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

Category: Pharmacies

After pleading guilty to conspiracy to distribute controlled substances, Steven Rosner was sentenced to 33 months by a Judge in the Northern District of Texas for his role in an internet pharmacy operation.  According to the original 201 count indictment, Rosner operated offerpills.com and clickonmed.net to facilitate the distribution of controlled substances, paid doctors Arceli […]

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 […]

Internet pharmacy owners Steven Abiodun Sodipo and Onigbo Nwaehiri were both sentenced to five years imprisonment by a Maryland District Court Judge earlier last month for their role in selling 9,936,075 hydrocodone (Vicodin) prescription pills online.  Both were pharmacists and owners of NewCare Pharmacy in Baltimore, Maryland.  Additionally, both were ordered to pay $11,870,119.39.  To satisfy […]

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 […]

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. […]

The FDA (Food and Drug Administration) issued a warning on Monday to consumers of weight loss pills purchased online.  Specifically, it warned that over 25 different diet pills marketed as “herbal” products actually contain undeclared pharmaceutical ingredients, in violation of the FDA guidelines.  The “tainted” weight loss products containing the alleged active pharmaceutical ingredients include: “2 […]

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 […]