One of the cases from this investigation has resulted in a pharmacist and pharmacy each pleading guilty in federal court to one federal count of distributing oxycodone and one count of money laundering relating to the revenue generated by the sales.
On April 29, 2019, California pharmacist Pauline Tilton and her pharmacy Oasis Pharmacy pleaded guilty to a federal charge of illegally distributing the opioid oxycodone, admitting in the plea agreement that she filled hundreds of counterfeit prescriptions. The red flag in this case was that the DEA number of the prescribing physician on the prescriptions was of a retired doctor.
According to the plea agreement, from mid-2017 to July 2017, Pharmacist Tilton filled at least 345 fraudulent prescriptions for oxycodone. The prescriptions were written under the name and DEA registration number of a retired doctor. Ms. Tilton admitted knowing the prescriptions were fraudulent, outside the usual scope of professional practice, and without a legitimate medical purpose.
As a result of the 345 prescriptions, Ms. Tilton and Oasis Pharmacy were held responsible for illegally diverting approximately 62,100 tablets of oxycodone. Many of the fraudulent oxycodone prescriptions also included prescriptions for alprazolam and promethazine with codeine. Those three drugs – oxycodone, alprazolam, and promethazine with codeine – are now being called the “Holy Trinity,” a frequently abused and life-threatening cocktail of controlled substances. The similar and repeated prescriptions are another red flag.
The government alleged that in return for filling the fake prescriptions, Ms. Tilton and Oasis Pharmacy received $268,621 of cash proceeds which were deposited into her bank account but are considered "illegal drug distribution" funds since she knew the prescriptions were fraudulent. This is the source of the money laundering count even though the cash was deposited in bank accounts.
This is a joint investigation by the Drug Enforcement Administration; the U.S. Department of Health and Human Services, Office of Inspector General; IRS Criminal Investigation; and the California Board of Pharmacy. Sentencing is scheduled for August 12, 2019.
This is why each prescription for controlled substances needs to be reviewed by pharmacists for red flags as there is a corresponding duty of the pharmacist to ensure that they are for a legitimate medical purpose. Even one prescription that is fraudulent could result in a charge. The payment of cash for these expensive medications is also a red flag since usually patients ill enough to be prescribed oxycodone will have health insurance or can obtain it if they are destitute.
Posted by Tracy Green, Esq.
Green and Associates, Attorneys at Law
