Criminal Defense Attorney Analysis of Internet Pharmacy, Prescription, and Drug Law
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I previously wrote about the legal difficulties of convicting an internet pharmacy or pharmacist pre and post Ryan Haight Act. Specifically, I noted the hurdles to persuading a jury that a pharmacist knew (as required by the Controlled Substances Act) that he or she was filling illegal prescriptions beyond a reasonable doubt.
One of the ways prosecutors seek to prove [...]
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As I mentioned in my internet pharmacy criminal defense legal issues discussion, there are a number of hurdles the government must overcome to convict pharmacists for dispensing controlled substances (i.e. filling medication) without a valid prescription under The Controlled Substances Act. A pharmacist might have no idea that the prescription was a result of an online consultation without [...]
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As I reported in September, the criminal charges against an internet pharmacy, Signature Compounding Pharmacy, were dismissed with prejudice by an Albany, NY judge because of, among other things, inadequate grand jury instructions.
Now the operators of Signature Pharmacy have filed a civil rights complaint in Orange County, Florida against Albany District Attorney David Soares, assistant prosecutor Christopher P. [...]
A state judge in Albany, NY dismissed with prejudice charges against Signature Compounding Pharmacy and its executives: Chief Executive Officer Naomi Loomis, Chief Operating Officer Robert “Stan” Loomis, head pharmacist Kenneth “Mike” Loomis and business-development director Kirk Calver. The indictment alleged that Signature Pharmacy was at the center of an internet drug distribution scheme filling internet steroid prescriptions [...]
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Billy Flint East, owner of William & Mary Pharmacy, pled guilty to money laundering and the distribution of a controlled substance over the internet, allegedly filling over 5 million pills of the pain killer hydrocodone (Vicodin) with prescriptions authorized by online consultation doctors. East agreed to serve two years in prison and forfeit vehicles and cash, [...]
The US Attorney for Southern District of New York (SDNY) announced yesterday that it had reached a civil settlement with Third Avenue Pharmacy & Surgicals Inc. and its owner for $250,000 resolvingcharges that “the pharmacy filled prescriptions obtained through the Internet outside the course of a legitimate physician-patient relationship.” Specifically, the complaint, filed simulataneously with the settlement, [...]
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