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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Criminal Defense
Yesterday, I wrote about the recent lawsuit filed by Google against certain internet pharmacy advertisers. In the lawsuit, Google alleges breach of contract against Omar Jackman, John Doe “Simon” and John Does 2-50.
Specifically, Google alleges that Jackman registered the domain name 4rx-online.com and opened a Google AdWords account to run advertisements for his website, John [...]
In late September, Google filed a federal lawsuit, the first of its kind, against a number of “rogue” internet pharmacy advertisers and affiliates that Google claimed violated its Google Adwords policies. Specifically, the lawsuit, against 50 unnamed “John and Jane Doe” Defendants, alleges that the Defendants circumvented Google’s Adwords restrictions, which require any advertising online [...]
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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 [...]
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 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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