Two Florida Doctors Convicted of Money Laundering Stemming from Pill Mill Operation in Broward and Palm Beach Counties

1 Indest-2008-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Two South Florida doctors faced life in prison and fines up to $2 million each because nine (9) of their patients allegedly died of drug overdoses, according to the Drug Enforcement Administration (DEA). However, on July 30, 2013, a jury acquitted Cynthia Cadet, M.D., and Joseph Castronuovo, M.D., of causing the deaths of their patients. The doctors were convicted of money laundering for their role in a conspiracy involving the chain of pain clinics they worked at, according to the DEA. The doctors still face up to ten (10) years in jail for the money laundering charges, as well as forfeiture of the money made while working at the clinics. Sentencing for the doctors is set for November 4, 2013, according to the DEA.

Click here to read the press release from the DEA.

The two doctors were arrested as part of a four (4) year operation targeting a string of South Florida pain clinics. The operation, also known as “Oxy Alley,” resulted in racketeering charges against 32 people in 2010.

Defense Attorneys Argued Doctors Appropriately Examined and Diagnosed Patients.

In the case against the two doctors, prosecutors depicted the pain management clinics where the two doctors worked to be pill mills for addicts. According to an article on Reuters, prosecutors stated that addicts and distributors would come from all over the country and pay cash to be prescribed hundreds of prescription pills at a time.

Defense attorneys argued both doctors were unaware of the conspiracy and were practicing medicine in line with state standards, which allows licensed physicians to distribute opioid pain pills without fear of punishment. An expert on pain management testified that specifically Dr. Cadet’s files showed no evidence of misconduct

According to Reuters, the two clinics where the doctors worked disbursed more than 20 million oxycodone tablets between 2008 and 2010.

To read the entire article from Reuters, click here.

Legal Tips to Manage Pain Patients.

I have represented a number of physicians who have been accused of “overprescribing.” Some of these were criminal investigations by local law enforcement authorities, such as a county sheriff’s office. Some were investigations by the DEA. Some were investigations by the state licensing agency such as the Florida Department of Health (DOH).

In several cases the investigation began when the patient died of a drug overdose (in several of these cases it was unclear whether it was a suicide by the patient or an accidental overdose). In each of these cases, there was an angry, upset family member who blamed the physicians for the patient’s death. In each case, the physician I represented had no idea what the patient was going to do.

Anytime there is a death that may have been drug related, local law enforcement authorities will usually do a thorough investigation and will usually seize any prescription medications for the patient that they can find. This may result in the prescribing physician becoming the target of a homicide investigation.

To read a previous blog listing some ideas on how physicians might protect themselves from drug-seeking patients, click here.

Florida Ranks Eleventh in Nation for Prescription Drug Abuse Deaths.

Despite the aggressive “war on prescription drugs,” the stings on pill mills and Florida’s prescription drug monitoring program, the Sunshine State reportedly ranks eleventh highest nationally in drug overdose deaths. According to an article in the Orlando Sentinel, in 1999, the number of drug-overdose deaths, most from prescription drugs, was 6.4 deaths per 100,000 Florida residents. In 2013, that number is reportedly 16.4 deaths per 100,000 Florida residents.

According to the Orlando Sentinel, states were ranked by investigating ten (10) different strategies that appear effective in curbing prescription drug abuse. Florida was found to be using seven (7) of the ten (10) strategies. The article did not list the strategies that were reviewed.

Click here to read the entire article from the Orlando Sentinel.

Contact Health Law Attorneys Experienced with DEA Cases.

The attorneys of The Health Law Firm are experienced in handling DEA cases. If you are currently being investigated or facing other adverse action by the DEA contact one of our attorneys by calling (407) 331-6620 or (850) 439-1001. You can also visit our website for more information at www.TheHealthLawFirm.com.

Comments?

Do you think Florida’s war on prescription drug abuse is working? Please leave any thoughtful comments below.

Sources:

Jameson, Marni. “Florida Ranks 11th in Nation for Prescription-Drug Abuse Death.” Orlando Sentinel. (October 10, 2013). From: http://www.orlandosentinel.com/features/blogs/vital-signs/os-prescription-drug-abuse-florida,0,2078034.post

Drug Enforcement Administration. “Jury Convicts Two Doctors of Conspiracy to Commit Money Laundering Resulting from Pill Mill Operation in Broward and Palm Beach Counties.” Drug Enforcement Administration. (August 1, 2013). From: http://www.justice.gov/dea/divisions/mia/2013/mia080113a.shtml

Fagenson, Zachary. “Florida Pain Doctors Convicted of Money Laundering.” Reuters. (July 30, 2013). From: http://www.reuters.com/article/2013/07/31/us-florida-pillmills-doctors-idUSBRE96U01D20130731

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.

“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.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Central Florida Doctor’s Home and Offices Raided Over Alleged Improper Prescribing Practices

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In a joint operation, law enforcement officials raided the home and two offices of a Central Florida physician on November 8, 2013, according to the Osceola County Sheriff’s Office. The Osceola County Sheriff’s Office alleges that the doctor is being investigated for improper prescribing practices. According to the press release, this is not the first time the physician has been under investigation.

The raid was a collective effort between the Osceola County Investigative Bureau (OCIB), Florida Department of Health (DOH), Drug Enforcement Administration (DEA), Florida Department of Law Enforcement (FDLE), and the Metropolitan Bureau of Investigation (MBI).

Physician Not Arrested After Raid.

On November 8, 2013, law enforcement agents searched the physician’s home and his offices in Kissimmee, Florida and Orlando, Florida. The Florida DOH also issued an emergency order restricting the doctor’s privilege to prescribe narcotics. The physician was not arrested.

The physician was allegedly the target of two separate Florida DOH complaints in June 2013. Both complaints alleged the physician wrote prescriptions for painkillers to patients who did not have a medical need for the drugs. Click here to read the two previous complaints.

Doctor Previously Blacklisted by CVS.

According to an Orlando Sentinel article, this physician was previously placed on a CVS document referred to as the “blacklist.” This list identifies Central Florida’s top physicians prescribing oxycodone. When the list was released, the pharmacy chain notified the physicians that CVS pharmacists would no longer fill their patients’ prescriptions. This blacklist was an effort by CVS to step up internal efforts to combat the nation’s prescription drug abuse epidemic. So far, CVS has released two blacklists, one was released in November 2011, and the second list was released in August 2013. You can read more about the two lists on our blog. Click here for part one, and click here for part two.

To read the Orlando Sentinel article, click here.

Florida Losing War on Prescription Drug Abuse.

Despite the aggressive “war on prescription drugs” the Sunshine State reportedly ranks eleventh highest nationally in drug overdose deaths.

I have represented a number of physicians who have been accused of “overprescribing.” Some of these were criminal investigations by local law enforcement authorities, such as a county sheriff’s office. Some were investigations by the DEA. Some were investigations by the state licensing agency such as the Florida DOH. To read a previous blog, “Legal Tips for Physicians to Manage Pain Patients,” click here.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid 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.

Comments?

Do you think Florida’s war on prescription drug abuse is working? Please leave any thoughtful comments below.

Sources:

Lizasuain, Twis. “Dr. Ibem Borges Investigated for Over Prescribing Drugs.” Osceola County Sheriff’s Public and Medica Relations. (November 8, 2013).

Pavuk, Amy. “Agents Raid Home, Offices of Central Florida Physician Suspected of Improper Prescribing Practices.” Orlando Sentinel. (November 8, 2013). From: http://www.orlandosentinel.com/news/local/breakingnews/os-doctor-ibem-borges-raid-20131108,0,735835.story

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.

“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.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

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