72 Month Prison Term for Conspiring to Distribute Prescription Drugs Not Prescribed by a Doctor Over Unlicensed Internet Pharmacy

A Florida woman was sentenced in the U.S. District Court for the Southern District of Florida to serve 72 months in prison, followed by 24 months of supervised release, for operating and facilitating the operation of an Internet-pharmacy business that illegally shipped over $1.5 million of pharmaceuticals since July 2007 to U.S. and overseas purchasers.


According to the indictment, the woman owned an Internet-pharmacy business used to advertise, sell and distribute a wide variety of controlled substances and prescription drugs in the United States and abroad. Since May 2009, her co-defendant, an Illinois man, supplied her with the prescription drug known as Adderall, which contains amphetamine, a Schedule II controlled substance.


The drugs distributed by the woman’s business included Adderall, Ritalin (containing the controlled substance methylphenidate), Esbelcaps (containing a combination of the controlled substances fenproporex and diazepam), and other controlled and non-controlled substances.


“This prosecution aims to curb the flow of dangerous drugs into the hands of United States citizens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division of the U.S. Department of Justice. “The controlled substance drugs allegedly sold by the defendants were not dispensed by U.S. licensed pharmacies, and were not prescribed by any physician.”


The woman pled guilty to the lead count of the indictment, which charged her and her co-defendant with conspiring to possess with the intent to distribute Adderall. According to her plea agreement, the woman agreed to forfeit two vehicles and not to oppose a judgment against her in the amount of $36,112, as gross proceeds of the offense to which she pleaded guilty. Her co-defendant awaits sentencing on June 3, 2013.


See the DOJ Announcement


See also Medical Law Perspectives, March 2012 Report: Off-Label Use of Prescriptions: When is this Medical Malpractice? Is the Pharmaceutical Company Liable for Overpromotion?