United States of America v. Thomas K. Weir

Cookeville, Tennessee, criminal defense lawyers represented the Defendant charged with conspiracy to distribute controlled substances and conspiracy to commit healthcare fraud.

Reported by: Kent Morlan


Thomas K. Weir, 65, of Celina, Tennessee, the majority owner of Oakley Pharmacy, doing business as Dale Hollow Pharmacy and Clay County Xpress Pharmacy along with Co-defendants William L. Donaldson, 65, former owner and pharmacist of Dale Hollow Pharmacy; Pamela Spivey, 55, co-owner of Xpress Pharmacy; and Charles Robert "Bobby" Oakley, 74, of Manchester, Tennessee, a minority owner of Dale Hollow Pharmacy, previously pleaded guilty and were sentenced for their roles in the scheme. Donaldson was sentenced to 24 months in prison. Oakley and Spivey were each sentenced to three years of probation and ordered to pay criminal restitution.

the conspiracy operated for approximately five years and involved the unlawful dispensing of controlled substances and the submission of fraudulent claims to Medicare and TennCare.

Between 2014 and 2019, the conspirators operated Dale Hollow Pharmacy and Xpress Pharmacy in Celina, Tennessee, as sources of controlled substances for patients despite numerous red flags indicating abuse, diversion, and prescriptions issued outside the usual course of professional practice and without a legitimate medical purpose. Patients routinely traveled long distances, often in groups, to obtain controlled substances from the pharmacies.

In May and June 2016, Drug Enforcement Administration diversion investigators inspected Dale Hollow Pharmacy. The following year, Weir and others entered into a Memorandum of Agreement with the DEA addressing violations of federal regulations governing the dispensing of controlled substances. Despite that agreement, dispensing practices continued, and the volume of controlled substances dispensed by both pharmacies increased, along with clear signs of abuse and diversion.

The conspirators also submitted false and fraudulent claims to Medicare Part D plans and TennCare for controlled substances dispensed to beneficiaries, including medically unnecessary combinations of highly abused drugs. To increase prescription volume, the conspirators engaged in a kickback scheme that included paying patient co-payments, distributing a fictitious currency known as "Monkey Bucks" that could be redeemed for cash, and paying patients cash to fill prescriptions that were subsequently billed to Medicare and TennCare.

Two pharmacists-in-charge associated with the pharmacies, John Polston, 64, of Tompkinsville, Kentucky, and Michael Griffith, 41, of Mount Juliet, Tennessee, were charged separately, pleaded guilty, and cooperated with the government's investigation and prosecution. They are scheduled to be sentenced in July.

This case was investigated by the Drug Enforcement Administration, the U.S. Department of Health and Human Services Office of Inspector General, and the Tennessee Bureau of Investigation, with assistance from the Clay County Sheriff's Office and the Celina Police Department.

The Defendant elected to plead guilty to Count 1, 2, and 7 of the Indictment. Counts 3-6 of the Indictment are dismissed. Imprisonment for 24 months' custody of the Bureau of Prisons. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 p.m. on 9/18/2026. Two years supervised release, with conditions. $300 special assessment. $1,419,974.00 Restitution. Forfeiture has been ordered in the amount of a money judgment for $716,395 and his interest in Dale Hallow Pharmacy.