From the monthly archives:

April 2009

Ryan Haight Effective Date: April 13, 2009

by dcooley on April 14, 2009

Yesterday was the effective date for a majority of the provisions in the Ryan Haight Act (Ryan Haight Online Pharmacy Consumer Protection Act).  It is now part of the Controlled Substances Act.  Also effective yesterday was the interim Ryan Haight Act rule promulgated by the DEA, which I have argued does nothing but make internet [...]

The AffPower network Internet pharmacy trial began this week in the Southern District of California for the remaining AffPower defendants Dolores Lovin, Mary Aronson, Richard Edward Koch, Philip James Bidwell, Jeffrey A. Light, Tracy ONeal Tyler and Peter P. Bragansa.  This case is unique in that the Government seeks to prosecute Internet pharmacy affiliates as well as [...]

The final rule on the “Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act” (aka Ryan Haight Act) was published in the Federal Register Monday by the DEA and DOJ. It can be found here. It draws some interesting conclusions with respect to internet pharmacy law, and the new regulations only serve to increase already existing legal ambiguity.

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On Saturday, I noted that the Government moved to dismiss the federal indictment against the remaining internet pharmacy defendants in U.S. v. Hernandez (Dr. Hannibal Edwards, Lawrence Pinkoff, Serge Francois, pharmacy Concept RX, Frank Hernandez and Lifeline Pharmacy, Inc.).  Today, Judge Zloch of the Southern District of Florida granted the Government’s Motion to Dismiss.  Additionally, as I [...]

JIVE Internet Pharmacy Trial Begins

by dcooley on April 4, 2009

The JIVE internet pharmacy trial commenced last Monday in Orlando, FL.  Of the original defendants, only Jude LaCour, Christopher Tobin, Akhil Baranwal, James Pickens and Geunnet Chebssi remain.  Jude LaCour is representing himself.  Jeffrey Lacour, Hudsen Smith, Alexis Roman Torres, Andrew Desonia, Margaret McIntosh and Abel Lau have all pled guilty.
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Recall that last month the Judge in the U.S. v. Hernandez internet pharmacy trial declared a mistrial after numerous jurors admitted to doing their own independent research during jury deliberations.  This occurred after the Judge previously dismissed defendants Steve Marhee, Edgar Cruz, Thomas Walker and Everett Echols, M.D. with prejudice after the prosecution commented in closing arguments [...]

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