Posted on Thursday, 25th September 2008 by dcooley

The DEA’s Diversion Control website provides a list of doctors convicted or with pending trials under The Controlled Substances Act.  Unfortunately, it is nowhere near exhaustive.  Moreover, the list includes offline prescription convictions.  The list, for example, also would include a local doctor who might blindly write prescriptions for his or her patients.  In fact, these offline doctors predominate the list, given the fact that online pharmacy prescription prosecutions are relatively new.

Because this website analyzes and discusses, from a criminal defense attorney’s perspective, the indictments and convictions of pharmacists, website owners, and doctors associated with internet pharmacies, it would be helpful to develop a comprehensive list of all of the indictments, convictions, and acquittals of internet pharmacy players.  In other words, we need a case status report.

Thus, below is my attempt at the case status of all federal internet pharmacy prosecutions of doctors under The Controlled Substances Act.  I have attempted to list the Doctor’s name, the online pharmacy or company associated with the physician, and, if convicted, the sentence received.  I am depending on my readers to help me fill in gaps and add doctors that I might have missed. 

As you will note from reading the list below, as far as I can tell, there are no internet pharmacy doctor acquittals (though there are a few other internet pharmacy acquittals).  I am astonished at the fact that doctors are so blindly pleading guilty, given the substantial lack of clarity in internet pharmacy law.  Though it is a risk/reward system, and the punishment can be severe.  Again, please contact me or post a comment with any errors, gaps, additions, or subtractions that you may be able to help with.

  • Dr. David Baron:  Pled guilty and received a 25 month sentence.
  • Dr. Carlos Barrera (BuyMeds/Pharmacom): Pled guilty and received 2 years probation.
  • Dr. Magaly Bethencourt (BuyMeds/Pharmacom): Pled guilty and received 2 years probation.
  • Dr. Mario Alberto Diaz (BuyMeds/Pharmacom):  Pled guilty and received a 30 month sentence.
  • Dr. Juan Oscar Gonzalez:  Pled guilty and received 2 years probation.
  • Dr. Thomas Hanny (BuyMeds/Pharmacom):  Pled guilty and received a 33 month sentence.
  • Dr. Philip Mach (Xpress Pharmacy):  Pled guilty and received a 15 month sentence.
  • Dr. Apryl Mamzette McNeil (BuyMeds/Pharmacom): Pled guilty and received a 20 month sentence.
  • Dr. Michael J. Millette:  Pled guilty and received a 41 month sentence.
  • Dr. Gerald Morris (Affpower):  Pled guilty and is to be sentenced on April 13, 2009.
  • Dr. Absylom Kwabena Nyamekye (BuyMeds/Pharmacom):  Pled guilty and received a 20 month sentence.
  • Dr. Subramanya K. Prasad (Affpower):  Pled guilty on September 19, 2007 (sentence unknown).
  • Dr. Edward T. Schwab:  Pled guilty and received a 22 month sentence.
  • Dr. Chandresh Shah (Affpower):  Pled guilty and is to be sentenced on April 20, 2009.
  • Dr. Roselyn Joann Rice (BuyMeds/Pharmacom): Pled guilty and received a 26 month sentence.
  • Dr. Porfirio Orta-Rosario (YourOnlineDoctor):  Indicted on July 18, 2007 (status unknown).
  • Dr. Christoper Otiko (YourOnlineDoctor):  Indicted on July 18, 2007 (status unknown).
  • Dr. Wilbur D. Hilst (Red Mesa Pharmacy): Pled guilty and received a 33 month sentence.
  • Dr. Stephen Thompson (Main Street/Friendly Pharmacy): Pled guilty (sentence unknown).
  • Dr. Robert Ogle (Main Street/Friendly Pharmacy/Associated with Ryan Haight Case): Pled guilty (sentence unknown).
  • Dr. Kenneth Speak (Main Street/Friendly Pharmacy):  Pled guilty and received 4 years probation.
  • Dr. Everett Echols:  Indicted February 8, 2007 (status unknown).
  • Dr. Hannibal Edwards:  Indicted February 8, 2007 (status unknown).
  • Dr. Stephen L. Ancier (Medical Web Services):  Indicted August 2008.
  • Dr. Felix Rodriguez-Schmidt (Medical Web Services):  Indicted August 2008.
  • Dr. Alexis Roman-Torres (Medical Web Services):  Indicted August 2008.
  • Dr. Kimberly Trever (Medical Web Services):  Indicted August 2008.
  • Dr. Ranvir Ahlawat  (RxMedicalOne): Indicted August/September 2006 (status unknown).
  • Dr. Steven Klinman (RxMedicalOne):  Pled guilty (sentence unknown).
  • Dr. Armando Angulo (BuyMeds):  Indicted 2007 (status unknown).
  • Dr. Peter Lopez (BuyMeds):  Pled guilty (awaiting sentencing).
  • Dr. Roger D. Eiland:  Indicted July 2000 (status unknown).
  • Dr. Christopher Tobin (JIVE):  Indicted May 2008.
  • Dr. Akhil Baranwal (JIVE):  Indicted May 2008.
  • Dr. Andrew DeSonia (JIVE):  Indicted May 2008.
  • Dr. Margaret Fulmore (McIntosh) (JIVE):  Indicted May 2008.
  • Dr. Abel Lau (JIVE):  Indicted May 2008.
  • Dr. James Pickens (JIVE):  Indicted May 2008.
  • Dr. Akhil Bansal:  Found guilty and received 30 year sentence.
  • Dr. Joze Mercado Francis:  Pled guilty January 2008 (sentence unknown).
  • Dr. Juan Ibanez:  Indicted December 2007 (sentence unknown).
  • Dr. Rene Guerra:  Pled guilty on July 14, 2006 (sentence unknown).
  • Dr. Jose Crespin:  Pled guilty on November 12, 2006 (sentence unknown).

The content on this post does not constitute legal advice and is for informational purposes only.  You should not act upon the information presented on this website without seeking the advice of legal counsel.  Should you wish to speak to an experienced criminal defense attorney knowledgeable in internet pharmacy, prescription, and drug law, please feel free to contact me directly.

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Posted in Court Cases, DEA, Direct "Script", Doctors, Online Consultations, Pharmacies, Website Owners | Comments (7)

7 Responses to “Internet Pharmacy Doctor Federal Indictments, Convictions, and Acquittals”

  1. InternetDrugLaw.com » Ryan Haight Act: Overlooking Current Internet Pharmacy Prosecutions Says:

    [...] (DOJ) are indicting, prosecuting, and successfully convicting online pharmacy website owners, doctors, and pharmacists without the benefit of the Ryan Haight [...]

  2. InternetDrugLaw.com » More On Ryan Haight Online Pharmacy Consumer Act Says:

    [...] This is simply not the case.  One need not look any further than my comprehensive list of doctor convictions (there are many convictions that resulted in over 2.5 years of prison time).  Furthermore, I am [...]

  3. InternetDrugLaw.com » Further Evidence for Pre Ryan Haight Act Federal Criminal Defendants Says:

    [...] Haight Amendments).  In short, if the Ryan Haight Act attempts to outlaw prescriptions issued by doctors without a physical evaluation via online pharmacies (not falling within the telemedicine [...]

  4. InternetDrugLaw.com » Ryan Haight Act Effective Date: The Internet Pharmacy Indictment Waiting Game? Says:

    [...] defense lawyer is the fact that the DOJ and DEA have been investigating, indicting, and prosecuting doctors, pharmacists, and internet pharmacy owners and affiliates for very acts that the Ryan Haight Act [...]

  5. InternetDrugLaw.com » Doctor Pleads Guilty to Distribution of Prescription Drugs via Internet Pharmacy Says:

    [...] still amazes me how individuals plea so quickly (Juan Ibanez was indicted in December 2007) when faced with a prosecutor’s pre Ryan Haight Act legal theories which, [...]

  6. InternetDrugLaw.com » Ryan Haight Act and Internet Pharmacy Law Criminal Defense Articles Says:

    [...] Federal Indictments of Internet Pharmacy Doctors:  A detailed status outline of doctors indicted for connections to online pharmacies. [...]

  7. InternetDrugLaw.com » Criminal Defense Attorney Article Library on Internet Pharmacy Law Says:

    [...] Federal Internet Pharmacy Indictment Doctor List [...]