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

U.S. v. Hernandez: Judge Grants Motion to Dismiss in Internet Pharmacy Case

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 previously noted, the judge permitted defendants Emmanuel Antonio, Theophilos Antoniou, Eva Global, Inc., and Tropic Spiral Systems, Inc. to withdraw their guilty pleas.  Their charges were dismissed as well.

The Government moved to dismiss after Judge Zloch refused to sentence Emmanuel Antonio and Theophilos Antoniou.  Specifically, the judge questioned whether their alleged conduct was indeed illegal.

This is great news.  Finally, a court has implicitly accepted the “Ryan Haight Act criminal defense argument” that I have long been advocating.

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 lawyer knowledgeable in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me directly.

Category: Court Cases