I previously wondered whether the government would indict individuals involved in internet pharmacy operations after the passage of the Ryan Haight Act but before its 2009 effective date. I now have my answer. David A. Vogel, Jonathan Vogel and Carrie Demers were indicted in the U.S. District Court for East Texas for their alleged involvement in […]
Category: DEA
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 […]
I dicussed this internet pharmacy quote yesterday, but I wanted to emphasize it today in a seperate article. Dianne Feinstein, the Ryan Haight Bill sponsor in the Senate, was quoted in the Wall Street Journal yesterday regarding why the Ryan Haight Act was needed: Regulators say the new law is intended in part to strengthen […]
I previously wrote in my internet pharmacy criminal defense strategies article that the Ryan Haight Act, somewhat counter-intuitively, provides a potential defense for criminal defendants in online pharmacy and internet prescription prosecutions commenced prior to the effective date of the Act. To summarize, I noted that it is illogical for the DEA and DOJ to argue […]
The U.S. Attorney for the District of Utah today announced the indictment of 18 individuals under The Controlled Substances Act for activities connected with two online pharmacies (lighthousemeds.com and federalmeds.com). Specifically, the press release and indictment allege violations of The Controlled Substances Act for the following reasons: some customers could purchase drugs from an online pharmacy without […]
With the focus on the Ryan Haight Act, I imagine many are wondering when the Act becomes effective should the President sign it (which he will). Note, however, that the Drug Enforcement Agency (DEA) would view that date as irrelevant. The DEA and Department of Justice (DOJ) are indicting, prosecuting, and successfully convicting online pharmacy website owners, doctors, and pharmacists […]
The amended version passed by the House on September 23, 2008 has now passed the Senate. All that is left is the President’s signature. I have summarized and linked previous discussion on the Act and its effect on online pharmacy prescriptions below: Detailed Criminal Defense Analysis of Ryan Haight Act Pharmacy Association Erroneously Favors the Ryan Haight Act House […]
The Ryan Haight Act (also known as The Ryan Haight Online Pharmacy Protection Act) is making its way through Congress on its way to the President’s desk. Almost unanimous congressional support exists for the Bill, and President Bush has previously declared his support for it in his March 2008 radio address. Thus, barring unexpected circumstances (a financial […]
The DEA’s Diversion Control website provides a list of doctors convicted or with pending trials under The Controlled Substances Act. Unfortunately, it is nowhere near exhaustive. Moreover, the list includes offline prescription convictions. The list, for example, also would include a local doctor who might blindly write prescriptions for his or her patients. In fact, […]
Michael A. Flynn, D.O, of Pennsylvania, pled guilty to conspiracy to distribute controlled substances via a number of internet pharmacy websites. According to the DOJ’s press release, from January 1, 2007 through July 11, 2007: Flynn, as a doctor of Osteopathic Medicine, conspired and agreed with Internet website owners, pharmacy owners and others to sell […]
