Criminal Defense Attorney Analysis of Internet Pharmacy, Prescription, and Drug Law

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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 […]

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, […]

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 […]

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 professional […]

In March 2010, the FDA released a report warning users of the potentially “fraudulent” practices associated with internet pharmacies selling medication for pets, such as heartworm preventatives and nonsteroidal anti-inflammatory drugs (NSAIDs).  Specifically, the report warns that numerous veterinary internet pharmacies are selling expired or counterfeit drugs and selling drugs without a prescription.  The report […]

Sorry for my absence.  I have been extremly busy over the last few weeks.  There have been numerous internet pharmacy law developments over the last month as well.  I intend to begin posting articles again on a regular basis this week.

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 […]

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 […]

Kansas pharmacist, Rick Kloxin, pled no contest to 14 misdemeanor counts in the Hogan’s Pharmacy internet pharmacy case.  Kloxin was the lead pharmacist at Hogan’s Pharmacy and plans to cooperate in the prosecution of Jolane and Mark Poindexter, the owners of Hogan’s.  In March, Kloxin lost his license and was fined $62,000.  A discussion of the […]

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 […]