Eppinger Indictment

7/28/2019 Eppinger Indictment

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UNITED STATES OF AMERICA,

Plaintiff,v.

LOUIS EPPINGER,PATRICIA AR NOLD,BRITTANY N. GLASS,ANTHONY H. PERRY, aka CHOPS,ELIZABETH DAVIS, aka MIRA,JUDY L. BURROW S,JAMES BYRGE,

Defendants.

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF OHNE:2EASTERN DIVISION

))))))))))))))))

CASE N2111.S7C.4821 U.S.C. 841(a)(1), (b)(1)(C);21 U.S.C. 843(b);18 U.S.C. 1347;18 U.S.C. 1028A

INDICT M'

JUDG VULS

'3 :;FCO

The Grand Jury charges:COUNT 1

(Conspiracy to Possess with Intent to Distribute Oxycodone,21 U.S.C. 846, 841(a)(1), (b)(1)(C))

Beginning at least as early as January 2011, and continuing through January 2012, theexact dates to the Grand Jury unknown, in the Northern District of Ohio, Eastern Division, andelsewhere, LOUIS EPPINGER, PATRICIA ARNOLD, BRITTANY N. GLASS, ANTHONY H.PERRY, aka CHOPS, ELIZABETH DAVIS, aka MIRA, JUDY L. BURROWS, and JAMESBYRGE, the defendants herein, and others unknown to the Grand Jury, did unlawfully,knowingly, and intentionally, combine, conspire, confederate, and agree together and w ith eachother, and with diverse others known and unknown to the Grand Jury, to possess with the intentto distribute and to distribute oxycodone, a Schedule II controlled substance, specificallyOxycontin and Percocet, in violation of Title 21, United States Code, Sections 841(a)(1) and(b)(1)(C).

Case: 1:12-cr-00134-LW Doc #: 1 Filed: 03/13/12 1 of 38. PageID #: 1


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MANNER AND MEANS OF THE CONSPIRACYA. It was part of the conspiracy that LOUIS EPPINGER obtained blank prescription

paper from unknown sources.B. It was further part of the conspiracy that LOUIS EPPINGER obtained the DEA (Drug

Enforcement Administration) numbers for various physicians located within the NorthernDistrict of Ohio for purposes of successfully passing fraudulent prescriptions and obtainingOxycontin and/or Percocet, each of which contain oxycodone. A DEA number of a physician isrequired in order for a Schedule II controlled substance prescription, such as Oxycontin andPercocet, to be filled.

C. It was further part of the conspiracy that LOUIS E PPING ER fraudulently obtained theidentifying information of actual individuals for use in passing the fraudulent prescriptions.

D. It was further part of the conspiracy that LOU IS EPPIN GER fraudulently obtained thehealth insurance and/or Medicaid information of various individuals for use in paying for

fraudulent prescriptions for Oxycon tin and/or Percocet.E. It was further part of the conspiracy that LOUIS EPPINGER provided blank

prescription paper to PATRICIA ARNOLD, who forged fraudulent prescriptions for Oxycontinand/or Percocet on the blank prescription paper, using illicitly obtained DEA numbers ofphysicians. Prescriptions were typically forged by filling in an issuing physician's name, aparticular drug, an amount of drug to be dispensed, and instructions for taking the drug, such as"p.r.n. (as needed)."

F. It was further part of the conspiracy that after PATRICIA ARNOLD forged theOxycontin and/or Percocet prescriptions, LOUIS EPPINGER provided the forged prescriptions

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to various individuals to "walk" or attempt to pass at pharmacies located in the Northern Districtof Ohio.

G. It was further part of the conspiracy that LOUIS EPPINGER provided forgedprescriptions for Oxycontin and/or Percocet to BRITTANY N. GLASS, ANTHONY H. PERRY,aka CHOPS, ELIZABETH DAVIS, aka MIRA, and others unknown to the Grand Jury.

H. It was further part of the conspiracy that BRITTANY N. GLASS, ANTHONY H.PERRY, ELIZABETH DAVIS, and others unknown to the Grand Jury passed the fraudulentprescriptions provided by LOUIS EPPINGER at various pharmacies within the Northern Districtof Ohio in order to obtain Oxycontin and/or Percocet pills.

I. It was further part of the conspiracy that after BRITTANY N. GLASS, ANTHONY H.PERRY, ELIZABETH DAVIS, and others unknown to the Grand Jury passed the fraudulentprescriptions, they provided the Oxycontin and/or Percocet received to LOU IS EPPIN GER , whopaid them for passing the fraudulent prescriptions.

J. It was further part of the conspiracy that after LOUIS EPPINGER obtained theOxycontin and/or Percocet pills from BRITTANY N. GLASS, ANTHONY H. PERRY,ELIZABETH DAVIS, and others unknown to the Grand Jury, he either sold the pills or providedthe pills on consignment ("front") to JUDY BURROWS, JAMES BYRGE and others unknownto the Grand Jury.

K. It was further part of the conspiracy that JUDY BURROWS, JAMES BYRGE, andothers unknown to the Grand Jury then re-distributed or sold the Oxycontin and/or Percocet toother customers.

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OVERT ACTSIn furtherance thereof, and to effect the objectives of the conspiracy, the defendants and

others performed overt acts not limited to the following acts in the Northern District of Ohio andelsewhere.

1. On January 11, 2011, at approximately 5:09 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to befilled at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly writtenby D r. D.C. for patient A.L..

2. On March 17, 2011, at approximately 6:53 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to befilled at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly writtenby D r. D.C. for patient A.L..

3. On June 10, 2011, at approximately 6:47 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for Percocet, 90 count, to be filled at the CVSPharmacy located at 10022 Madison Avenue, Cleveland, Ohio, purportedly written by Dr. C.R.for patient R.W .

4. On June 15, 2011, at approximately 7:01 p.m., ELIZABETH DAVIS caused afraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be filled at the CVSPharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly written by Dr. C.R. forpatient Elizabeth Davis.

5. On June 30, 2011, at approximately 8:14 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be

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filled at the CVS Pharmacy located at 6005 SOM Center Road, Willoughby, Ohio, purportedlywritten by Dr. C.R. for patient A.L.

6. On July 13, 2011, at approximately 5:59 p.m., LOUIS EPPINGER had a conversationwith S.M. (identified, but not indicted), wherein he told S.M. that he was attempting to have the"papers (blank prescription paper)" signed.

7. On July 13, 2011, at approximately 6:51 p.m., LOUIS EPPINGER had a conversationwith JUDY BURROWS. During this conversation, BURROWS told EPPINGER, "I got enoughfor 25 (pills). I have 500, I have 500 dollars I owe." EPPINGER replied that he would be therein five minutes. BURROWS further explained to EPPINGER, "I don't want to keep meeting upyou know every other day at the gas station, and them getting suspicious, you know."EPPINGER then questioned BURROWS about who was in her home. BURROWS replied thather dude and her kids were there.

8. On July 13, 2011, at approximately 6:54 p.m., ELIZABETH DAVIS caused afraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be filled at the CVSPharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly written by Dr. C.R. forpatient Elizabeth Davis.

9. On July 13, 2011, at approximately 8:12 p.m., LOUIS EPPINGER had a conversationwith ELIZABETH DAVIS, while DAVIS was inside of a pharmacy. During this conversation,EPPINGER informed DAVIS that there was a policeman in the store. EPPINGER instructedDAVIS that after she left the store she should go to the gas station next door. EPPINGER toldDAVIS, "I'm just letting you know he's watching you as he's walking, you hear me?" Duringthis conversation between EPPINGER and DAVIS, a policeman was heard approaching DAVIS,

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asking for identification and inquiring about whether DAVIS was by herself or with someoneelse. DAVIS responded that she was by herself.

10. On July 13, 2011, at approximately 8:22 p.m., ELIZABETH DAVIS and LOUISEPPINGER had a conversation. DAVIS told EPPINGER, "They (law enforcement) got me."

11. On July 14, 2011, at 7:35 p.m., JUDY BURROWS and LOUIS EPPINGER had aconversation regarding pills and money. BURROWS told EPPINGER that she would have his$300 for him in about an hour. EPPINGER asked BURROWS if she "recounted them pills."EPPINGER claimed that there was an extra pill. BURROWS asked if there was anything (pills)left. EPPINGER replied that there were a few pills left tonight, but that there would be morepills tomorrow.

12. On July 14, 2011, at approximately 9:20 p.m., JUDY BURROWS and LOUISEPPINGER had a conversation wherein BURROWS told EPPINGER that she only had $240 forhim and two pills leftover, because the girl who was supposed to buy the two pills at $30 apiecehad not come through.

13. On July 17, 2011, at approximately 1:14 p.m., LOUIS EPPINGER had aconversation with an unidentified woman regarding passing a fraudulent prescription.EPPINGER explained to her that he had to pick up the "walker," or the individual who was topass the fraudulent prescription. EPPINGER further explained that he needed to have theprescription "signed (filled out by the writer/forger)."

14. On July 17, 2011, at approximately 2:21 p.m., LOUIS EPPINGER had aconversation with ANTHONY PERRY, wherein PERRY provided EPPINGER directions to hishouse.

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15. On July 17, 2011, at approximately 3:29 p.m., LOUIS EPPINGER had aconversation with JUDY BURROWS. BURROWS asked EPPINGER if he had any "percs(Percocet pills)." EPPINGER replied that they were "in the spot (pharmacy) now" and would lether know if they were able to obtain the Percoce t pills.

16. On July 17, 2011, at approximately 3:31 p.m., LOUIS EPPINGER had aconversation with JAMES BYRGE. EPPINGER told BYRGE that he had "40 of them things(pills)." EPPINGER told BRYGE that the pills were $14 apiece. BYRGE replied that if hecould get them a little cheaper he would take them. EPPINGER told BYRGE that he was"waitin' on them to come out of this spot (pharmacy) right now." EPPINGER concluded that the"things" (pills) were for "J."

17. On July 17, 2011, at approximately 3:52 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for Percocet, 90 count, to be filled at the Rite AidPharmacy located at 5411 Superior Avenue, Cleveland, Ohio. This fraudulent prescription waspurportedly written by Dr. C.R. for patient C.H.

18. On July 17, 2011, at approximately 8:13 p.m., LOUIS EPPINGER had aconversation with an unidentified man. The unidentified man asked EPPINGER if he hadPercocet pills. EPPINGER replied that he had four Percocets. The unidentified man toldEPPINGER that he would come pick them up from EPPINGER at 40 t h and Lakeside.

19. On July 18, 2011 at approximately 7:50 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. D.C. for patient K.R., to be filled at the Rite Aid Pharmacy located at20405 Chagrin Boulevard, Shaker Heights, Ohio.

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20. On July 18, 2011, at approximately 8:11 p.m., LOUIS EPPINGER placed atelephone call to JUDY BURROWS and asked, "You don't need none of them (pills), do you?"BURROWS replied, "Not yet...let me see...I'll call you back and let you know if I need anytonight."

21. On July 18, 2011, at approximately 8:46 p.m., LOUIS EPPINGER had aconversation with an unknown man, wherein he told him that he was "about to go deliver thesepills and shit."

22. On July 18, 2011, at approximately 8:51 p.m., LOUIS EPPINGER had aconversation with S.M. S.M. asked EPPINGER, "You done working?" EPPINGER replied,"Naw, I hit one (had one prescription filled) and I'm out. I still got the one (prescription), 'causeI ain't want to f--k with Kiki. They are still in the store stealing. I can't relate to people like that.Something go wrong..."

23. On July 18, 2011, at approximately 9:50 p.m., LOUIS EPPINGER and JUDYBURROWS had a conversation. EPPINGER told BURROWS that he had some more (pills).BURROWS told EPPINGER that she would have his $300 tomorrow and she would then need"more (pills)."

24. On July 27, 2011, at approximately 6:04 p.m., LOUIS EPPINGER and PATRICIAARNOLD had a conversation wherein EPPINGER told ARNOLD that, "I have the motherpaper (prescription) in my pocket right now. What you want me to do now? Huh?" EPPINGERtold ARNOLD, "I couldn't pass the paper (prescription) Patricia."

25. On July 27, 2011, at approximately 6:50 p.m., LOUIS EPPINGER ANDANTHONY PERRY, had a conversation wherein EPPINGER asked if PERRY'S "broad

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(woman)" was there. PERRY indicated that she was not. EPPINGER then asked if PERRY'ssister was there. EPPINGER explained that, "We was tryin', I was trying to go, cause I knowyou went to both of them spots (pharmacies) on Monday, you know." EPPINGER explained,"That one chump Dave (pharmacist) he there (at the pharmacy)." PERRY replied, "Oh, he thereagain?" EPPINGER responded, "Yeah man, plus I got insurance, once they see that insurancethey don't give a f--k about that shit." PERRY replied, "Ok. Well let's it do what it do .then."EPPINGER responded, "Alright. I will be there in a minute."

26. On July 27, 2011, at approximately 8:06 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. D.C. for patient A.L., to be filled at the CVS Pharmacy located at7965 Euclid Avenue, Cleveland, Ohio.

27. On July 29, 2011, at approximately 11:48 a.m., LOUIS EPPINGER andELIZABETH DAVIS had a conversation regarding filling prescriptions. DAVIS askedEPPINGER which prescription he filled yesterday or the other one. EPPINGER replied, "I'musing another script now. I mean another name. But uh, uh, I got Tawana." DAVIS replied,"Ok." EPPINGER responded, "That's the one I'm bustin' (passing a fraudulent prescription)."EPPINGER then explained to DAVIS that he went to several different pharmacies in the area butthat CHOPS (ANTHONY PERRY) always wanted to go back to "79t h (the CVS Pharmacylocated at 79' Street and Euclid Avenue)."

28. On July 29, 2011, at approximately 6:07 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM that he was "f--kin' with Mira (ELIZABETHDAVIS)" at "79' and Euclid (CVS Pharmacy)." EPPINGER explained that ELIZABETH

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DAVIS went around the corner. EPPINGER was concerned about DAVIS and told SM, "I'mgoing to go look through the window (of the drugstore)."

29. On July 29, 2011, at approximately 6:48 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. D.C. for patient T.E., to be filled at the CVS Pharmacy located at 7965Euclid Avenue, Cleveland, Ohio.

30. On July 29, 2011, at approximately 7:16 p.m., LOUIS EPPINGER and JUDYBURROWS had a conversation regarding payment by BURROWS for pills provided onconsignment and the delivery of additional pills. EPPINGER told BURROWS that he was on hisway to her house.

31. On July 29, 2011, at approximately 9:51 p.m., LOUIS EPPINGER and ML(identified but not indicted) had a conversation. ML asked EPPINGER if he was coming over.EPPINGER replied that he was not coming over because he was waiting on "Jim" (JAMESBYRGE) to get back to the bar because he was trying to sell these "pills" to him.

32. On August 1, 2011, at approximately 2:11 p.m, LOUIS EPPINGER had aconversation with BRITTANY N. GLASS. EPPINGER told GLASS that he had to pay his billsthat day and had to get the "paper (prescription)" signed so that "I can go to work."

33. On August 1, 2011, at approximately 3:53 p.m., LOUIS EPPINGER had aconversation with an unidentified man. During this conversation EPPINGER told him, "I gottago to the house get these scripts. Then I gotta go over here on 156t h and Miles, pick a n----r up,then I gotta come back across Broadway, have urn get signed....then work." EPPINGERcontinued, "But all that should be jumpin' round 5:30." The unidentified man agreed.

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34. On August 1, 2011, at approximately 5:15 p.m, LOUIS EPPINGER had aconversation with ANTHONY PERRY. EPPINGER asked PERRY if "he got a check." PERRYresponded that he had not received a check, but told EPPINGER that if he received a settlement,he would be his number one customer and would purchase all of his "percs (Percocet pills)."

35. On August 1, 2011, at approximately 8:23 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. C.R. for patient A.L., to be filled at the CVS Pharmacy located at7965 Euclid Avenue, Cleveland, Ohio.

36. On August 1, 2011, at approximately 9:57 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER relayed to SM that he was at "Jim's (JAMES BYRGE)" andwas about to leave. EPPINGER told SM, "Jim this n----r tryin' to play me on the money thing,you know. So f--k him. I just go walk Judy, you know." EPPINGER told SM, "Basically tryin'to get me to sell him my motherf--kin' pills for ten dollars apiece." EPPINGER explained to SMthat "Judy (JUDY BURROWS)" would buy them for $20 a pill.

37. On August 1, 2011, at approximately 11:13 p.m., LOUIS EPPINGER had aconversation with SM regarding individuals to whom he used to pass prescriptions. EPPINGERdiscussed how he needed new walkers to "change up" and "needed a different look."

38. On August 11, 2011, at approximately 2:50 p.m., LOUIS EPPINGER had aconversation with ELIZABETH DAVIS, wherein EPPINGER told DAVIS, "You know yourthing come up (prescription can be filled) on the O's (Oxycontin)."

39. On August 11, 2011, at approximately 2:55 p.m., LOUIS EPPINGER placed atelephone call to ELIZABETH DAVIS and informed her that it would be around "5:30 or 6:00."

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40. On August 11, 2011, at approximately 4:45 p.m., LOUIS EPPINGER spoke withML. During this conversation with ML, EPPINGER told ML, "I'm fixin' to go get my paper'ssigned. I'm sittin' up here waitin' this n----r to go to work." Later in the conversationEPPINGER explained, "I gotta go buy these motherf--kin' ah....X Man's sellin' some goddamnpills. Some Percocets. But I got prescriptions for 'em. I don't need 'em, you know. But I knowif I buy 'ern I can always sell 'ern back to Jim (JAMES BYRGE), you know." EPPINGER thencontinued, "I gotta go get Mira (ELIZABETH DAVIS) ass too ...so `um do one of 'ern for me (soDAVIS could pass a fraudulent prescription for him)."

41. On August 11, 2011, at approximately 6:17 p.m., ELIZABETH DAVIS caused afraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written by Dr.M.P. for patient Elizabeth Davis, to be filled at the CVS Pharmacy located at 7965 EuclidAvenue, Cleveland, Ohio.

42. On August 11, 2011, at approximately 6:58 p.m., LOUIS EPPINGER had aconversation with SM . SM asked EPPINGER, "You done workin' (passing fraudulentprescriptions) already, babe?" EPPINGER responded, "No, I just did one of 'ern (filled oneprescription). I ain't do no percs (Percocet pills). I need to do them percs." EPPINGERexplained that he was done early because "All I did was get Mira (ELIZABETH DAVIS) and gostraight on 79' (CVS Pharmacy located at 79t h Street and Euclid Avenue). Boom."

43. On August 11, 2011, at approximately 8:25 p.m., LOUIS EPPINGER had aconversation with an unidentified man. EPPINGER told him, "Yeah, come to Jim's (JAMESBYRGE) man. I'm on my way down there now to cash these things (pills) in."

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44. On August 12, 2011, at approximately 1:55 p.m., LOUIS EPPINGER had aconversation with PATRICIA ARNOLD. EPPINGER asked ARNOLD, "I owe you $20, right?"ARNOLD replied, "No you owe me 40." EPPINGER asked, "You charged me just to write thatone there?" ARNOLD responded, "Man, I wrote two scripts for you yesterday! Cut the game!"

45. On August 17, 2011, at approximately 3:54 p.m., LOUIS EPPINGER had aconversation with SM (identified but not indicted). EPPINGER told SM, "I came from gettingthe paperwork (prescription) signed." SM asked EPPINGER, "You got somebody to go workwith you?" EPPINGER replied, "Yeah, I told you that yesterday."

46. On August 17, 2011, at approximately 7:08 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. M.P. for patient D.P., to be filled at the CVS Pharmacy located at7965 Euclid Avenue, Cleveland, Ohio.

47. On August 18, 2011, at approximately 2:06 p.m., LOUIS EPPINGER and SM had aconversation, wherein EPPINGER told SM, "I just be going to sell the pills."

48. On August 19, 2011 at approximately 4:27 p.m., LOUIS EPPINGER had aconversation with ML. EPPINGER asked ML if "ya'll gonna be ready?" ML responded that she(ML) was going to pick her (BRITTANY N. GLASS) up at the hospital. EPPINGER asked if"she (BRITTANY GLASS) got the uniform on?" ML responded, "No, I got the uniform with mein my book bag."

49. On August 19, 2011, at approximately 4:34 p.m., LOUIS EPPINGER had aconversation with JUDY BURROWS. During the conversation, EPPINGER and BURROWSdiscussed the correct amount of money BURROWS owed EPPINGER for drugs/pills provided

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on consignment. Later in the conversation, EPPINGER told BURROWS that after he pickedsomeone up, "then I am going to work." BURROWS inquired, "Yeah, you getting ready to go towork tonight?" EPPINGER replied, "Yeah, I got to go get some Percocets." BURROWSresponded, "Yeah, well when you get them, let me know. I might be able to find somebody whowants some. If you get some let me know." EPPINGER replied, "Alright."

50. On August 19, 2011, at approximately 7:03 p.m., BRITTANY N. GLASS caused afraudulent prescription for Percocet, 90 count, purportedly written by Dr. M.P. for patient B.J., tobe filled at the Rite Aid Pharmacy located at 5411 Superior Avenue, Cleveland, Ohio.

51. On August 19, 2011, at approximately 10:04 p.m., SM telephoned LOUISEPPINGER. SM asked EPPINGER, "What's up?" EPPINGER replied, "Ain't nothing. Soon asI'm selling Jim (JAMES BYRGE) these pills, and then uh, I am on my way."

52. On August 21, 2011, at approximately 12:56 p.m., LOUIS EPPINGER had aconversation with ML. ML told EPPINGER, "We chilling, waiting on your phone call. Whatyou doing?" EPPINGER replied, "Feeling to go get these papers (prescriptions)." ML inquired,"And you going to call us when you're done?" EPPINGER replied, "Yeah."

53. On August 21, 2011 at approximately 2:33 p.m., EPPINGER placed a telephone callto ML. He told ML, "I've been over here waiting." ML replied, "Oh the lady that do the paper(prescription)?" EPPINGER responded, "Yeah. Soon as she come back, uh. I'm coming rightover."

54. On August 21, 2011, at approximately 3:36 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

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purportedly written by Dr. N.E. for patient K.R., to be filled at the Rite Aid Pharmacy located at20405 Chagrin Blvd., Shaker Heights, Ohio.

55. On August 21, 2011, at approximately 4:00 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "I'm running around like a chicken with my headcut off...because everywhere I go they ain't got none (pills)" or "they only got some (pills)."

56. On August 21, 2011, at approximately 4:30 p.m., LOUIS EPPINGER had aconversation with an unidentified woman. EPPINGER told her, "Ask Tone he want some ofthose green things." The woman replied, "Ask Tone he want some of those green things. Someof those what?" EPPINGER replied, "Those green ones. Them oxycontin." The womanresponded, "The oxycontins. He said how much for those?"

57. On August 21, 2011, at approximately 4:31 p.m., an unidentified woman placed atelephone call to LOUIS EPPINGER. She told EPPINGER, "You ain't tell me how much."EPPINGER responded, "Twenty. Ask him how man...how many do he want...is he trying to getthough. I got 140 of 'em (pills)." The unidentified woman had a conversation with the man,then told EPPINGER, "He said no."

58. On August 21, 2011, at approximately 4:41 p.m., LOUIS EPPINGER had aconversation with ML. ML was upset because she had been waiting for him. ML stated, "Yousaid something about you in the living room getting the papers (prescription) signed. That wasan hour ago." EPPINGER replied, "Ok. That's handlin' business. That's handlin' businessman. I'm on my way soon as I get through."

59. On August 21, 2011, at approximately 4:57 p.m., LOUIS EPPINGER had aconversation with an unidentified woman, wherein they discussed the various methods for

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forging prescriptions for Percocet pills. EPPINGER asked her to look up the "formula" and callhim back. She agreed.

60. On August 21, 2011, at approximately 7:04 p.m., LOUIS EPPINGER had aconversation with an unidentified woman. EPPINGER told her, "Hey babe, I can't get nothingbut them green ones (Oxycontin)." She responded, "Oh, all right. Well call me if you get some."

61. On August 22, 2011, at approximately 2:21 p.m., LOUIS EPPINGER had aconversation with ML. ML asked EPPINGER, "you got the papers (prescriptions) signed?"EPPINGER replied, "I dealt with that yesterday." ML inquired, "So you ready for today then?"EPPINGER replied, "Yeah, I'm ready." ML replied, "I'm ready too." Later in the conversationEPPINGER told ML, "Alright then, well I'm going to call you all about 5:30, 6:00. Be readyman." ML replied, "Alright, I'll be ready." EPPINGER asked, "She (BRITTANY GLASS)ain't gonna, she going to change clothes in the car, and all that shit. I mean that's cool too. I'mjust saying be ready. We going to work (passing fraudulent prescriptions)." ML replied, "Yeah.She be ready."

62. On August 22, 2011, at approximately 5:31 p.m., LOUIS EPPINGER had aconversation with an unidentified woman, who asked EPPINGER, "Any green ones (Oxycontin)around?' She continued, "I need 40 (Oxycontin)." EPPINGER replied, "25 (Oxycontin) rightnow." She replied, "25? Ok. I'll call you right back."

63. On August 22, 2011, at approximately 8:59 p.m, LOUIS EPPINGER had aconversation with an unidentified woman, who asked EPPINGER, "Do you got some OC's(Oxycontin) or OP's (Oxycontin). EPPINGER responded, "Yeah, I got both of them right now."

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She replied, "Somebody wanna buy all of them." EPPINGER told her, "Ok. I'll call you rightback."

64. On August 22, 2011, at approximately 9:03 p.m., LOUIS EPPINGER had aconversation with an unidentified man, who wished to purchase both Percocet and Oxycontinpills. EPPINGER told him that he had 65 Percocet pills left (at $3 apiece) and 35 Oxycontinpills. The man inquired about the milligram quantity of the Oxycontin pills. EPPINGER replied,"80. Who is this?" The man replied, "This is Bush's cousin." EPPINGER told him that he wasselling the Oxycontin pills for $20 apiece. The man told EPPINGER that he was going to "callmy people (customers) and I'm gonna holler at you (call back) in five minutes." EPPINGERreplied, "Alright."

65. On August 22, 2011, at approximately 9:46 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "I'm tryin' to, I'm on my way to you, but I gotta gosell the rest of these pills to Jim (JAMES BYRGE)."

66. On August 23, 2011, at approximately 5:07 p.m., LOUIS EPPINGER had aconversation with BRITTANY N. GLASS. GLASS asked EPPINGER, "Is we working today?"EPPINGER replied, "I'm thinking about it." GLASS told EPPINGER, "It's me and you. She(ML) ain't going." EPPINGER instructed GLASS to "meet me at the bar, the Wolf Den. I amon my way now." GLASS responded that she would leave in about twenty minutes and wouldcall EPPINGER w hen she had left.

67. On August 23, 2011, at approximately 5:30 p.m., LOUIS EPPINGER andBRITTANY N. GLASS made arrangements to pass a fraudulent prescription. EPPINGER told

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GLASS that he was at the Wolf Den bar and gave her directions to the bar. GLASS toldEPPINGER, "I got to go get my uh, my work uniform, 'cause its in Sadie's book bag."

68. On August 23, 2011, at approximately 5:46 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "I am sitting up here at the Wolf Den. I'm waitingon this girl to walk around the corner and urn, going to work (passing fraudulent prescriptions)."

69. On August 23, 2011, at approximately 6:00 p.m., BRITTANY N. GLASS calledLOUIS EPPINGER and told him that she was on her way and that ML was dropping her off.

70. On August 23, 2011, at approximately 6:07 p.m., LOUIS EPPINGER had aconversation with SM. SM asked EPPINGER, "Alright, you got, you only got one paper(prescription), right?" EPPINGER replied, "Yeah, I got one." EPPINGER continued, "I only gotone. I made one out and now I got one....I am trying to keep from going to work tomorrow orThursday. See wha t I am trying to say. Cause Friday all my big boys, Friday I got big boys, youhear me?"

71. On August 23, 2011, at approximately 6:48 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "We just letting you know...I just...we just pulledup. We working (passing fraudulent prescriptions)."

72. On August 23, 2011, at approximately 7:10 p.m, LOUIS EPPINGER had aconversation with BRITTANY N. GLASS. EPPINGER asked GLASS, "You good?" GLASSreplied, "Yes."

73. On August 23, 2011, at approximately 7:12 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "No, I'm on 55 t h and Superior at Rite Aid." SMasked, "Are you done for the day?" EPPINGER replied, "I just started babe, that was the first

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spot I went to on 79'h (CVS Pharmacy located at 79' h Street and Euclid Avenue). Later in theconversation EPPINGER explained to SM that he went to the Rite Aid Pharmacy on 55t h Street,because "...79t h was tripping."

74. On August 23, 2011, at approximately 7:15 p.m., LOUIS EPPINGER had aconversation with JUDY BURROWS. EPPINGER told BURROWS that he was "down here on55' h and Superior." BURROWS replied, "I got some money for you. Did you bring more (pills)or no?" EPPINGER replied, "Yeah...I got, uh. I will holler (call you) when I get there alright."BURROWS told EPPINGER that she would have to meet him at the corner because there werepeople at her house.

75. On August 23, 2011, at approximately 7:18 p.m., BRITTANY N. GLASS caused afraudulent prescription for Percocet, 90 count, purportedly written by Dr. M.P. for patient J.B., tobe filled at the Rite Aid Pharmacy located at 5411 Superior Avenue, Cleveland, Ohio.

76. On August 25, 2011, at approximately 4:03 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman. EPPINGER told her, "Yeah, I am going to pick youup around like five something. I mean...what's that four...'cause uh, I had to get these papers(prescriptions) signed. Take care of this little bullshit and that ain't going to be until 'till afterfive, five o'clock, right?"

77. On August 25, 2011, at approximately 7:59 p.m., BRITTANY N. GLASS caused afraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written by Dr.M.P. for patient A.L., to be filled at the CVS Pharmacy located at 7965 Euclid Avenue,Cleveland, Ohio.

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78. On August 28, 2011, at approximately 2:51 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "That bitch Judy's (JUDY BURROWS) playin'games. You know, she don't give me my money today, tomorrow I'm gonna call the ho and sayhey, I got somebody that want them things (pills). Since you ain't sold none of them (pills), I bedown there to get all of them."

79. On August 28, 2011, at approximately 3:10 p.m., LOUIS EPPINGER had aconversation with PATRICIA ARNOLD. During this conversation, EPPINGER and ARNOLDdiscussed two insurance cards. ARNOLD told EPPINGER that she was going to "walk down thestreet and get the card." EPPINGER told ARNOLD, "I got a blank thing (prescription) in mypocket." EPPINGER asked ARNOLD to call him when she got the insurance card.

80. On August 28, 2011, at approximately 4:25 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM that he was at the Rite Aid Pharmacy inWarrensville. EPPINGER explained to SM, "I had brought two sheets with me. I got one of

them done early. And then, uh, Rasheed called talking about she had some insurance and I'm likef--k it, I might as well bust out my two (pass two fraudulent prescriptions)."

81. On August 28, 2011, at approximately 4:44 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. P.K. for patient D.A., to be filled at the Rite Aid Pharmacy located at20405 Chagrin Blvd., Shaker Heights, Ohio.

82. On August 28, 2011, at approximately 6:44 p.m., LOUIS EPPINGER had aconversation with an unidentified woman, who asked EPPINGER, "You got some white shirts?"EPPINGER replied, "Nope." EPPINGER continued that, "I got all my green shirts come up. I

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got insurance on my green ones (Oxycontin), right?" EPPINGER continued, "They came up(Oxycontin prescriptions). And I got like six of 'em back to back." EPP1NGER told the woman,"I only f--k with the white shirts when I ain't got no green (Oxycontin)."

83. On August 30, 2011, at approximately 8:13 a.m., LOUIS EPPINGER had aconversation with SM. SM asked EPPINGER, "You going to work (passing fraudulentprescriptions) today?" EPPINGER replied, "Yeah, I'm going. I really don't want to, but I got togo because Jim (JAMES BYRGE) gave me that money. You already know, anyway, what I gettoday I ain't selling it." Later in the conversation, EPPINGER told SM, "I got all them things. Igot some extra ones too. Them green babies (Oxycontin), that ain't gonna be nothin'."EPPINGER further explained, "Listen, if I get that bottle today I'm just going to sit tight with it.You know?" EPPINGER explained that he (EPPINGER) is selling the Oxycontin to "Jim(JAMES BYRGE) for $16 a pill and according to JUDY BURROWS, BYRGE was reselling theOxycontin pills for $30-$35 a pill.

84. On Aug ust 30, 2011, at approximately 2:44 p.m., LOUIS EPP1N GER had aconversation with an unidentified woman. EPPINGER told her, "I'm gonna be getting themthings (Percocet pills) starting tomorrow. I told ya, I turned my last thing (prescription) inyesterday for the green ones (Oxycontin)." She replied, "Alright."

85. On August 30, 2011, at approximately 5:40 p.m., LOUIS EPPINGER had aconversation with BRITTANY N. GLASS. GLASS asked EPPINGER whether he was ready toattempt to pass a fraudulent prescription. GLASS asked EPPINGER where they were going toattempt to pass it. EPPINGER replied, "we going on 79t h (CVS Pharmacy located at 7965 EuclidAvenue). I gotta check it out first." EPPINGER then instructed GLASS to come his way.

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86. On August 30, 2011, at approximately 6:22 p.m., BRITTANY N. GLASS caused afraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written by Dr. P.K.for patient A.L., to be filled at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland,Ohio.

87. On August 30, 2011, at approximately 6:24 p.m., LOUIS EPPINGER placed atelephone call to BRITTANY N. GLASS. EPPINGER asked GLASS, "You good?" GLASSreplied, "Yeah." EPPINGER instructed GLASS, "Hey, when you come out (of the pharmacy)walk straight to the bus stop. Go sit in the bus stop. I got you alright?" EPPINGER furtherinstructed GLASS to "stay off the phone" and to "watch them ho's."

88. On August 30, 2011, at approximately 7:29 p.m,. LOUIS EPPINGER placed atelephone call to JAMES BYRGE. EPPINGER asked BYRGE, "You need some of them things(Oxycontin pills)?" BYRGE replied, "No, I don't need none right now. Jason needs somethough." BYRGE repeated, " Jason needs some of those things." EPPINGER replied, "Oh yeah,I am doing them (Percocet pills) uh, Thursday, and well starting Thursday."

89. On August 31, 2011, at approximately 2:03 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "I had two (prescriptions) with me, but only didone (passed one prescription)."

90. On September 1, 2011, at approximately 11:20 a.m., LOUIS EPPINGER andBRITTANY N. GLASS had a conversation. GLASS asked EPPINGER, "We working today?"GLASS suggested that she and EPPINGER go to the pharmacy where her "auntie" works.EPPINGER responded that "They ain't got the shit I do (Oxycontin) .... they got the white one

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(Percocet)." EPPINGER continued, "I might go round there though...I don't know. I don'tknow where I'm going." GLASS told EPPINGER, "Call me when you ready to work."

91. On September 1, 2011, at approximately 6:36 p.m., LOUIS EPPINGER had aconversation with an unidentified woman. EPPINGER told her he was "getting this paper(prescription) signed."

92. On September 1, 2011, at approximately 6:54 p.m., LOUIS EPPINGER had aconversation with PATRICIA ARNOLD. EPPINGER told ARNOLD, "Hey, I'm on my way toyou. Where you at?" ARNOLD told EPPINGER that she wasn't at home and asked, "You needme?" EPPINGER replied, "I wanted you to take care of some business for me." ARNOLD toldEPPING ER that she was on West 25th Street. EPPINGER replied, "I ain't come way over there.Alright I am going to holler at this other lady (writer/forger) right quick."

93. On September 1, 2011, at approximately 7:56 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "Motherf--ker. Wasn't nobody home to get thethings (fraudulent prescriptions) signed. " EPPINGER continued, "So I had to wait. Just got it(fraudulent prescription) signed. Got to shoot up here on 79 h (CVS Pharmacy) real quick, youknow."

94. On September 1, 2011, at approximately 10:22 p.m., LOUIS EPPINGER had aconversation with PATRICIA ARNOLD. ARNOLD asked whether EPPINGER had dropped offher money. EPPINGER replied, "I ain't even get a chance to even go to do the one thing. (Havea blank prescription filled). But hey, tomorrow, I still got my papers (blank prescription papers)that need to be filled out. Tomorrow, I am coming to you early and give you your money, and

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plus I am going to pay right then and there for what you do for me (forge prescriptions), alright?"ARNOLD replied, "Ok."

95. On September 2, 2011, at approximately 10:51 a.m., LOUIS EPPINGER had aconversation with GE (identified but not indicted). EPPINGER told GE, "But hey Greg, I got awalker (an individual who passes forged prescriptions) ain't missed yet." EPPINGER continued,"And guess what?" GE replied, "What?" EPPINGER explained, "It was just like Mira(ELIZABETH DAVIS). Every time she go in on, on on 7-9 right? They serve her. They likeher." EPPINGER continued, "They got some green shit (Oxycontin) up in there now though."

96. On September 2, 2011, at approximately 12:16 p.m., LOUIS EPPINGER had aconversation with ML. EPPINGER told ML, "I gotta get these papers (prescriptions) signed alittle early today. So I don't have to go through that bullshit yesterday." EPPINGER concluded,"I'll let you know what time then."

97. On September 2, 2011, at approximately 4:24 p.m., LOUIS EPPINGER received atelephone call from an unidentified woman, who told EPPINGER, "I need some 5-1-2(Percocet)." She continued, "about 100 or 200 of them." EPPINGER told her, "I don't go towork until later." EPPINGER continued, "I am going to go to work man. I will talk to you whenI get them."

98. On September 2, 2011 at approximately 5:36 p.m., LOUIS EPPINGER placed atelephone call to PATRICIA ARNOLD and told her, "I'm on my way over there."

99. On September 2, 2011, at approximately 7:38 p.m., BRITTANY N. GLASSattempted to fill a fraudulent prescription for Percocet, 90 count, purportedly written by Dr. P.K.for patient R.C., at the Rite Aid Pharmacy located at 5411 Superior Avenue, Cleveland, Ohio.

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100. On September 2, 2011, at approximately 7:43 p.m., BRITTANY N. GLASS wasarrested by officers of the Cleveland Police Department while attempting to fill a fraudulentprescription for Percocet pills provided to her by LOUIS EPPINGER.

101. On September 2, 2011, at approximately 7:56 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM that BRITTANY N. GLASS had been arrested bythe police while trying to fill a fraudulent prescription. EPPINGER told SM that he was waitingon GLASS' call and that, "I went by Judy (JUDY BURROWS) house to hide the car for a littlewhile, you know." EPPINGER asked SM to count out 26 pills for him to deliver to a customer.

102. On September 2, 2011, at approximately 9:30 p.m., LOUIS EPPINGER had aconversation with SM. EPPINGER told SM, "I am going to talk to her (BRITTANY GLASS)and quiz her, and see where her head is at, you know." SM replied, "Right. Because she mightbe trying to set you up." SM continued, "You need to be f--king careful."

103. On September 2, 2011, at approximately 9:44 p.m., BRITTANY N. GLASS placeda telephone call to LOUIS EPPINGER. GLASS told EPPINGER that she was in jail.

104. On September 2, 2011, at approximately 9:55 p.m., LOUIS EPPINGER had aconversation with ML. EPPINGER relayed to ML the circumstances surrounding BRITTANYGLASS' arrest. EPPINGER told ML that GLASS insisted on going to the Rite Aid Pharmacybecause her "aunt" worked there. EPPINGER told ML, "I burnt that shit out in 2009, Sadie, thatspot." EPPINGER told ML that he argued with GLASS about going to the Rite Aid that eveninginstead of the CVS Pharmacy on 79t h and Euclid Avenue, telling her, "I said that is where we bekilling them at (successfully passing fraudulent prescriptions), why change up? If it ain't broke,don't fix it?" EPPINGER continued that when the police car pulled into the parking lot of the

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Rite Aid, he called GLASS, "to let her know get out of there." EPPINGER explained that hefollowed the police into the store, trying to get GLASS' attention, and that he couldn't do sobecause GLASS was not paying attention, but rather was texting.

105. On September 2, 2011, at approximately 9:59 p.m., LOUIS EPPINGER had aconversation with ML. EPPINGER told ML, "And if she had just answer the god damn phone. Icould have told her to shoot straight down the last aisle." EPPINGER attempted to assure MLthat GLASS would get a bond, possibly a personal bond. EPPINGER told ML that, "It wasn't nostrong ass narcotic. It was f--k ass Percocet." EPPINGER told ML that, "They give probation onthat Perc....Everybody I know went in on Peres, first time got probation." EPPINGER told ML,"Just tell her to keep her mouth shut (don't talk to law enforcement), you hear me?"

106. On September 3, 2011, at approximately 1:13 p.m., BRITTANY N. GLASS placeda telephone call to LOUIS EPPINGER. GLASS told EPPINGER that she was out of jail on apersonal bond. GLASS told EPPINGER that she was shown two prescriptions by the police atthe time of her arrest. EPPINGER told GLASS, "Let me tell you how the game go," and thenexplained to her, "Reason why 1 didn't tell you that side 'cause knew your little scary ass wouldbe nervous goin' in there. But that's all they do. All you know about is what you done. All thatother shit is nothin'. You hear me?" EPPINGER told GLASS, "I don't like talkin' on thisphone." GLASS told EPPINGER, "We goin' to Sadie's house. Meet us."

107. On September 3, 2011, at approximately 5:14 p.m., LOUIS EPPINGER had aconversation with ML. EPPINGER told ML, "You did all that cryin' and didn't I tell you shewas gonna get a personal (personal bond)?" ML replied, "Yeah." EPPINGER continued, "Toldya if she went to court today she gonna get a personal because it ain't shit. And all that shit

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talkin' is what they told her. It still ain't shit. Okay?" EPPINGER continued, "It still ain't shit.It don't make no difference if her hand on the paper or not. It still, it still ain't shit, Boo. Onlything they can get you for is what the f--k they arrest you for and it ain't shit. And she might beatthat, you know?" EPPINGER concluded, "That's like ah, ah, ibuprofen, urn category. It's notlike oxycontin, you know."

108. On September 3, 2011, at approximately 5:17 p.m., LOUIS EPPINGER had aconversation with an unidentified female drug customer. EPPINGER explained that he wouldhave delivered pills to her yesterday, and that he would have had "damn near two, three hundred(pills)," but "my boo (walker) got popped (arrested) yesterday."

109. On September 6, 2011, at approximately 8:35 a.m., LOUIS EPPINGER had aconversation with an unidentified man, who asked EPPINGER, "So you say Shorty (BRITTANYGLASS) got caught up?" EPPINGER replied, "Yeah, she out (of jail) now though." EPPINGERcontinued, "Take her ass (GLASS) to work (passing fraudulent prescriptions) today." The maleasked, "So she rolling solo (was she working alone when she was arrested)?" EPPINGERreplied, "No, she was with me."

110. On September 6, 2011, at approximately 4:01 p.m., LOUIS EPPINGER had aconversation with PATRICIA ARNOLD. ARNOLD asked EPPINGER, "What you going to dotoday?" EPPINGER replied, "I am trying to put some work in (pass some fraudulentprescriptions)." ARNOLD asked EPPINGER, "So what you coming down this way, or what?"EPPINGER replied, "Yeah, I be down there." ARNOLD replied, "Ok. I'll be here."

111. On September 6, 2011, at approximately 6:34 p.m., LOUIS EPPINGER had aconversation with PATRICIA ARNOLD. EPPINGER told ARNOLD, "I'm on my way now."

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112. On September 6, 2011, at approximately 8:11 p.m., BRITTANY N. GLASSattempted to pass a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedlywritten by Dr. N.E. for patient T.F., at the CVS Pharmacy located at 7965 Euclid Avenue,Cleveland, Ohio.

113. On September 6, 2011, at approximately 9:43 p.m., LOUIS EPPINGER had aconversation with JUDY BURROWS. EPPINGER told BURROWS, "Hey, I got uh, I got 90 ofthem things. You want them or what?" BURROWS replied, "90 more what? Green ones(Oxycontin)?" EPPINGER replied, "Yeah, the green." BURROWS told EPPINGER, "Rightnow, no, I don't need any." BURROWS continued, "I think he (a customer) said he is in the ...Ithink he said he thinks tomorrow he'll need those 30 (pills). He had the cash..." EPPINGERreplied, "Alright, I see you tomorrow, alright."

114. On September 16, 2011, at approximately 8:16 p.m., BRITTANY N. GLASScaused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written byDr. P.K. for patient D.P., to be filled at the Giant Eagle Pharmacy located at 5744 TransportationBoulevard, Garfield Heights, Ohio.

115. On September 19, 2011, at approximately 8:09 p.m., a "walker" working forLOUIS EPPINGER, caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. P.K. for patient K.R., to be filled at the Rite Aid Pharmacy located at20405 Chagrin Blvd., Shaker Heights, Ohio.

116. On September 26, 2011, at approximately 7:49 p.m., a "walker" working forLOUIS EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

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purportedly written by Dr. P.K. for patient A.L., to be filled at the Giant Eagle Pharmacy, 5744Transportation Blvd., Garfield Heights, Ohio.

117. On October 21, 2011, at approximately 5:05 p.m., ELIZABETH DAVIS attemptedto fill a fraudulent prescription for Percocet, 90 count, purportedly written by Dr. P.K. for patientElizabeth Davis, at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio. At thattime, DAVIS was arrested by officers of the Cleveland Police Department.

118. On October 24, 2011, at approximately 6:55 p.m., a "walker" working for LOUISEPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,purportedly written by Dr. N.E. for patient K.R., to be filled at the Rite Aid Pharmacy located at10502 St. Clair Avenue, Cleveland, Ohio.

119. On November 25, 2011, at approximately 8:10 p.m., a "walker" working forLOU IS EPPING ER caused a fraudulent prescription for Percocet, 90 count, purportedly writtenby Dr. N.E. for patient K.R., to be filled at the Giant Eagle Pharmacy located at 5744

Transportation Blvd., Garfield Heights, Ohio.120. On December 2, 2011, at approximately 7:15 p.m., a "walker" working for LOUIS

EPPINGER attempted to fill a fraudulent prescription for Percocet, 90 count, purportedly writtenby Dr. N.E. for patient S.B., at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland,Ohio.

121. On January 18, 2012, ANTHONY H. PERRY, attempted to fill a fraudulentprescription for Percocet, 90 count, purportedly written by Dr. P.K. for patient M.L., at the RiteAid Pharmacy located at 10090 Chester Avenue, Cleveland, Ohio.

All in violation of Title 21, United States Code, Section 846.

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The G rand Jury further charges:COUNT 2

(Possession with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1), (b)(1)(C))

122. On or about June 15, 2011, in the Northern District of Ohio, Eastern Division,ELIZAB ETH DA VIS, aka MIR A, did knowingly and intentionally possess with intent todistribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).The G rand Jury further charges:

COUNT 3(Possession with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1), (b)(1)(C))123. On or about July 13, 2011, in the Northern District of Ohio, Eastern Division,

ELIZAB ETH DA VIS, aka M IRA, did knowingly and intentionally possess with intent todistribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).The G rand Jury further charges:

COUNT 4(Possession with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1), (b)(1)(C))124. On or about August 11, 2011, in the Northern District of Ohio, Eastern Division,

ELIZA BETH DA VIS, aka MIRA , did knowingly and intentionally possess with intent todistribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).The Grand Jury further charges:

COUNT 5(Possession with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1), (b)(1)(C))

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125. On or about August 19, 2011, in the Northern District of Ohio, Eastern Division,BRITTANY N. GLASS did knowingly and intentionally possess with intent to distribute

Oxycodone, specifically Percocet, a Schedule II controlled substance.All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).The Grand Jury further charges:


BRITT ANY N . GLASS and LO UIS EPPINGE R did knowingly and intentionally possess withintent to distribute Oxycodone, specifically Percocet, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).The Grand Jury further charges:


BRITT ANY N . GLASS and LO UIS EPPINGE R did knowingly and intentionally possess withintent to distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

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The G rand Jury further charges: COUNT 8(Possession with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1), (b)(1)(C))128. On or about August 30, 2011, in the Northern District of Ohio, Eastern Division,

BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally possess withintent to distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(c).The Grand Jury further charges:

COUNT 9(Attempt to Possess with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1), (b)(1)(C), 846)

129. On or about September 2, 2011, in the Northern District of Ohio, Eastern Division,BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally attempt topossess with intent to distribute Oxycodone, specifically Percocet, a Schedule II controlledsubstance.

All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)( C).The Grand Jury further charges:


130. On or about September 6, 2011, in the Northern District of Ohio, Eastern Division,BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally attempt topossess with intent to distribute Oxycodone, specifically Oxycontin, a Schedule II controlled

substance.All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)( C).

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The Grand Jury further charges:COUNT 11

(Possession with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1),(b)(1)(C))

131. On or about September 16, 2011, in the Northern District of Ohio, EasternDivision, BRITTANY N. GLASS did knowingly and intentionally possess with intent todistribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)( C).The G rand Jury further charges:


132. On or about October 21, 2011, in the Northern District of Ohio, Eastern Division,ELIZABET H D AVIS, aka MIRA and LOUIS E PPINGER did knowingly and intentionallyattempt to possess with intent to distribute Oxycodone, specifically Percocet, a Schedule IIcontrolled substance.

All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(C).The Grand Jury further charges:

COUNT 13(Attempt to Possess with Intent to Distribute Oxycodone, 21 U.S.C. 841(a)(1),(b)(1)(C), 846 )

133. On or about January 18, 2012, in the Northern District of Ohio, Eastern Division,ANTHONY H. PERRY, did knowingly and intentionally attempt to possess with intent to

distribute Oxycodone, specifically Percocet, a Schedule II controlled substance.All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(C).

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The G rand Jury further charges:COUNTS 14 - 19

(Using a Telephone During the Commission of a Felony, 21 U.S.C. 843(b))

134. On or about the dates and times listed below, in the Northern District of Ohio,Eastern Division and elsewhere, the defendants listed below did knowingly and intentionally usea communication facility, to wit: a telephone, to facilitate acts constituting a felony under Title21, United States Code, Sections 841(a)(1) and 846:Count Defendants Date Time14 PATRICIA ARNOLD ,

LOUIS EPPINGERAugust 12, 2011 1:55 p.m.

15 BRITTANY N. GLASS,LOUIS EPPINGER August 23, 2011 5:07 p.m.

16 ANTHONY H. PERRY,aka CHOPS

July 27, 2011 6:50 p.m.LOUIS EPPINGER

17 ELIZABETH DA VIS, aka MIRA July 13, 2011 8:12 p.m.LOUIS EPPINGER18 JUDY L. BURROWS August 23, 2011 7:15 p.m.LOUIS EPPINGER19 JAMES BYRGE,LOUIS EPPINGER July 17, 2011 3:31 p.m.

All in violation of Title 21, United States Code, Section 843(b).

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The G rand Jury further charges:COUNTS 20 - 37

(Health Care Fraud, 18 U.S.C. 1347)

135. At all times relevant to this Indictment, Medicaid provided medical insurancecoverage for the poor under the Social Security Act (42 U.S.C. 1396 et seq.). Medicaid wasadministered in Ohio by the Ohio Department of Job and Family Services (ODJFS). Federalfunds paid for 60% of Ohio Medicaid benefits; the State of Ohio funded the remainder. OhioMedicaid was a federal health care benefit program within the meaning of 18 U.S.C. 1347.

136. It was a part of the scheme and artifice to defraud that from at least January 2011through December 2011, LOUIS EPPINGER obtained stolen blank prescriptions.

137. It was a further part of the scheme and artifice to defraud that LOUIS EPPINGERcaused the stolen prescriptions to be written for Schedule II controlled substances, principallyOxycontin, knowing that he had no legitimate medical need for these prescriptions and that theywould be filled and the drugs used for illegal purposes.

138. It was a further part of the scheme and artifice to defraud that LOUIS EPPINGERcaused the fraudulent prescriptions to be filled at pharmacies using other people's Medicaidbenefits. The pharmacies filled the illegal prescriptions in another person's name and submittedclaims for payment to Ohio Medicaid. From January 2011 through December 2011, EPPINGERcaused at least 18 claims for illegal prescriptions in another person's name to be submitted to

Ohio Medicaid for a billed amount of $23,845.56. These claims were for dispensing 1,620Schedule II pills, namely Oxycontin. Ohio Medicaid paid $21,098.25 on those claims for illegal

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prescriptions; the person who obtained each illegal prescription only had to pay at most a twodollar co-payment.

139. From in or around January 2011, through in or around December 2011, in theNorthern District of Ohio, Eastern Division, and elsewhere, the defendants named belowknowingly and willfully executed, and attempted to execute, a scheme and artifice to defraud theMedicaid health care benefit program, and to obtain, by means of false and fraudulent pretenses,representations and promises described herein, money and property owned by, and under thecustody and control of, a health care benefit program, Ohio Medicaid, in connection with the

delivery of and payment for health care benefits, items and services.140. On or about the dates listed below, in the Northern District of Ohio and elsewhere,

the defendants named below, having knowingly and willfully executed and attempted to executethe scheme and artifice to defraud the Ohio Medicaid program described above, and to obtainmoney, by means of the false and fraudulent pretenses, representations and promises describedabove, did execute and attempt to execute the scheme by causing the submission of claims forreimbursement as set forth below:

Count Defendants DispensationDate

BilledAmount

PaidAmount

NUmberof Pills

MedicaidRecipient20 LOUIS EPPINGER 1/11/2011 $1,236.33 $1,102.50 90 A.L.21 LOUIS EPPINGER 3/17/2011 $1,328.91 $1,102.50 90 A.L.22 LOUIS EPPINGERELIZABETH DAVIS 6/15/2011 $1,328.91 $1,185.12 90 E.D.

23 LOUIS EPPINGER 6/30/2011 $1,328.91 $1,185.12 90 A.L.24 LOUIS EPPINGERELIZABETH DAVIS 7/13/2011 $1,328.91 $1,185.12 90 E.D.25 LOUIS EPPINGER 7/18/2011 $1,330.81 $1,183.12 90 K.R.26 LOUIS EPPINGER 7/27/2011 $1,328.91 $1,183.12 90 A.L.27 LOUIS EPPINGER 8/1/2011 $1,328.91 $1,185.12 90 A.L.

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Count Defendants DispensationDate

BilledAmount

PaidAmount

Numbercif Pills MedicaidRecipient28 LOUIS EPPINGERELIZABETH DAVIS 8/11/2011 $1,328.91 $1,183.12 90 E.D.29 LOUIS EPPINGER 8/17/2011 $1,328.91 $1,183.12 90 D.P.30 LOUIS EPPINGER 8/21/2011 $1,330.81 $1,183.12 90 K.R.31 LOUIS EPPINGER

BRITTANY N. GLASS8/25/2011 $1,328.91 $1,183.12 90 A.L.

32 LOUIS EPPINGER 8/28/2011 $1,330.81 $1,183.12 90 D.A.33 LOUIS EPPINGERBRITTANY N. GLASS 8/30/2011 $1,328.91 $1,185.12 90 A.L.34 LOUIS EPPINGERBRITTANY N. GLASS 9/16/2011 $1,333.99 $1,183.12 90 D.P.35 LOUIS EPPINGER 9/19/2011 $1,330.81 $1,183.12 90 K.R.36 LOUIS EPPINGER 9/26/2011 $1,333.99 $1,183.12 90 A.L.37 LOUIS EPPINGER 10/24/2011 $1,328.91 $1,136.45 90 K.R.


(Aggravated Identity Theft, 18 U.S.C. 1028A(a)(1) and 2)141. On or about August 25, 2011, in the Northern District of Ohio, Eastern Division,

and elsewhere, LOUIS EPPINGER, during and in relation to felony violation(s) of Title 18United States Code, Section 1347 (Health Care Fraud), knowingly transferred, possessed andused without lawful authority a means of identification of A.L., and aided and abetted thetransfer, possession and use without lawful authority of a means of identification of A.L. (a realperson known to the Grand Jury), knowing that the means of identification belonged to anotherperson.

All in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.

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(Aggravated Identity Theft, 18 U.S.C. 1028A(a)(1) and 2)

142. On or about August 1, 2011, in the Northern District of Ohio, Eastern Division, andelsewhere, LOUIS EPPINGER, during and in relation to felony violation(s) of Title 18 UnitedStates Code, Section 1347 (Health Care Fraud), knowingly transferred, possessed and usedwithout lawful authority a means of identification of C.R., and aided and abetted the transfer,possession and use without lawful authority of a means of identification of C.R. (a real personknown to the Grand Jury), knowing that the means of identification belonged to another person.

All in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.

A TRUE BILL.

Original document - - Signatures on file with the Clerk of Courts, pursuant to the E-GovernmentAct of 2002.

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Eppinger Indictment

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