FILED IN OPEN coa r IN TH5 UNITED STATES DISTRICT COWRT (j sp(! Ayjajlu : # ' I * ' FOR THE NORTHERN DISTRICT OF GEORGIA /US jlj4 laaus N, 1 cjvrk ATIANTA DIVISION g : l t . ; Dgput wk UNSTED STATES OF AMERICA CRIMINAL INDICTMENT 4:2291* No . :11 ROMIE RQLAND, M.D. AKTHONY LICATA CRARLYN CARTER ADRIAN SINGLETA' RY DANTI CUMMINGS ANTHONY FERGUSON DANNY THOMPSON JOSHUA GADD UNDER SEAL THE GRAND JURY CHARGES THAT: INTRODUCTIQN At all times releyant to this'Indictment: The Controlled Substances Act governed the manufacture, distribution, and dispensing of controlled substances in the United states. The Controlled Substanceà Act defines a ''controlled substancel' as a drug or other substance that was included within one of five ''schedules''- Schedule I, 11p 111, IV, or V - of Subchapter 1, Part B of the Act. 21 U.S.C. 5 802(6). Various prescription drugs are defined as ccntrolled substances under the Act.Drugs are placed into these schedules based on their potential for abuse, aëong other things. Schedule I drugs have a high potential for abuse, have no currently accepted medical use, and lack accepted safe use. 21 U.S.C. 5 812(b)(1). Schedule Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 1 of 20
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FILED IN OPEN coa rIN TH5 UNITED STATES DISTRICT COWRT (j s p (! Ayjajlu
: #
'
I *
'
FOR THE NORTHERN DISTRICT OF GEORGIA /US j lj4
laaus N, 1 cjvrkATIANTA DIVISION g : lt. ; Dgput wk
Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 1 of 20
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Typewritten Text
OUR CASE NO.14-6284-BSS OUR CASE NO.14-6285-BSS
11 dyugs have a currently accepted medical use with severe
restrictions and have a high potential for abuse that can .lead to
severe psychological or physical dependence. 21 U.S.C. j 8l2(b) (2).
Schedule I5I drugs have a currently accepted medical use and have
a high potential för abuse, less than the drugs listed in Schedule
11 . 21 U .' S . C . j 8l2 (b) Schédule IV drugs have a currently accepted
medical 4se and have a low potential for abuse.relative to the drugs
in schedule 111. 21 U.S.C. j 8l2(b) (4).
3. Oxycodone, an opiate, a Schedule 11 controlled
substance. 21 C.F.R. 5 l308.12(b) (1). Oxycodone is Sold generically,
and the brand names Oxycontin, Roxicodone, and Percocet are
prescription drugs that contain Oxycodone. Percocet contains a
miyture of Oxycodone and Acetaminophen. Morphine Sulfate, a
painkilier, is a Schedule 11 controlled substance. 21 C.F.R. 5
1308.12 (b)(l). Morphine is sold generieally or under the brand name
MS Contin.
21,
controlled substances listed in Schedules 111, and IV can be
dispensed or distributed only by prescriptions by a licensed
practitioner. The Drug Enforcement Administration (DEA) as
authorized by the Act, issues registration numbers to qualifying
doctors and pharmacists that allow them to dispense or distribute
Schedule II, 111, and IV controlled substances. Accordingly, the
21, United States Code? Section 822(b), and TitleTitle
code of Federal Regulations, Section 290.1, provide that the
Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 2 of 20
controlled substances described above can be dispensed only pursuant
to a valid prescription from a physician authorized to prescribe
controlled substances by the jurisdiction in which he is licensed
to practice his profession, and authorized by the DEA to prescribe
controllqd substances. C.F.R. 5 1306.03.
Title 21, Code of Federal Regulations, Section 1306.04,
provides that in order for a prescription for a controlled substance
to be valid, ''must be issued for a legitimate medical purpose
by an individual practitioner acting in the usual course of his
professional practice/' This section further provides that;
The responsibility for the proper prescribing anddispensing of controlled substances is upon theprescribing practitioner . . . An order purporting to
be a prescription issued not in the usual course ofprofessional treatmept or in legitimate and authorizedresearch is not a prescription within the meaning and
intent of section 309 of the Act (21 U.S.C. 5 829) andthe person knowingly filling such a purportedprescription, as well as the person issuing it, shall be
subject to the penalties provided for violations of theprovisions 6f law relating to controlled substances.
21 C.F.R. 1 1306.04.
An order purporting to be a prescriptipn that was issued
outside the ûsual course of professional treatment is not a
prescription within the meaning of the Controlled Sub/tances Act,
and the person who issues the prescription violates section 841(a)(l)
of Title of the United àtates Code.
CHIRON MEDICAL, ZXPRESS HEALTH, ATLANTA PAIN MANAGEMENT,
and KEY PAIN (hereinafter referred to collectively as the Mclinicar')
Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 3 of 20
were ostensible pain clinics operating around Atlanta, Georgia.
8. ROMIE ROLAND, M.D. Was a doctor at the Clinics. ROLAND
was registered with the DEA under the provisions of the Controlled
substances Act as a practitioner and was assigned a DEA rqgistration
number that authorized him to write prescriptions for Schedule II,
and V controlled substances .
ANTHONY LICATA was the principal owner/operator of the
Clinics, and was directly involved in their operations. CHARLYN
CARTER was the Office Mlnager, which capacity she' ovevsaw the
Clinics' day-to-day operations, including scheduling appointments,
patient in-take, billing, and monitoring the doçtors/ work
activities. ADRIAN SINGLETARY was a security guard at the Clinics,
and he would also assist with patient triage. ANTHONY LICATA,
CHARLYN CARTER, and ADRIAN SINGLETARY? were not medical doctors
authorized to practice medicine.
10. DANTE CUMMINGS, ANTHONY FERGUSONZ DANNY THOMPSON, and
JOSHUA GADD ''sponsored'' a number of different patients' visits to
the clinics. Specifically, they would contact the Clinics and
schedule visits for multiple patients. These defendants would
supervise the visits, financing the costs of 50th seeing the doctor
as well as filling the prescriptions. The goal of this sponsorship
was to procure multiple prescriptions for ccntrolled substances;
these prescriptions were then filled, apd the narcotics sold for
a profit.
Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 4 of 20
COUNT ONE
(2l U.S.C. j 846)(Conspiracy)
The allegations contained in paragraphs l through 10 are
hereby repeated, realleged? and incorporated by reference as if fully
set forth herein .
12. Beginning in or about February 2013 and continuing
until the present, within the Northern District 6f Georgia, the
defendants, ROMXE ROLAND? M.D.C ANTHONY LICATA, CHARLYN CARTER,
ADRIAN SINGLETARY , DANTE CUMMINGS , ANTHONY FERGUSON , DANNY THOMPSON ,
and JOSHUA GADD did knowingly combine,
and have a tacit understanding with
conspire, confederate, agree,
others known and unknown to the
Grand Jury, to knowingly and
outside the usual course of
intentionally distribute and dispense?
professionll medical practice and for
no legitimate medical.purpose, mixtures and substances containing
detectable amounts of various controlled substances, including, but
not limited to, Oxycodone (Schedule 11), Oxycodone and Acetamin6phen
(schedule 11), Morphins (Schedule 11), in violation of Tible 21,
ited states cpde, section 841(a)(1), (b)(l)(C) and tb) (2).Un
Purposes, Ways, Manner and Means of the Conspiracy
The purposes of the conspiracy included, but were not
limited to; the following:
To prescribe as many Oxycpdone, Oxycodone and
Acetaminophen, and Morphine pills, among other drugs, as possible,
irrespective of legitimate medical purpoée for presqribing them,
Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 5 of 20
to generate profits. To accomplish this purpose, the defeniant, ROMIE
ROLAND, M .D., with the knowing involvement and participation of
ANTHONY LICATA , CHARLYN CARTER , and ADRIAN SINGLETARY , would
prescribe excessive amounts of Oxycodone, Oxycodone and
Acetaminophen, and Morphine, for other than a legitimate medical
purpose and not in the usual course of professional treatment, thus
causing, aiding, abetting, and facilitating the misuse, abuse, and
further distribution of the controlled substances.
It was part of the conspiracy that ROMIE ROLAND, M.D . would
prescribe Schedule 11 controlled substances, such as Oxycodone,
Oxycodone and Acetaminophen, and Morphine, at a patient's first
appointment without conducting a thorough medical examination, which
thus did not result in a legitimate diagnosis justifying the
prescriptionp of the controlled substances. Further, the defendant,
ROLAND, prescribed these drugs in amounts and dosage combinations
that exceeded that required for legitimate medical treàtment and
aroused suspicion from pharmacists. At later follow-up visits, the
defendant, ROLLND, wrote additional prescriptions with no or limited
further medical evaluation that was required to continue writing
préscriptions at the dosages indicated on the prescriptions. Further,
ROLAND prescribed i'throwaway'' prescriptions - prescriptions for
non-contrdlled substances that he knew would not always be filled
by patients - and developed other practices and procedures to avoid
being detected and targeted by law enforcement.
Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 6 of 20
The défendants, ROMIE ROLAND, M.D., ANTHO;Y LICATA,
LYN CARTER, and ADRYAN SJNGLETARY, continued prescribingCHAR
controlled substanceà even after hearing patients talk about
diversion, ignoring obvious indications of misuse. The Clipics
serviced an inordinate amount of people, most having traveled from
out-of-state. LICATA nade it a practice of the Clinics to charge
out-of-state patients more for a visit than patients from Georgia.
It was futther part of the conspiracy that the defendants,
DANTE CUMMINGS, ANTHONY FERGUSQN, DANNY THOMPSON, and JOSHUA GADD,
w6uld sponsor other patients' visits to the Clinics.. CUMMINGS,
THOMPSON, FERGUSON, and GADD Would contact the Clinics, arrange for
multiple patients to be seen by the physician, apd often times pay
for each patient's visit. After these patients obtained
prescriptions for controlled substancqs, the prescripfions were
filled at pharmacies around the nation, and the narcotics were
distributed for a profit.
Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 7 of 20