Date: 03-14-2024

Case Style:

United States of America v. Gregory J. Gerber

Case Number:

Judge: James R. Knepp, II

Court: The United States Court for the Northern District of Ohio

Plaintiff's Attorney: The United States Attorney’s Office for Cleveland

This case is being prosecuted by Assistant United States Attorney Megan R. Miller.

Defendant's Attorney:

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Description:

Cleveland, Ohio criminal defense lawyer represented the Defendant charged with Illegally Dispensing Drugs .

Sandusky Doctor Sentenced to Prison for Illegally Dispensing Drugs to Patients

Gregory J. Gerber, age 58, of Port Clinton, Ohio, was sentenced to prison by U.S. District Judge James R. Knepp, II after earlier pleading guilty to illegally dispensing narcotics to patients. Gerber was sentenced to 42 months imprisonment to be followed by one year of home confinement for the first of 3 years of supervised release. Gerber was also ordered to pay a $100 special assessment and restitution in the amount of $861,892.13.

According to testimony and court records, from January 2010 to August 2018, Gerber repeatedly prescribed controlled substances outside the usual course of professional practice and not for a legitimate medical purpose, including powerful painkillers such as fentanyl, oxycodone, oxymorphone and other drugs. Gerber distributed narcotics that were not medically necessary by writing controlled substance prescriptions without first performing adequate patient physical examinations. He also used faulty diagnoses to prescribe excessive doses of controlled substances for long periods of time without evidence that the controlled substances were helping the patients, all while ignoring signs of addiction and drug abuse among those patients.

Gerber, who operated Gregory J. Gerber, M.D. LLC on Hayes Avenue in Sandusky, also profited significantly from prescribing Subsys, a particular branded formulation of fentanyl manufactured by Insys Therapeutics, Inc. Between 2013 and 2016, Gerber received $175,000 from Insys for promoting the drug through Insys’s speaker’s bureau program. During that same time, Gerber wrote 835 prescriptions for Subsys.

“When he became a physician, Dr. Gerber vowed to care for his patients—to heal, not harm,” said U.S. Attorney Becky Lutzko. “But Dr. Gerber violated both federal law and his oath when he illegally distributed addictive painkillers to his patients. The Northern District of Ohio, like many districts throughout the country, continues to combat a staggering opioid crisis. My Office and our law enforcement partners are dedicated to investigating and prosecuting physicians who abuse their positions of trust by unlawfully prescribing medically unnecessary opioid prescriptions and endanger their patients’ lives.”

“Abusing one’s position as a trusted healthcare provider by deliberately harming others for personal gain is disgraceful,” said FBI Cleveland Special Agent in Charge Greg Nelsen. “Gregory Gerber exhibited a blatant disregard for his patients’ wellbeing and instead, purposefully sought ways to capitalize on—and at times, contribute to—a worsening condition.

The FBI will continue to work with our federal, state and local partners to find and investigate practitioners in the medical community who target and victimize vulnerable populations.”

“Physicians are expected to be trusted individuals within the communities they serve. The defendant’s actions placed patients at risk of harm and further burdened the federal health care system through his illegal conduct,” said Mario M. Pinto of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Chicago Region. “HHS-OIG will continue to work with our law enforcement partners to ensure that those who endanger beneficiaries of our federal health care programs are brought to justice.”

“This disgraced doctor violated the most important oath—to do no harm,” said Ohio Attorney General Dave Yost. “No punishment can reverse the damage of the opioid crisis, but we are fortunate to have investigators and partner agencies that root out these criminal schemes.”

This case was investigated by the FBI, Drug Enforcement Administration, Health and Human Services – Office of Inspector General, Ohio Attorney General’s Healthcare Fraud Section and Ohio Board of Pharmacy. This case is being prosecuted by Assistant United States Attorney Megan R. Miller.

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Outcome:

Defendant was found guilty and sentenced to 42 months imprisonment to be followed by one year of home confinement for the first of 3 years of supervised release. Gerber was also ordered to pay a $100 special assessment and restitution in the amount of $861,892.13.

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