A federal district court unsealed a 198 count indictment of several individuals associated with an Alabama compounding pharmacy (Applied Pharmacy Services, Inc.) and extensive steroid distribution network alleged to have dispensed anabolic steroids between 2003-2006 “outside the usual course of professional practice.” Those indicted include A. Samuel Kelley II, Jason R. Kelley, Jodi C. Silvio, J. Michael Bennett, Robin K. Kelly, J. Mallory Mallon, Roger A. Everett, Brett W. Branch, Ronald E. Winter, James A. Abernathy, Daniel C. Riedel and Jesse S. Haggard. The government seeks forfeiture of $4 million in proceeds from the pharmacy’s sales. According to the New York Daily News, a DEA raid of Applied Pharmacy Services found records indicating several famous athletes had obtained performance enhancing drugs from the pharmacy.
Applied Pharmacy Services (APS) is alleged to have compounded, dispensed and sold anabolic steroids (including veterinary steroids unapproved for human use) to a network of both doctors and steroid users. APS also allegedly sent steroid orders directly to “gyms, health clubs, and workout facilities throughout the United States.” The doctors did not have bonafide physician-patient relationships with their steroid customers, according to the indictment. Most doctors neither saw their customers nor were they aware of their medical histories.
This is not your typical internet pharmacy law case; however, the internet was allegedly used to recruit new steroid customers. While the facts appear complex, the essential facts alleged are that steroid dealers utilized the internet, advertisements, and workout facilities to contact steroid users. The dealers negotiated prearranged fees with doctors for the issuance of steroid prescriptions and, thus, obtained prescriptions for steroid users for an elevated fee. The prescriptions were then filled by pharmacists at Applied Pharmacy Services, Inc. in Mobile, Alabama. Thus, your typical internet pharmacy criminal defense legal theories associated with the Controlled Substances Act and the Ryan Haight Act appear to be inapplicable. However, given its use of the internet, I plan to share my criminal defense opinions about the case as it progresses.
The content on this post does not constitute legal advice and is for informational purposes only. You should not act upon the information presented on this website without seeking the advice of legal counsel. Should you wish to speak to an experienced criminal defense attorney knowledgeable in internet pharmacy, prescription, and drug law, please feel free to contact me directly.