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Date: 12-18-2018
Case Style:
United States of Amrica v. Dr. Philip Dean
Case Number: 4:18-cr-00220-ERW
Judge: E. Richard Webber
Court: United States District Court for the Eastern District of Missouri (St. Louis County)
Plaintiff's Attorney: Andrew J. Lay
Defendant's Attorney: F. A. White , Jr.
Description:
St. Louis, MO - Warren County Doctor Sentenced to 40 Months Imprisonment for Illegallly Distributing Opioids and Medicare Fraud
Dr. Philip Dean, 62, a resident of Warren County, Missouri, was sentenced to 40 months of imprisonment and ordered to pay restitution to the Medicare and Medicaid programs in the amount of $312,377. Dr. Dean previously pled guilty to two felony charges, illegally distributing opiate medications and making a false statement to the Medicare program, on August 22, 2018. Dr. Dean was sentenced by Senior United States District Judge E. Richard Webber.
According to his plea agreement, Dr. Dean operated a medical office in Warren County, Missouri. Dr. Dean had personal relationships with three women, living with these women for some time periods. While engaging in personal relationships with these women, Dr. Dean also prescribed them with prescription opioid pain relief medications, including Oxycodone, Hydrocodone, and several formats of Fentanyl. The two felony charges from Dr. Dean’s plea agreement involve two of these women, referred to by their initials in the plea agreement as R.W. and C.H.
Regarding patient R.W., before his prescribing decisions at issue in this case, Dr. Dean was aware that R.W. had lost her health care provider license after experiencing serious prescription drug abuse problems. Dr. Dean was also aware that R.W. had been involved in motor vehicle accidents and traffic stops by police after driving while intoxicated because of prescription drugs. Nevertheless, during 2015-16, Dr. Dean prescribed R.W. with assorted opioid medications, including a fentanyl medication that was only approved for medical use by cancer patients with break-through pain. R.W. does not have cancer. R.W. repeatedly consumed her thirty day supplies of these prescription drugs before thirty days had elapsed. Recognizing that prescribing R.W. with duplicative and overlapping prescriptions for thirty day supplies of opiates would raise suspicion, Dr. Dean repeatedly prescribed R.W. with additional opiate prescriptions using the name of R.W.’s family member. Medicare funded these prescriptions, not knowing that R.W. was ending up with these medications. Dr. Dean personally picked up and paid a co-payment for one of these hydrocodone prescriptions that he wrote for R.W. using another patient’s name.
Regarding C.H., defendant issued her a prescription for Codeine, an opiate pain medication and controlled substance, on March 31, 2017 after exchanging text messages of a personal nature with her. Dr. Dean did not examine C.H. before issuing the prescription on March 31, 2017. According to medical records seized during the execution of a search warrant at the medical office, C.H. had not visited Dr. Dean’s office since January 24, 2017.
Dr. Dean admitted in his plea agreement that his opioid prescribing decisions exposed these patients to a risk of serious bodily injury, given the potency and side effects of the drugs he was prescribing and the patients’ histories of drug problems.
Steve Hanson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “Regarding our agency’s ongoing efforts in combating our nation’s opioid crisis, our office will continue to aggressively pursue those who misuse their positions and recklessly prescribe medication to our beneficiaries.”
“Prescription opioids serve an important purpose when used legitimately for patients suffering from chronic pain and illness. In this particular case, we had a doctor with the power to write prescriptions misrepresenting the truth, supplying narcotics to people with serious addiction issues that he was aware of and bilking all of us who pay taxes while doing it. The Drug Enforcement Administration will continue to pursue these bad actors to bring them to justice. Addiction to opioids is a serious illness and we will not allow doctors to abuse their authority for personal gain,” said Special Agent in Charge William J. Callahan of the Drug Enforcement Administration.
This case was investigated by the Office of Inspector General for the U.S. Department of Health and Human Services and the Drug Enforcement Administration, with assistance from the Federal Bureau of Investigation, the Warrenton Police Department, and the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office.
Charge:
False statements relating to health care matters
(3r)
Distribution of drugs without a legitimate medical purpose
(7r)
Outcome: The defendant pleaded guilty to counts three and seven of the indictment on August 22, 2018. Counts one, two, four, five, six and eight are dismissed on the motion of the United States. The defendant is hereby committed to the Federal Bureau of Prisons to be imprisoned for a total term of 40 months. This term consists of a term of 40 months on each of counts three and seven, all such terms to be served concurrently. Upon release from imprisonment, the defendant shall be on supervised release for a term of three years, on each of counts three and seven, to be served concurrently. Restitution ordered in the amount of $312,376.96. Special assessment of each of counts three and seven, for a total of $200, due immediately.
12/11/2018 58 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge E. Richard Webber: Sentencing as to Philip D. Dean held on 12/11/2018. Parties present for sentencing. No objections to presentence report filed by either party. Presentence report adopted/accepted by Court as findings of fact. Letters received regarding defendant reviewed by the Court and made part of the record. Counts dismissed on the motion of the United States: counts one, two, four, five, six and eight. Sentence imposed. See judgment. Certificate of Compliance with Local Rule 12.07(A) provided to defendant's attorney. (Probation/Pretrial Officer: T. Jackson)(Court Reporter:Reagan Fiorino, Reagan_Fiorino@moed.uscourts.gov, 314-244-7989) (proceedings started: 8:33 a.m.) (proceedings ended: 9:02 a.m.)(Deputy Clerk: C. Long) (Defendant Location: Bond)(Attorney Appearance for USA: Andrew Lay.)(Attorney Appearance for Defense: F. A. White, Jr..) (CBL) (Entered: 12/11/2018)
12/11/2018 59 JUDGMENT as to Philip D. Dean (1), The defendant pleaded guilty to counts three and seven of the indictment on August 22, 2018. Counts one, two, four, five, six and eight are dismissed on the motion of the United States. The defendant is hereby committed to the Federal Bureau of Prisons to be imprisoned for a total term of 40 months. This term consists of a term of 40 months on each of counts three and seven, all such terms to be served concurrently. Upon release from imprisonment, the defendant shall be on supervised release for a term of three years, on each of counts three and seven, to be served concurrently. Restitution ordered in the amount of $312,376.96. Special assessment of each of counts three and seven, for a total of $200, due immediately. Signed by District Judge E. Richard Webber on 12/11/2018. (CBL) (Entered: 12/11/2018)
12/11/2018 60 STATEMENT OF REASONS for Sentence as to defendant Philip D. Dean. Signed by District Judge E. Richard Webber on 12/11/2018. (CBL) (Entered: 12/11/2018)
12/11/2018 61 NOTICE by Philip D. Dean of Certification of Compliance with Local Rule 12.07. (CBL) (Entered: 12/11/2018)
12/11/2018 Receipt CT 4644076440 in the amount of $200.00 for SPECIAL PENALTY ASSESSMENT on behalf of PHILIP D. DEAN (CCAM) (Entered: 12/13/2018)
12/11/2018 Receipt CT 4644076441 in the amount of $312376.96 for VICTIM RESTITUTION on behalf of PHILIP D. DEAN (CCAM) (Entered: 12/13/2018)
Plaintiff's Experts:
Defendant's Experts:
Comments: