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Date: 08-11-2020
Case Style:
United States of America v. Scott Akers, M.D.
Case Number: 7:19-cr-00007-REW-EBA
Judge: Robert E. Wier
Court: United States District Court for the Eastern District of Kentucky
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
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Description:
Pikeville, KY - The United States of America charged Scott Akers, M.D., are 48, with unlawfully distributing opioids and other controlled substances during a time when the defendants did not have a legitimate medical practice.
Defendant, a licensed physician, and Serissa Akers, 33, his wife and former office assistant, both of Pikeville, Kentucky, pleaded guilty to unlawfully distributing controlled substances. As part of the plea, Dr. Akers also agreed to a money judgement of $12,275. Sentencing for both defendants has been scheduled for Nov. 20.
As part of their guilty pleas, the defendants admitted to using Facebook messenger to sell unnecessary prescriptions for opioids. According to their plea agreement, Serissa Akers exchanged prescriptions written by Dr. Akers for cash in parking lots around Pikeville. The defendants also admitted that Dr. Akers performed no physicial examinations that would justify these parking-lot prescriptions, and failed to engage in other measures that prevent the abuse and diversion of opioids. The defendants continued operating their opioid-delivery scheme even after they came under investigation and up until the moment when Dr. Akers’s medical license was suspended.
HHS-OIG, DEA and Kentucky MFCU investigated the case. Assistant Chief Katherine E. Payerle and Trial Attorney Dermot Lynch of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky are prosecuting the case.
The Fraud Section leads the ARPO Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in ten districts, has charged more than 70 defendants who are collectively responsible for distributing approximately 50 million pills. Thus far there have been 30 guilty pleas as a result of ARPO Strike Force’s efforts. The ARPO Strike Force is part of the Medicare Fraud Strike Force Program, led by the Fraud Section. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion. In addition, the U.S. Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-Office of Inspector General, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
21:846 - CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE
(1)
21:846 CONSPIRACY TO DISTRIBUTE SCHEDULE II CONTROLLED SUBSTANCES, HYDROCODONE, OXYCODONE, FENTANYL, AND AMPHETAMINE SALTS
(1s)
21:841(a)(1) - UNLAWFUL DISTRIBUTION OF CONTROLLED SUBSTANCE AND 18:2 - AIDING AND ABETTING
(2-7)
21:841(a)(1) UNLAWFUL DISTRIBUTION OF SCHEDULE II CONTROLLED SUBSTANCES, OXYCODONE AND HYDROCODONE; 18:2 AIDING AND ABETTING
(2s-3s)
21:841(a)(1) UNLAWFUL DISTRIBUTION OF SCHEDULE II CONTROLLED SUBSTANCES, OXYCODONE AND HYDROCODONE; 18:2 AIDING AND ABETTING
(4s-7s)
21:841(a)(1) UNLAWFUL DISTRIBUTION OF SCHEDULE II CONTROLLED SUBSTANCES, OXYCODONE AND HYDROCODONE; 18:2 AIDING AND ABETTING
(8s-12s)
18:1001 FALSE STATEMENT
(13s)
Outcome: 08/07/2020 180 MINUTE ENTRY FOR REARRAIGNMENT as to Scotty R. Akers, MD: proceedings held on 8/7/2020 before Judge Robert E. Wier; Court DIRECTS the US to file, w/in 10 days, a status report addressing grounds justify imposition of a money judgment in substitution for direct seizure of identified proceeds. Dft then SHALL respond to Government's report w/in 5 days of its filing. Court GRANTS Dfts pending sealing request (DE # 177 ). Court DENIES DE # 178 and remands Dft to USMS custody. Dft pleads GUILTY to Counts 4,5,6 & 7 of Superseding Indictment. PLEA AGREEMENT accepted and filed into record. SENTENCING set for November 20, 2020 at 11:00 AM in PIKEVILLE before Judge Robert E. Wier. Dft remanded to custody. (Court Reporter SANDY WILDER) Signed by Robert E. Wier. (TDA)cc: COR,USM,USP (Entered: 08/07/2020)
08/07/2020 181 PLEA AGREEMENT as to Scotty R. Akers, MD. cc: COR,USP (TDA) (Entered: 08/07/2020)
08/07/2020 182 SENTENCING ORDER as to Scotty R. Akers, MD: 1. SENTENCING set for November 20, 2020 at 11:00 a.m. at Courthouse in PIKEVILLE. 2-15. see order for details. 16. As to USPO sentencing recommendation, Court declines to request recommendation on sentence for from USPO. 17. Following sentencing, USPO electronically docket, under seal, copy of PIR. 18. Clerk maintain written plea agreement for 1 year after conviction finality then return to USA, unless otherwise ordered. Clerk shall electronically docket any plea agreement in record. Signed by Judge Robert E. Wier on 8/7/2020. (TDA) cc: COR,USM,USP (Entered: 08/07/2020)
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Defendant's Experts:
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