The judge in U.S. v. Hernandez (06-600027), a federal internet pharmacy trial in Florida (in its eighth week), has declared a mistrial, after numerous jurors admitted to doing their own internet research via their handheld phones during deliberations. The jury was leaning towards an acquittal. This trial has certainly had its share of distractions. Only a few weeks prior to […]
Category: Online Consultations
Ohio pharmacist Gary A. Evankovich was indicted for his alleged involvement with an internet pharmacy by a Mahoning County grand jury on 24 counts of “reckless retail sale of drug[s].” The drug sales allegedly originated from the internet, and the prescriptions were signed by a New York doctor. Prosecuting Attorney Robert Bush stated that Evankovich “illegally filled prescriptions […]
The St. Petersberg Times reports that Florida doctor Juan Ibanez was sentenced to four years yesterday for his association with an internet pharmacy organization (foxfamilymeds.com, medsforpain.com, prescriptiondrugplanet.com, sunshinefamilymeds.com and online-scripts.com) which distributed “more than 50 million hydrocodone pills” nationwide. Between 2003-2007, the online pharmacy grossed more than $85 million from its sales of Vicodin. Doctors did not perform face […]
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 […]
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 […]
