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Date: 08-04-2018

Case Style:

United States of America v. Dr. Dwight L. Bailey

Western District of Virginia Federal Courthouse - Abington, Virginia

Case Number: 1:17-cr-00029-JPJ

Judge: James P. Jones

Court: United States District Court for the Western District of Virginia (Washington County)

Plaintiff's Attorney: Janine Myatt, Nicole S. Terry and Randy Ramseyer

Defendant's Attorney: Dennis Jones

Description: Abington, VA - Lebanon Doctor Convicted of Federal Drug Distribution Charges Following Two Week Jury Trial

Dr. Dwight L. Baily Found Guilty of 63 Charges Including Drug Conspiracy

A medical doctor who operated two rural healthcare practices in Lebanon, Virginia was convicted on August 1, 2018 of federal drug and healthcare fraud charges.

Following more than two weeks of trial in U.S. District Court in Abingdon, Dr. Dwight L. Bailey, 65, of Lebanon, Va., was convicted of all 63 counts charged against him. Bailey, who operated Family Healthcare Associates of Southwest VA and Ridgewood Health Care Clinic, was convicted of illegally prescribing drugs to his patients. Evidence at trial established that Dr. Bailey and the other providers in his office continually wrote prescriptions for opiates, benzodiazepines, and sleeping pills to patients who were clearly misusing, abusing, and diverting those controlled substances. Most of the patients at Bailey’s clinic were receiving an opiate and/or a benzodiazepine. Bailey’s income from his clinic and work at the emergency room topped $750,000 in a single year.

Specifically, Dr. Bailey was convicted of one count of conspiracy to distribute schedule II controlled substances without a legitimate medical purpose, one count of conspiracy to distribute schedule III controlled substances without a legitimate medical purpose, one count of conspiracy to distribute schedule IV controlled substances without a legitimate medical purpose, one count of conspiracy to distribute suboxone, one count of conspiracy to commit health care fraud, 24 counts of distribution of schedule II controlled substances without a legitimate medical purpose, three count of distribution of schedule III controlled substances without a legitimate medical purpose, 32 counts of distribution of a schedule IV controlled substances without a legitimate medical purpose, and one count of maintaining a place for the purpose of distributing controlled substances.

“This conviction underscores our office’s commitment to holding healthcare providers, who put greed above the safety of their community and patients, accountable for their role in the opioid crisis,” said First Assistant United States Attorney Bubar. “As a top priority, we will continue to vigorously prosecute those responsible for causing opioids to devastate our communities.”

“Prescription drugs have played a major role in the ongoing opioid crisis in Virginia and medical professionals who illegally distribute these highly addictive drugs need to be brought to justice,” said Attorney General Mark Herring. “My team and I have worked hard to bring enforcement action against hundreds of medical professionals who have overprescribed, distributed or stolen prescription drugs as part of our approach to combating the opioid crisis. I want to thank the U.S. Attorney’s office for their partnership in this case.”

The investigation of the case was conducted by the Virginia Medicaid Fraud Control Unit and the Virginia State Police.


Charge:

21:841A=CD.F - CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE - 21:841(a)(1) and 841(b)(1)(E) - Suboxone (11/5/2012)
(2-3)

Outcome: 08/01/2018 83 Redacted Transcript as to Dwight L. Bailey for Jury Trial Excerpt (Testimony of Dr. Dragovich) for dates of 7/23/2018 re 79 Sealed Transcript (jw)
08/01/2018 84 Final Jury Instructions as to Dwight L. Bailey (lml)
08/01/2018 85 Minute Entry for proceedings held before Judge James P. Jones:Jury Trial - Day 11 as to Dwight L. Bailey held on 8/1/2018 (Court Reporter: Judy Webb, OCR) (lml)
08/01/2018 86 Jury Question as to Dwight L. Bailey (lml)
08/01/2018 87 JURY VERDICT as to Dwight L. Bailey (1) Guilty on Counts 2-3. (lml)
08/01/2018 89 NOTICE OF HEARING as to Dwight L. Bailey (BOND) (CR) (No Interpreter requested) Sentencing set for 1/3/2019 01:30 PM before Judge James P. Jones.(lml)


Guilty

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