Torino Jennings, a Virgnia doctor, faces Internet pharmacy charges in a Boston District Court. A felony Information was filed on May 28, 2009 charging Jennings with seven (7) counts of allegedly introducing a misbranded drug into interstate commerce in violation of the Federal Food, Drug and Cosmetic Act and four (4) counts of tax fraud for [...]
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Motion to Dismiss
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 [...]
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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Criminal defense attorneys in various federal internet pharmacy trials have recently, though unsuccessfully, sought to dismiss federal indictments (via Federal Rule of Criminal Procedure 12b) utilizing somewhat similar arguments to the ones posited here, including the argument that the passage of the Ryan Haight Act indicates that pre-Ryan Haight Act law did not outlaw online consultations with extensive [...]
The fact that the DEA can still say with a straight face that internet pharmacy online consultation services under federal law are illegal prior to the effective date of the Ryan Haight Act simply amazes me. Of course, when individuals are pleading guilty right and left, what they believe really doesn’t matter. Both prior to and [...]
Since I have written quite a bit more on internet pharmacy law and strategy related to the Ryan Haight Act and criminal defense law after my last outline, I figured I would update it and attempt to present it in a more organized fashion. Below please find a catalogue of some of my most popular articles [...]
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