Pharmacy Law
 
United States of America v. Monty Ray Grow Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Tampa Resident Convicted for Involvement with Tricare Health Care Fraud Scheme

Tampa resident convicted in federal court in the Southern District of Florida for his involvement in Tricare health care fraud scheme, kickbacks and money laundering.

On February 5, 2018, a federal jury in Miami unanimously convicted Monty Ray Grow, 46, on 18 criminal counts including consp

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San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc

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United States of America v. Shawn Michael Kerby Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Des Moines, IA - Former Des Moines Dentist Sentenced to Prison for Unlawfully Obtaining Hydrocodone and Firearm Offenses

Shawn Michael Kerby, 39, formerly of Des Moines, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 20 months in prison for obtaining hydrocodone by misrepresentation and being a user and addict of a controlled substance in possession of a

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United States of America v. David E. Schultz Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - St. Louis County Man Sentenced for Scamming Individuals

David E. Schultz defrauded multiple victims by falsely stating that he could provide various legal remedies to them. He demanded victims provide him cash or assets, such as jewelry, gold, silver, and other items of value that could quickly be converted into cash in exchange for future services. Schultz demanded victi

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Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act

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United States of America v. Michael Pilate District of New Jersey Federal Courthouses

Camden, NJ - Pleasantville Guidance Counselor Admits Health Care Fraud Conspiracy Targeting State Health Benefits Programs

A guidance counselor with the Pleasantville public school district today admitted defrauding New Jersey state health benefits programs and other insurers out of over $3 million by submitting fraudulent claims for medically unnecessary prescriptions, U.S. Attorney Crai

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United States of America, ex rel. Steve Greenfield v. Medco Health Solutions, Inc., et al. District of New Jersey Federal Courthouses

Accredo Health Group, Inc., a specialty pharmacy that provides home care for patients with hemophilia (a rare condition that prevents blood from clotting properly), made donations to charities, two of which allegedly recommended Accredo as an approved provider for hemophilia patients. This raises whether the donations came with something expected in return for the recommendations, which might trig

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Erotic Service Provider Legal Education and Research Project v. Georg Gascon, etl. Northern District of California Federal Courthouse - San Francisco

Plaintiff-appellant Erotic Service Provider Legal,
Education & Research Project; K.L.E.S.; C.V.; J.B.; and
John Doe (collectively, “ESP”) appeal the district court’s
dismissal of their 42 U.S.C. §1983 action. ESP claims that
Section 647(b) of the California Penal Code, which
criminalizes the commercial exchange of sexual activity,
violates: (1) the Fourteenth Amendment subs

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United States of America v. Eric Lamont Bates and Yasar Jamal Burnett Southern District of Ohio Federal Courthouse - Dayton, Ohio

Dayton, OH - Two Pharmacy Robbery Defendants Sentenced

Two Indianapolis men were sentenced on January 11, 2018 in U.S. District Court for conspiring to rob a Middletown pharmacy of morphine and oxycodone on April 29, 2017 for the purpose of selling the drugs on the street.

Eric Lamont Bates, 20, was sentenced to 96 months in prison and Yasar Jamal Burnett, 18, was sentenced to 72

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Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin

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Christopher M. Beaty v. State of Indiana

On January 25, 2017, Sarah Gustin (Gustin) was introduced to Beaty through a
mutual friend. They spent time together the next day, and on January 27, 2017,
Gustin drove Beaty to the outskirts of Greenfield, Hancock County, Indiana, in
order to meet one of his friends regarding “[a] [m]eth deal.” (Tr. p. 81). The
friend, identified simply as “Taylor,” got into Gustin’s vehicl

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State of Ohio v. MAX S. STRUBLE

On March 30, 2016, Patrolmen Michael Bruening and Ryan Butler of the
Mentor City Police Department were engaged in a theft investigation involving various
retail stores on Mentor Avenue. As part of the theft detail, the officers surveilled parking
lots of stores for suspicious behavior. The officers wore civilian clothes and drove an
unmarked vehicle. They were on the lookou

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United States of America v. Michael Bickford United States District Court for the District of Vermont

Burlington, VT - Perkinsville Man Pleads Guilty in Armed Pharmacy and Bank Robbery Case

Michael Bickford, age 38, formerly of Perkinsville, Vermont, pled guilty on December 18, 2017 in the United States District Court in Burlington to charges stemming from the December 5, 2016 armed robbery of the River Street Pharmacy in Springfield, Vermont. Bickford also admitted to the armed robberie

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Department of Alcohol Beverage Control v. Alcohol Beverage Control Appeals Board, Respondent, Garfield Beach CVS, LLC, Real Parties in Interest

A CVS clerk sold a can of Coors Light to a minor decoy working for the
Department of Alcoholic Beverage Control (the Department). The sole issue in these
writ proceedings is whether the minor made a face-to-face identification of the seller as
required by California Code of Regulations, title 4, section 141 (hereafter Rule 141),
subdivision (b)(5). The Department suspended Garfield

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STATE OF LOUISIANA V. ROBERT SINEGAL AKA, ROBERT SENEGAL Man leads state police on high-speed chase in Acadiana

On September 25, 2015, agents with the Louisiana Department of
Corrections, Office of Probation and Parole, as well as officers from the Kaplan
Police Department and members of the canine unit, arrived at a residence to
execute a parole warrant on Robert Sinegal. After the officers located him and
collected evidence inside the residence, the State charged the defendant, Robert

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Daniel Lucas Brooks v. The State of Texas

David Herron and Appellant attended middle and high school together. Herron graduated
from the University of North Texas with a degree in creative writing. He went through several
stints in treatment centers and rehabilitation facilities for heroin addiction. Herron and Appellant
re-connected via Facebook in late 2012. Herron’s Facebook page referenced violent rap music
lyr

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United States ex rel. Darla Reid v. Med-Fast Pharmacy, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - Iserve Technologies, Inc. Pled Guilty in Connection with Guilty Pleas of Former Exec and Manager of Med-Fast Pharmacy Inc.

Individuals and entities associated with Med-Fast Pharmacy, Inc. (“Med-Fast”) have resolved criminal and civil charges associated with Med-Fast’s improper submission of claims to the Medicare and Medicaid programs.

Iserve Technologies, Inc.,

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Mary Beth Mantiply v. Richard D. Horne and Patricia Nelson Horne Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Mary Mantiply appeals the district court’s order awarding Richard and Patricia Horne1 the attorneys’ fees and costs that they incurred because of her unsuccessful appeal of the damages award to the Hornes for her violation of the Bankruptcy Code’s automatic stay provision. This case involves an issue of first impression in this Circuit: whether the Bankruptcy Code authorizes payment of attorneys’

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United States of America v. Walid H. Abdulla District of Nevada Federal Courthouse - Las Vegas, Nevada

Las Vegas, NV - Man Sentenced To Over 6 1/2 Years In Prison For Committing Two Armed Robberies One Week Apart

A Las Vegas man was sentenced on December 5, 2017 to 67 months in prison and three years supervised release in connection with two armed robberies committed one week apart.

Walid H. Abdulla, 65, pleaded guilty to one count of bank robbery and one count of interference wit

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United States of America v. Brian David Haney and Kevin Michael Gray Western District of Texas Federal Courthouse - Austin, Texas

Austin, TX - Vidor, TX, and Houston Area Pharmacists Sentenced to Federal Prison on Bribery and Tax Charges in Connection with Health Care Fraud Scheme

In Austin on December 1, 2017, a federal judge sentenced Brian David Haney, 38-year-old partial owner of Vidor Pharmacy and Kevin Michael Gray, 45-year-old operator of Family Pharmacy, Inc., in the Houston area, each to 28 months in federa

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United States of America v. Penitas Family Pharmacy, Omar Espericueta and Oscar Elizondo Southern District of Texas Federal Courthouse - McAllen, Texas

McAllen, TX - Pharmacy Owner Pleads Guilty In Connection with Health Insurance Fraud Scheme

The 45-year-old owner of Penitas Family Pharmacy has pleaded guilty in connection with a scheme to defraud Blue Cross Blue Shield of Texas. Omar Espericueta, of Palmhurst, pleaded guilty on December 1, 2017, joining co-defendant Oscar Elizondo, 47, of Pharr, who also pleaded guilty.

Both

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United States of America v. Billy K. Groce District of Virginia Federal Courthouse - Abington, Virginia

Abingdon, VA - Knoxville Man Sentenced for Conspiring to Defraud the FDA - Billy Groce Illegally Shipped and Sold Veterinary Drug

A Tennessee man, who operated a business that unlawfully distributed prescription animal drugs to evade existing Food and Drug Administration laws, was sentenced on November 29, 2017 in the United States District Court for the Western District of Virginia in Ab

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UNITED STATES OF AMERICA, EX REL ANTHONY R. SPAY v. CVS CAREMARK CORPORATION; CAREMARK RX UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Part D of the Medicare program is a voluntary prescription drug benefit program that subsidizes the cost of prescription drugs and prescription drug insurance premiums for Medicare enrollees.2 The Part D program operates as a public-private partnership between the Centers for Medicare and Medicaid Services (“CMS”) and government contractors. CMS contracts with private insurance companies called “S

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Ruben Lee Allen v. The State of Texas Court of Appeals For The First District of Texas

Kannan Rajan, the complainant, testified that as the pharmacist at the BZ
Pharmacy in Harris County, Texas, he was responsible for handling the money in
the pharmacy’s cash register, the prescription medications, and other property of the
pharmacy. On September 11, 2015, while his assistant technician was on break and
he was alone in the pharmacy, the complainant went to the r

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United States of America, ex rel. Anthony R. Spay v. CVS Caremark Corporation Third Circuit Court of Appeals - Philadelphia, Pennsylvania

We are asked to consider the viability of two potential defenses to an alleged False Claims Act violation that arise in the context of the Medicare Part D Program: the government knowledge inference, which can defeat a finding of scienter in certain circumstances, and the element of materiality.1 The District Court relied upon the government knowledge inference doctrine in dismissing the claims. A

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