On October 20, 2010, Dr. Enrique Rivera Mass pled guilty in the U.S. District Court of North Dakota to an Information alleging conspiracy to distribute a controlled substance via various online pharmacies. Specifically, as part of the Plea Agreement, Dr. Rivera Mass acknowledged prescribing “at least 108,084 dosage units of a Schedule III controlled substance” and [...]
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Controlled Substances
Dr. Charles McCool, a Pennsylvania doctor, was charged in Pennsylvania state court for prescribing controlled substances via an internet pharmacy to patients without a prior physical examination. Specifically, McCool was charged with one count of “unlawfully administering/dispensing/delivery of a controlled substance by a practitioner unless done in good faith in the course of his [...]
The Government rested on May 27, 2009 in the AffPower Internet pharmacy case, unique for its longevity as well as the attempted prosecution of online pharmacy affiliates along with the traditional players. A general review of the respective Motions for Judgment of Acquittal by many of the Defendants indicates that the Government, among other things, neglected to call [...]
Many federal circuits permit a good faith jury instruction in cases in which doctors are prosecuted under the Controlled Substances Act. Internet pharmacy law cases involving doctors are no different. Below is an illustrative case:
U.S. v. Hurwitz, 459 F.3d 463 (2006): The Fourth Circuit Court of Appeals reversed Dr. William E. Hurtwitz’s conviction due to the [...]
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 development of Internet pharmacy law is really only in its infancy. This may come as a surprise to those who have witnessed numerous pre Ryan Haight Act prosecutions over the last five years. While there have been many indictments, convictions, mistrials and acquittals in the past few years, Appellate Courts have yet to render decisions on some of [...]
