Prosecuting the Prescription Provider

April 10-12, 2012 Walt Disney World Swan Resort

Learning Objectives: 1.  Differentiate between the different types of evidence

available to prove up criminal charges against doctors who over-prescribe.

2. Develop a logical and strategic plan in deciding what criminal charges are appropriate given the prescribing circumstances.

3. Devise a system that most efficiently preserves evidence in the fluid world of prescribing habits.

Disclosure Statement

•  John Niedermann has disclosed no relevant, real or apparent personal or professional financial relationships.

When Anna returned from South Carolina in 2005, she came back

really clear.

She was not taking as much medication.

PHARMACIST STEVE MAZLIN

The IV was kept in the guest bathroom in a drawer. Anna was weak and Khris would ask me where the IV was.

I saw Khris give Anna a “drip” or “serum” when Anna was very

weak.

You would find the medications on the list I

made in both the guest room and Anna’s bathroom.

MAKE: CANON MODEL: CANON EOS DIGITALREBEL XT DATE: 2006:09:21 TIME: 02:13:36

DOCTOR’S OFFICE

PATIENT RESIDENCES 30 MILES

1000 3000 18,000 1000 3000 27,800

0

5,000

10,000

15,000

20,000

25,000

30,000

2005-06 2006-07

General Physician

Pain Management Physician

Dr. Estiandan

“The Opana was 3-4 X therapeutic levels and the main contributor. Xanax was at therapeutic levels. Opana was the substantial cause of death.”

No inquiry into who the other doctors were and why so much medication at his age

(B) No person shall intentionally make, utter, or sell, or knowingly possess any of the following that is false or forged: (1)   Prescription; (2)   Uncompleted preprinted prescriptions blank used for writing a prescription; (3)   Official written order; (4)   License for a terminal distributor of dangerous drugs as required in section 4729.60 of the Revised Code; (5)   Registration certificate for a wholesale distributor of dangerous drugs as required in section 4729.60 of the Revised Code.

Constitutes a fourth or fifth degree felony.

Ohio Revised Code @ 2925.23

(a)   A person is guilty of controlled substance crime in the fifth degree and if convicted may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both if:

(2)   The person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge; (ii) using a false name or giving false credit; or (iii) falsely assuming the title of, or falsely representing any person to be a manufacturer, wholesaler, pharmacist, physician . . .

Minn. Stat. @ 152.025

A conspiracy is an agreement entered into between two or more persons with the specific intent to agree to commit a crime, followed by an overt act committed in this state by one or more of the parties

for the purpose of accomplishing the object of the agreement. Conspiracy is a crime.