys.

The Health Law Firm routinely represents pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources Include:

Clark, Mary Ellen. “Connecticut is the 17th State to Legalize Marijuana for Medical Use.” Reuters. (June 1, 2012). From http://www.reuters.com/article/2012/06/01/us-usa-marijuana-connecticut-idUSBRE85018X20120601

By The Health Law Firm|2024-03-14T10:00:31-04:00June 1, 2018|Categories: DEA, In the News, The Health Law Firm Blog|Tags: Connecticut legalizes medical marijuana, dea, doctor, drug enforcement administration, medical marijuana, medical marijuana use, nurse, pharmacies, pharmacists, pharmacy, physician|Comments Off

The DEA’s War on Pain Management

Within the last few years, raids on pain management clinics, as well as pharmacies, have been increasingly commonplace. The doctors, pharmacists, nurses and other health care professionals involved are carted away in handcuffs and must defend their practice.

According to the St. Petersburg Times, a South Florida pain management clinic has recently been shut down under emergency action by the Florida Department of Health (DOH). Several health care professionals at the clinic were arrested, their licenses revoked.

In this instance, the charges against these health care employees are not completely unwarranted. Patients confessed to authorities that members of the clinic knew they were shopping for drugs, and an employee revealed that he was asked to recruit patients by promising powerful drugs.

However, it is not uncommon for a pain management clinic or related practice to face investigation, especially in Florida. Federal and state agencies are doing everything and anything they can to prevent drug farming, which means a crackdown on health care providers. Dubbed “Operation Pill Nation,” this strict enforcement means more worries for health care professionals, who now must monitor patient needs under the DEA’s close watch.

If your medical practice specializes in pain management or a similar area, have a plan in place in the event that the DEA comes knocking on your door. Be aware of health lawyers that are familiar with these cases and can defend you in the event of a DEA raid. These proceedings are often very complicated, and you’ll want an experienced team of health law attorneys to properly defend you from criminal charges.

At The Health Law Firm, our team of lawyers specialize in the representation of doctors, nurses, pharmacists, physicians assistants, nurse practitioners and other health care professionals involved in Department of Health, Diversion Control and Drug Enforcement Administration in Florida and throughout the United States. For more information about our knowledge in the practice of health law and DEA cases read our article on Pain Management and the DEA.

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Categories: In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: dea, department of health, drug enforcement administration, florida, florida health attorney, health law attorney, pain management, pill mills|Comments Off

Recent Pill Mill Bust in Florida Dubbed “Operation Pill Street Blues”

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A statewide pill mill bust that spanned several Florida cities was announced by the Drug Enforcement Administration (DEA) and Florida law enforcement on June 27, 2012. Seven doctors and seven pain clinic owners were arrested. The raid has been dubbed “Operation Pill Street Blues” by the DEA.

To view the DEA’s press release concerning the raid, click here.

Manslaughter and Trafficking Among Charges Against the Doctors and Pain Clinic Owners.

The doctors and pain clinic owners are facing a long list of charges. Some of the alleged offenses include: racketeering; conspiracy to commit racketeering; manslaughter; trafficking in a controlled substance; conspiracy to traffic in a controlled substance; delivery of a controlled substance; illegally prescribing a controlled substance by a practitioner; illegally prescribing a controlled substance (oxycodone hydrochloride) by a practitioner-trafficking amount; workers compensation fraud; and money laundering.

Investigation Unveiled Ring of Pill Mills Spanning Across Florida.

The arrests follow a two year investigation led by the DEA in conjunction with the Indian River County Sheriff’s Office, Vero Beach Police Department, and the Attorney General’s Office of Statewide Prosecution. The investigation began in Vero Beach in November 2010 after the DEA received complaints about a pain clinic that was allegedly writing a large amount of narcotics prescriptions.

During the investigation, DEA agents uncovered eight more pain clinics in Miami, Daytona Beach, Jacksonville, Sarasota, Gainesville and Pensacola that were allegedly involved in the same operation. DEA agents also learned that some of the pain clinics were allegedly owned by two active Pompano Beach firemen.

Pain Clinic Owners Allegedly Studied Other DEA Pill Mill Busts to Avoid Detection.

According to the DEA, the pain clinic owners allegedly researched public records relating to past DEA investigations such as Operation Pill Nation and Operation Oxy Alley. One of the pain clinic owners also allegedly educated others at the clinics on how to successfully report their competition to law enforcement.

Wire Intercepts, Informants, and Undercover Agents Used in Pain Clinic Investigations.

The investigation into the pain clinics involved the use of judicial wire intercepts, informants, and under cover visits to the pain clinics. Undercover agents allegedly visited each of the seven doctors charged. The agents were allegedly prescribed approximately 2,732 oxycodone tablets.

Law Enforcement Raids on Physicians, Pharmacists, Nurses and Other Health Providers Will Continue.

According to the DEA, Operation Pill Street Blues is an ongoing investigation. Additional arrests of co-conspirators, including other doctors and health providers, are forthcoming, according to the DEA. If you are a physician, pharmacist, nurse, or other health provider, ensure you are taking measures to protect yourself and your practice.

Contact Health Law Attorneys Experienced with DEA Cases.

If you are aware of an investigation of you or your practice, or if you have been contacted by the DEA or DOH, contact an experienced health law attorney immediately.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources Include:

Ro, Mia. “Federal Investigation Takes Down New Breed of Pill Mills in Florida.” Drug Enforcement Administration. (June 27, 2012). Press Release. From: http://www.justice.gov/dea/pubs/states/newsrel/2012/mia062712.html

Roberts, John. “DEA, Florida Police Arrest 14 in Pill Mill Bust.” Fox News. (June 6, 2012). From http://www.foxnews.com/us/2012/06/27/statewide-pill-mill-bust-involves-florida-municipal-workers/#ixzz1zBvQuGgC

By The Health Law Firm|2024-03-14T10:00:32-04:00June 1, 2018|Categories: DEA, The Health Law Firm Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, ESO, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, Orlando DEA defense lawyer, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician, Pill Street Blues, prescription drug trafficking|1 Comment

Two Central Florida Physicians Connected to Statewide Pill-Mill Network

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

An Orlando and Jacksonville physician have been linked to a statewide pill-mill operation that brought in millions of dollars to pain clinic owners and doctors, according to the Orlando Sentinel. On June 27, 2012 seven doctors and seven pain clinic owners were arrested in the raid that was dubbed “Operation Pill Street Blues.” The two-year, multiagency investigation into the pill-mill operation spanned from Miami to Pensacola. The investigation included the Drug Enforcement Agency (DEA) and Florida law enforcement.

To view the DEA’s press release concerning the investigation, click here.

South Florida Firefighter Alleged Leader of Pill Mill.

Investigators named a 32-year-old Pompano Beach firefighter as the pill-mill’s ring leader. He allegedly used his image as a city firefighter and paramedic to develop a clean reputation with the local law enforcement.

He allegedly told his co-conspirators how to turn in other rogue doctors, pain clinics, and patients who abused drugs to authorities, so that their business would appear legitimate.

Millions of Oxycodone Pills were Prescribed in One Year.

Doctors recruited by the pill-mill network would allegedly write prescriptions to patients who did not have a medical need for the drugs or would prescribe excessive amounts of pills.

The seven doctors in the organization allegedly dispensed more than two million oxycodone tablets in one year. The Orlando and Jacksonville doctors allegedly prescribed more than 930,000 oxycodone pills between the two of them in a nine-month period.

Both Local Doctors Examined Undercover Detectives Posing as Patients During the Investigation.

Both doctors were visited by undercover detectives posing as patients. The Jacksonville doctor examined a detective who complained of minor back pain. She allegedly issued prescriptions for oxycodone and other drugs, even though the detective had no observable medical issues.

The affidavit details other undercover doctor visits, including those with the Orlando doctor at a pain management clinic in Fort Meyers. The initial exam between the doctor and the undercover detective allegedly lasted less than three minutes, before he gave the detective a prescription for oxycodone and other drugs.

Charges Vary from Racketeering to Manslaughter.

Those arrested for alleged involvement in the pill-mill scheme face charges ranging from racketeering, to trafficking of a controlled substance, to manslaughter.

On June 26, 2012, the day before authorities announced the charges, the Department of Health suspended the doctors’ licenses.

Pain management doctors click here to see if you’re in compliance with the recent changes to Florida’s pain management laws.

Patients with Severe Pain Speaking Out.

A former patient of a Vero Beach doctor arrested in the sting is one of hundreds who were prescribed strong narcotic pain medications at the alleged pill mills. Now she’s having a hard time finding the medications she needs to treat her conditions, including: a herniated disk, osteoarthritis and fibromyalgia. All of her conditions are listed in medical records and cause her severe pain. She is trying to find another doctor that is willing to prescribe her the medications she needs to function.

This situation is familiar to many patients in Florida with true medical need for prescription pain medications. These patients are finding it increasingly difficult to even locate a physician to treat them. Medical ethicists have commented on this problem, saying it is an issue that will become increasingly problematic for the foreseeable future.

Contact Health Law Attorneys Experienced with DEA Cases.

The Health Law Firm represents pharmacists, pharmacies, physicians, nurses, and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH), and other law enforcement agencies.

If you are aware of an investigation of you or your practice, or if you have been contacted by the DEA or DOH, contact an experienced health law attorney immediately.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources Include:

Pavuk, Amy. “Authorities Link Orlando doctor, Daytona Clinic to Pill-Mill Network.” Orlando Sentinel. (July 14, 2012). From: http://articles.orlandosentinel.com/2012-07-14/news/os-fernando-valle-pill-mill-network-20120714_1_pain-clinics-pill-mill-network-clinic-owners

Gordon, Lynn. “Former Patient of Vero Beach Doctor Arrested in Pill Mill Bust Talks.”WPEC-TV. (July 17, 2012). From: http://www.cbs12.com/news/top-stories/stories/vid_1092.shtml

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Categories: DEA, Department of Health, In the Know, In the News, Pain Management, The Health Law Firm Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, ESO, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician, Pill Street Blues, prescription drug trafficking, Tag words: Orlando DEA defense lawyer|Comments Off

Florida Doctor Arrested for Drug Sales and Other Criminal Charges

Drug trafficking charges against a medical doctor are not a new concept, especially in Florida. Recent pill mill busts throughout the state have resulted in an omnipresent DEA, always on the lookout for illegal drug sales by pharmacies, pharmacists, pain management clinics and physicians. However, the recent arrest of a Central Florida doctor extends beyond the run of the mill “pill mill” bust, as the accusations in this case involve sex with a minor and delivering a controlled substance to a minor.

According to Florida Today, this Central Florida doctor was arrested Tuesday following a raid by the Florida Department of Law Enforcement. This is his second arrest after he was charged with possession of marijuana and drug paraphernalia in August.

Tuesday’s arrest resulted from evidence of the doctor’s sexual relationship with a high school student. The doctor was arrested in 2009 after being caught during a traffic stop with bags of marijuana in his car and allegedly having a sexual relationship with the 16-year-old passenger. Although charges were not filed after the girl recanted her evidence and claimed the marijuana was hers, that didn’t put an end to a steady stream of younger girls going into the clinic. According to residents of the area surrounding the clinic, girls were frequently seen going to see the doctor dressed in revealing attire. Aside from teenage patients, residents reported often seeing a line out to the street for people waiting to get into the clinic, a possible indicator of drug trafficking.

Although his medical license has been suspended, this Florida doctor has yet to receive broader drug trafficking charges, despite his huge prescription distribution numbers. According to the Florida Department of Law Enforcement, this doctor prescribed 250,000 oxycodone pills in the first eight months of 2011. Compared to the entire state of California, which had 300,000 oxycodone prescriptions in the last six months of 2010, it is evident that this Florida doctor had a major painkiller operation. The Florida Department of Law Enforcement is calling him one of the worst offenders in the state of Florida. Upon further investigation, this doctor and anyone who may have assisted him in the drug trafficking of oxycodone may be charged for this offense.

While the possibility of drug trafficking charges is enough to scare any physician, other criminal charges can be equally damaging, especially depending on how the accused individuals plea to the charges. A health professional’s plea of nolo contendere, which may seem like the safe route, is actually treated the same as a plea of guilty for all purposes. There are ways to defend criminal charges (like the ones against the aforementioned Florida doctor) that can result in a more favorable outcome (e.g., attempting to obtain pre-trial diversion, pre-trial intervention or drug court), but legal advice should be sought from an attorney who frequently represents health care providers before any actions are pursued. To learn more about criminal charges against doctors and other health professionals see this recent post or visit our website at www.TheHealthLawFirm.com.

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Categories: Health Care Industry, In the Know, In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: dea, defense attorney, doctor, drug trafficking, fdle, florida, health law, oxycodone, pain management|3 Comments

South Florida Man Busted for Fraudulently Working as a Pharmacist

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press release.

Man Allegedly Gave the Wrong Prescription to At Least One Customer.

Prosecutors said this man worked at pharmacies throughout Central Florida, including CVS pharmacy and Walgreens. According to the Orlando Sentinel, while working at one of the pharmacies, he gave a customer the incorrect medication, causing that person to suffer a severe reaction and stroke.

How He Obtained a License.

Allegedly, the man fraudulently obtained a pharmacist license in September of 2000 from the State Department of Health (DOH) by using the name, date of birth, Social Security number and pharmacy education information of a licensed pharmacist.

The fake pharmacist was able to renew the license and was allegedly receiving paychecks from pharmacies through the mail.

How the Fake Pharmacists Got Caught.

Local authorities began investigating the South Florida man after a legitimate pharmacist in Arizona reported that his identity had been stolen.

The legitimate pharmacist first learned in 2007 that someone was using his identity in Florida when the Internal Revenue Service (IRS) contacted him about undeclared earnings. He had never worked in Florida and learned someone was posing as him and working as a pharmacist under his name, according to the court records.

To see the full press release on this case, click here.

Fake Pharmacist Facing a Number of Charges and Possibly Time in Prison.

The fraudulent pharmacist pled guilty to mail fraud, aggravated identity theft, and money laundering in Orlando. He faces up to 20 years in federal prison for the mail fraud charge, 10 years for the money laundering charge, and a minimum of two years for any other sentence for the aggravated identity theft charge, the Justice release said.

The Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) investigated the case with assistance from the Florida Department of Health’s Division of Medical Quality Assurance.

Click here to see our experience representing pharmacists and pharmacies.

Contact Health Law Attorneys Experienced with Representing Pharmacists and Pharmacies.

The attorneys of The Health Law Firm provide legal representation to pharmacists and pharmacies in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

FBI.gov. “Pharmacist Impersonator Charged with Mail Fraud, Identity Theft, and Money Laundering.” FBI, Tampa Division. (July 24, 2012). From Press Release: http://www.fbi.gov/tampa/press-releases/2012/pharmacist-impersonator-pleads-guilty-to-mail-fraud-identity-theft-and-money-laundering

TBO.com. “Ruskin Man Admits Identity Theft in Fake Pharmacist Case.” Tampa Bay Online. (July, 24, 2012). From: http://www2.tbo.com/news/health-4-you/2012/jul/24/ruskin-man-admits-identity-theft-in-fake-pharmacis-ar-440248/

Pavuk, Amy. “Feds: Man Stole Pharmacist’s Identity, Worked at Pharmacies Across Metro Orlando.” Orlando Sentinel. (July 24, 2012). From: http://articles.orlandosentinel.com/2012-07-24/news/os-pharmacist-stolen-identity-20120724_1_pharmacies-illinois-court-federal-court

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Categories: Department of Health, In the News, The Health Law Firm Blog|Tags: criminal charges, dea, DEA investigation, DEA number, department of health, Department of Justice, doh, DOJ, FBI, identity theft, investigation, legal defense for pharmacists, legal representation for pharmacists, license revoked, pharmacies, pharmacy investigation, quality assurance|Comments Off

Benchmark: DEA Conduct Resulted in Dismissed Charges

In light of the DEA‘s recent focus on Florida’s prescription drug trafficking problem, we wanted to discuss a former case in which the DEA‘s actions resulted in a favorable outcome for alleged drug dealers.

According to the Daily Journal, in 2004, U.S. District Judge Florence-Marie Cooper dismissed charges against three alleged methamphetamine dealers after an attorney to one of the defendants argued that the informant improperly relied on a “subinformant” to set up drug transactions in order for DEA agents to bust suspected dealers. According to the attorney, the informant used the intermediary to protect himself and the DEA from entrapment claims. Because of this, defense attorneys could not derive from the primary witness how the drug sale was arranged.

The attorney claimed that the subinformant contacted old friends and acquaintances in low-income areas and informed them of money to be made if they could find a large amount of methamphetamine for a prospective buyer. The informant posed as the buyer. By repeatedly calling these individuals to find a source for the methamphetamine transactions, the subinformant would turn the case over to the informant right before the transaction took place.

In this case, the DEA provided evidence only of the final interactions between the informant and the defendants. The attorney wanted to show that the entrapment actually occurred earlier, when the subinformant allegedly pressured the defendants to complete the methamphetamine deal.

In laying out the subinformant scheme in his discovery motion, the attorney cited phone records between the subinformant and the defendants in his case and in two other methamphetamine cases, U.S v. Parra, 03-CR- 121, and U.S. v. Corcuera, 03-CR-24. In the three cases, the subinformant had regular and frequent contact with the defendants, but the informant had very little or no contact with the defendants before the arrests.

Cooper agreed that the informant used an underling to keep the defense from analyzing the details of the drug deal. According to Cooper, using an intermediary to do the actual work assigned to the informant, allows the DEA to protect itself from inspection and from any charges of improper conduct.

“A law enforcement agency must not be allowed to shield itself from accountability by hiring someone outside of law enforcement who is free to violate citizens’ rights.” U.S. v. Alvarez, 02-CR-355.

With a subinformant, there is no requirement to monitor their actions. The DEA doesn’t tape, keep records or provide discovery for subinformants. The DEA has a history of failing to regulate its informants, including the nationwide Andrew Chambers scandal. An internal investigation launched by the DEA in 2000 revealed that Chambers repeatedly lied under oath over a 16-year period in which he earned almost $2 million to help bust drug felons.

However, even if informants were regulated it wouldn’t prevent subinformants from negotiating the transactions that entrap individuals.

These investigative measures by the DEA are also being used in operations directed at Florida pain clinics. In an effort to rid the state of pill mills, the DEA is using every tool to bust clinics, physicians and pharmacists that might be involved in a suspicious pain clinic.

For more information about legal matters concerning pain clinics, visit www.TheHealthLawFirm.com.

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Categories: Health Care Industry, In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: attorney, dea, florida, informants, pain clinic, pill mills|Comments Off

New Popular Drug Called “Smiles” Outlawed in Florida – Zombie Attacks Still a Threat!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In previous blogs we’ve mentioned that Florida Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlawed more than 90 new forms of synthetic drugs and included bath salts, among others. It modifies Section 893.03(1)(c), Florida Statutes, by expanding the list of banned hallucinogenic substances in Schedule I of the Florida Comprehensive Abuse Prevention and Control Act. To see Florida HB 1175, click here. To see the entire list of banned substances, click here.

As you are no doubt aware, this was due, in part, to the recent outbreak of zombie attacks in the state of Florida. To see my prior blog on this, click here.

A new drug is popping up on the market with the name 2C-I or “smiles.” This drug is on the list of banned hallucinogenic substances, but has been linked to a number of deaths across the country.

Click here to learn more on the dangers of taking smiles.

Actor Thought to Have Taken Smiles Prior to Death.

According to CBS News, Johnny Lewis, an actor on the TV show “Sons of Anarchy,” is believed to have taken smiles before allegedly killing his landlady and falling to his death. Detectives believe the actor also had mental health issues.

To see the CBS News story, click here.

Florida’s Synthetic Drug Legislation Imposes Restrictions on Synthetic Substances.
The law that was passed in Florida put in place restrictions to prevent abuse of synthetic substances including certain synthetic cannabinoids and synthetic stimulants. Many of the synthetic substances are also commonly known as synthetic marijuana, smiles, bath salts, K2, potpourri, and incense.

The large quantities of synthetic substances are included in HB 1175 because the chemical compounds in these substances are easy to change. The ease of converting these substances into illegal drugs helps illegal drug makers, users and sellers to avoid arrest and prosecution. For example, one synthetic substance might be illegal under the Florida Comprehensive Abuse Prevention and Control Act, but a minor change in the molecular makeup might make the substance legal. Florida residents who desired to become zombies could just take one of these synthetic substances (don’t ask how). They no longer have to go to Haiti or watch “Weekend at Bernie’s” three times in a row.

Banning Synthetic Drugs Was An Attempt To Reduce Cannibalistic Attacks.

Who can forget the story of the Miami cannibal believed to have been on bath salts?

To refresh your memory, click here to see the story from CNN. Warning this does include actual video of the attack.

It was rumored that one prominent Florida lawmaker stated that banning bath salts, smiles and other synthetic drugs should help to reduce the reported acts of cannibalism and zombie-like behavior in Florida.

Manufacturers and Retailers, Watch Your Back.

The passing of HB 1175 could mean more issues for manufacturers and retailers of any products utilizing synthetic substances such as bath salts, herbal incense, or potpourri. If you manufacture or sell any product that is composed of synthetic substances you should regularly test your products to ensure that you are in full compliance with the new law.

On October 2, 2012, a Port Orange, Florida, store owner was charged with drug possession with intent to sell. Officials accused him of selling synthetic drugs, including marijuana and bath salts.

To see the Orlando Sentinel story on this arrest, click here.

Contact Experienced Health Law Attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

What do you think about the ban on synthetic drugs? Do you think it is working or not working? Please submit any thoughtful comments below.

Sources:

Jaslow, Ryan. “‘Smiles’ Druge Implicated in Actor’s Death: What Are They?” CBS News. (September 28, 2012). From: http://www.cbsnews.com/8301-204_162-57522571/smiles-drug-implicated-in-actors-death-what-are-they/

Weiss, Piper. “2C-I or ‘Smiles’: The New Killer Drug Every Parent Should Know About.” Yahoo. (September 20, 2012). From: http://shine.yahoo.com/healthy-living/2c-smiles-killer-drug-every-parent-know-234200299.html

Hernandez, Arelis. “Store Owner Accused of Selling Synthetic Drugs, Bath Salts.” Orlando Sentinel. (October 2, 2012). From: http://www.orlandosentinel.com/news/local/breakingnews/os-bath-salts-arrest-20121002,0,7437907.story

CNN. “Security Video Shows Entire Miami ‘Zombie’ Attack.” CNN. (May 30, 2012). From: http://news.blogs.cnn.com/2012/05/30/security-video-shows-entire-miami-zombie-attack/

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

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Florida’s Pill Mills Still a Target

Last week, the DEA announced the results of enforcement efforts directed at Florida’s illegal prescription drug distributors.

According to the DEA, more than 100 individuals have been arrested in operations targeting pill mills in Florida, and the DEA, as well as Florida law enforcement, will continue to investigate and prosecute pain clinics, pharmacies and physicians who are contributing to Florida’s prescription drug trafficking epidemic.

Operation Pill Nation I, initiated in February 2011 in South Florida, has resulted in the arrest of 47 people, including 17 doctors and five clinic owners, and the seizure of more than $18.9 million in cash and assets. Furthermore, over 70 doctors, six pharmacy owners and five DEA Registered Controlled Substance Distributors have been stripped of their DEA registrations.

Operation Pill Nation II has resulted in enforcement actions against 22 individuals and one pharmacy allegedly involved in the illegal distribution of prescription drugs.

The DEA also announced the addition of a third Tactical Diversion Squad in Florida. Based in Orlando, this new group will be responsible for investigating prescription drug diversion in Central Florida.

According to the Orlando Sentinel, this new squad was created solely to investigate the illegal use and distribution of prescription drugs in the Orlando area. Currently, the Orlando squad is investigating doctors and pharmacies, their first case involves a Winter Park pharmacy.

Howell Branch Road’s The Medicine Shoppe is under investigation. It’s pharmacist is accused of providing more than 15,000 oxycodone pills that were illegally distributed.

Coinciding with the DEA’s announcements, was the investigation of Tampa pill mills. DEA agents, and Florida state and local law enforcement executed six search warrants and served two immediate suspension orders to a doctor and a pharmacy in Tampa. Immediate suspension orders revoke authority to dispense or prescribe controlled substances.

Earlier this year, the DEA commissioned a pill mill hotline in Florida. This 24-hour pill mill tip line and e-mail address allow the public to provide information on suspicious pain clinics. Additionally, laws targeting pill mills were passed that makes it much more difficult to dispense narcotics at a clinic. However, the DEA’s raids will continue in order to eradicate Florida’s pill mill problem.

For more information on Florida pain clinics and the laws and legal matters that impact them, visit www.TheHealthLawFirm.com.

George Indest is an attorney, board certified by the Florida Bar in Health Law, who represents health care professionals and providers, including pain management clinics and pain management physicians.