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

Category: Website Owners (Page 3)

The DEA’s argument that online consultation services (”OCS”) are illegal under The Controlled Substances Act requires a four step analysis. The Controlled Substances Act, 21 U.S.C. 801-971, outlaws the distribution of controlled substances without a valid prescription; The Code of Federal Regulations, 21 C.F.R. 1306.04(a), states that, for a prescription to be valid, it must be issued for a […]

This is the first in a series of posts outlining the major legal issues associated with internet pharmacy prosecutions.  Today, I will be outlining the typical federal distribution of a controlled substance case against online pharmacies, pharmacists, doctors, and prescription website owners (online consultation and direct prescription services, as well as no record pharmacies).  Note […]

Billy Flint East, owner of William & Mary Pharmacy, pled guilty to money laundering and the distribution of a controlled substance over the internet, allegedly filling over 5 million pills of the pain killer hydrocodone (Vicodin) with prescriptions authorized by online consultation doctors.  East agreed to serve two years in prison and forfeit vehicles and cash, […]

Tim Knettler writes an interesting article over at entitled “The Perils of Internet Prescribing.”  The article mainly focuses on weeding out the safe, legit pharmacies from the bad and specifically mentions the “Ryan Haight Act.”  This proposed legislation, currently introduced in Congress, would require a physical examination (or, as Mr. Knettler puts it, a doctor-patient relationship) […]

The US Attorney for Southern District of New York (SDNY) announced yesterday that it had reached a civil settlement with Third Avenue Pharmacy & Surgicals Inc. and its owner for $250,000 resolvingcharges that “the pharmacy filled prescriptions obtained through the Internet outside the course of a legitimate physician-patient relationship.”  Specifically, the complaint, filed simulataneously with the settlement, […]

As I have mentioned before, there are a variety of internet pharmacy website business models.  All of them, of course, have in common the fact that they sell or market prescription drugs or the ability to obtain prescription drugs on the internet.  The business models typically vary based on their prescription and/or medical record requirements and […]’s blog (which I highly recommend) wonders what happens to the domain name of an internet pharmacy website once the owner is convicted.  They noticed that the convicted owner of, Orlando Birbragher who pled guilty on August 4, 2008, still owns the domain name. I admittedly have not seen the indictment or Mr. Birbragher’s plea deal, but, […]

Douglas W. Bouchey, along with three others, plead guilty to distributing 12 million narcotic pills over the internet while in Dubuque, IA in 2003.  According to the Morning Sun: During Bouchey’s plea hearing, he admitted he was a pharmacist employed by a Dubuque, Iowa pharmacy that contracted with Pharmacon to fill Internet drug orders placed […]

A recently published Mayo Clinic study compared the safety of ordering prescription medications online versus the traditional physician consultation method.  An analysis of most safety variables revealed that the safety of online pharmacies outperformed that of the traditional physical presence consultation method.  Specifically, the study found that: Product Information was provided to online patients 100% […]

On August 19, 2008, the U.S. Attorney’s Office for the Western District of Washington announced that Kathleen Gain of Auburn, Washington entered a guilty plea in which she admitted to operating and/or working for what looks like four quasi-online consultation service pharmacy websites (OCS).  The press release stated: Court documents indicate that during 2007 through early 2008, GAIN worked for multiple […]