`
`3:19-cr-68
`
`Judge Walter H. Rice
`
`
`
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`GENERAL ALLEGATIONS AND TERMINOLOGY
`
`6.
`
`The Controlled Substances Act
`
`(“GSA”) governs the manufacture,
`
`distribution, and dispensation of controlled substances in the United States. The
`
`CSA and the Code of Federal Regulations (“CFR”) contain definitions relevant to
`
`this Indictment, some of which are set forth below.
`
`7.
`
`The term “controlled substance” means a drug or other substance, or
`
`immediate precursor, included in Schedule I, II, III, IV and V, as designated by
`
`Title 21, United States Code, Section 802(c)(6), and the CFR.
`
`8.
`
`The term “Schedule II” means the drug or other substance has a high
`
`potential for abuse; the drug has a currently accepted medical use with severe
`
`restrictions; and abuse of the drug or other substance may lead to severe
`
`psychological or physical dependence.
`
`9.
`
`The term “dispense” means to deliver a controlled substance to an
`
`ultimate user or research subject by, or pursuant
`
`to the lawful order of, a
`
`practitioner, including the prescribing and administering of a controlled substance.
`
`10.
`
`The term “distribute” means to deliver (other than by administering or
`
`dispensing) a controlled substance.
`
`11.
`
`The term “practitioner” means a medical doctor, physician, or other
`
`individual licensed, registered, or otherwise permitted, by the United States or the
`
`jurisdiction in which she or he practices, to dispense a controlled substance in the
`
`course of profit.
`
`
`
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`
`12.
`
`The term “pharmacist” means any pharmacist licensed by a State to
`
`dispense controlled substances, and shall include any person authorized by a State
`
`to dispense controlled substances under the supervision of a pharmacist licensed by
`
`such state.
`
`13.
`
`The Drug Enforcement Administration (“DEA”)
`
`issues registration
`
`numbers to qualifying doctors and pharmacies, who become authorized to dispense
`
`Schedule II, 11,
`
`IV, and V controlled substances. To issue a prescription for a
`
`controlled substance, a doctor or pharmacy must have a DEA registration number
`
`for each location in which they are dispensing medicine per state where dispensing
`
`controlled substances.
`
`14.
`
`A prescription for a controlled substance violates the CSA and CFR if
`
`it is issued beyond the bounds of medical practice or is not for a legitimate medical
`
`purpose in the usual course of a professional practice.
`
`15.
`
`The term “dosage” is the amount, frequency, and number of doses of
`
`medication authorized by a practitioner, who has been issued a DEA registration
`
`number.
`
`16.
`
`The term “prescription” means an order
`
`for medication which is
`
`dispensed to or for an ultimate user but does not include an order for medication
`
`which is dispensed for immediate administration to the ultimate user.
`
`17.
`
`The purpose of a urine test
`
`is
`
`to determine if the prescribed
`
`medications and/or illicit drugs (e.g., cocaine) is in the patient’s urine.
`
`
`
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`
`CONTROLLED SUBSTANCES RELEVANT TO THE INDICTMENT
`Endocet is a brand name pill that contains oxycodone, a Schedule II
`
`18.
`
`controlled substance.
`
`19.
`
`Oxycodone is a Schedule II controlled substance.
`
`20. Methadone iS a Schedule II controlled substance.
`
`21.
`
`Hydrocodone is a Schedule II controlled substance.
`
`22. Morphine is a Schedule II controlled substance.
`
`23.
`
`24.
`
`Fentanyl is a Schedule II controlled substance.
`
`Xanax is a brand name pill that contains alprazolam, a Schedule IV
`
`controlled substance.
`
`Soma is a brand name pill that contains carisoprodol. As of January
`25.
`11, 2012, Carisoprodol is a Schedule IV controlled substance.
`
`MORRIS BROWN’S ILLEGAL DISTRIBUTION OF CONTROLLED SUBSTANCES
`Defendant MORRIS BROWN Obtained his medical license in the State
`
`26.
`
`of Ohio on or around 1975, Specializing in family medicine.
`
`27.
`
`medical services through his company DAYTON PRIMARY & URGENT CARE
`
`CENTER, INC. (“DAYTON PRIMARY”),
`
`located at 301 West First Street, Suite
`
`100, in Dayton Ohio, in the Southern District of Ohio.
`
`28.
`
`On or about 2006, DAYTON PRIIWARY became a Domestic Limited
`
`Liability Company in the State of Ohio.
`
`
`
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`
`29. MORRIS BROWN was registered with federal and state authorities to
`
`prescribe schedule II-V controlled substances.
`
`30.
`
`During patient visits, MORRIS BROWN often provided only a cursory
`
`medical examination of patients before agreeing to provide them Schedule II
`
`controlled substance prescriptions.
`
`81.
`
`In many instances, MORRIS BROWN provided large amounts of
`
`controlled substance prescription medications to patients that BROWN knew or had
`
`a reasonable cause to believe were drug addicts or diverting/selling the medication.
`
`32. MORRIS BROWN rarely,
`
`if ever, counseled patients regarding
`
`alternative treatments for pain, such as physical therapy, psychological or addiction
`
`counseling, or surgery.
`
`33.
`
`As part of the patient “visit,” MORRIS BROWN, or others in his office,
`
`administered urine tests for the purpose of disguising the lack of any legitimate
`
`medical purpose for
`
`the prescription, dispensing, or distribution of controlled
`
`substances. MORRIS BROWN ignored the results of the urine tests and continued
`
`to provide controlled substances to patients.
`
`34. MORRIS BROWN also ignored information provided to him by other
`
`medical professionals about other patients exhibiting drug-seeking behavior, and
`
`continued to provide controlled substances to patients.
`
`35. MORRIS BROWN distributed and dispensed, and caused to be
`
`distributed and dispensed, controlled substances to many of his patients not for a
`
`
`
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`
`legitimate medical purpose and outside the scope of professional practice. Despite
`
`some aspects of legitimate medical practice, MORRIS BROWN ran what was, in
`
`essence, a “pill mill”— MORRIS BROWN’S primary method of treating nearly all of
`
`his patients was
`
`to prescribe highly addictive opioid controlled substances,
`
`including, but not
`
`limited to, endocet, oxycodone, methadone, hydrocodone,
`
`morphine, fentanyl, carisoprodol, and alprazolam.
`
`36. MORRIS BROWN continued these prescriptions even after learning
`
`that some of his patients had experienced overdoses, and in some cases, deaths.
`
`37.
`
`On or
`
`about October
`
`1,
`
`1986,
`
`defendant MORRIS BROWN
`
`incorporated MORRIS L. BROWN, M.D. & ASSOCIATES, INC. as a professional
`
`corporation (“BROWN & ASSOCIATES”) in the State of Ohio.
`
`38.
`
`On or about August 2005, BROWN & ASSOCIATES purchased
`
`property located at 301 West First Street, Suite 100, Dayton, Ohio.
`
`39.
`
`Between on or about 2008 and on or about 2017, DAYTON PRIMARY
`
`operated at the 301 West First Street, Suite 100, Dayton, Ohio location, owned by
`
`MORRIS BROWN.
`
`40.
`
`Between on or about 2008 and on or about 2017, MORRIS BROWN
`
`leased some of the space within at 301 West First Street, Suite 100, Dayton, Ohio to
`
`DAYTON PHARMACY.
`
`
`
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`
`41.
`
`On or about 2015, BROWN, began accepting approximately $5000 per
`
`month from the owners of DAYTON PHARMACY disguised as “rent” to allow them
`
`to continue to operate the pharmacy.
`
`42. MORRIS BROWN obtained substantial income and resources from his
`
`distribution and dispending Of controlled substances.
`
`UNLAWFUL DISTRIBUTION AND DISPENSING OF CONTROLLED
`
`COUNTS ONE THROUGH 81X
`
`THE GRAND JURY FURTHER CHARGES THAT:
`
`SUBSTANCES
`
`[21 U.S.C. § 841]
`
`43.
`
`Paragraphs
`
`1
`
`through 42 of
`
`the Indictment are realleged and
`
`incorporated by reference as though fully set forth herein.
`
`On or about the dates set forth below, in the Southern District Of Ohio, and
`
`elsewhere,
`
`the defendant MORRIS BROWN, a physician authorized to dispense
`
`controlled substances, did knowingly, intentionally, and unlawfully dispense and
`
`distribute, and cause to be dispensed and distributed, outside the usual course of
`
`professional practice and not for a legitimate medical purpose,
`
`the Schedule II
`
`controlled substances, as listed below:
`
`
`
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`Case: 3:19-Cr-00068-WHR DOC #: 7 Filed: 04/09/19 Page: 8 0f 15 PAGEID #: 33
`
`
`
`Count
`
`Endocet,
`Methadone
`
`
`Controlled
`Patient Approximate
`Date of
`Substance(s)
`
`
`Prescription
`
`1 2/2/2015
`Endocet
`RA
`
`
`2/17/2016
`Hydrocodone,
`
`
`Morphine
`
`2/23/2016
`
`
`
`
`Alprazolam,
`
`
`
`
`Oxycodone
`Methadone,
`3/23/2016
`
`Endocet
`
`
`
`2/28/2017
`Oxycodone,
`
`Fentanyl
`
`
`
`
`
`9/12/2016
`
`Endocet,
`
`Methadone,
`
`In violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 18 U.S.C. § 2.
`
`
`
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`Case: 3:19-Cr-00068-WHR DOC #: 7 Filed: 04/09/19 Page: 9 0f 15 PAGEID #: 34
`
`MAINTENANCE OF PREMISES FOR UNLAWFUL DISTRIBUTION OR
`
`COUNT SEVEN
`
`DISPENSING
`
`[21 U.S.C. § 856]
`
`44.
`
`Paragraphs
`
`1
`
`through 42 of
`
`the Indictment are realleged and
`
`incorporated by reference as though fully set forth herein.
`
`45.
`
`Beginning on or around January 2012 and continuing through on or
`
`around November 2017, in the Southern District of Ohio and elsewhere, defendant
`
`MORRIS BROWN, did knowingly and intentionally open,
`
`lease, rent, use, and
`
`maintain a place, namely the premises located at 801 West First Street, Suite 100,
`
`Dayton Ohio, for the purpose of distributing Schedule II controlled substances, and
`
`other controlled substances
`
`Allin violation of 21 U.S.C. §§ 856(a)(1), 856(a)(2) and 18 U.S.C. § 2.
`
`
`
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`Case: 3:19-Cr-00068-WHR DOC #: 7 Filed: 04/09/19 Page: 10 0f 15 PAGEID #: 35
`
`CONSPIRACY TO OBTAIN CONTROLLED SUBSTANCES BY
`
`MISREPRESENTATION, FRAUD, FORGERY, DECEPTION, 0R. SUBTERFUGE
`
`COUNT EIGHT
`
`THE GRAND JURY FURTHER CHARGES THAT:
`
`[21 U.S.C. § 846}
`
`46.
`
`Paragraphs
`
`1
`
`through 42 of
`
`the Indictment are realleged and
`
`incorporated by reference as though fully set forth herein.
`
`47.
`
`Beginning on or about January 1, 2012, within the Southern District of
`
`Ohio, and elsewhere, the defendants, ISMAIL ABUHANIEH, MAHMOUD RIFAI,
`
`MAHMOUD ELMIARI, YOHANNES TINSAE, and others known and unknown to
`
`the grand jury, did knowingly,
`
`intentionally, and unlawfully combine, conspire,
`
`confederate, and agree together with others known and unknown to the grand jury
`
`to knowingly,
`
`intentionally, and unlawfully acquire and obtain possession of
`
`controlled substances by misrepresentation,
`
`fraud,
`
`forgery,
`
`deception,
`
`and
`
`subterfuge.
`
`In violation of Title 21, United States Code, Section 846 and Title 21,
`
`United States Code, Sections 843(a)(3).
`
`OBJECT OF THE CONSPIRACY
`
`The object of the conspiracy included, but was not limited to, the following:
`
`48.
`
`For defendants to enrich themselves by obtaining proceeds of the
`
`conspiracy derived from DAYTON PHARMACY’S sale of controlled substances to
`
`customers.
`
`10
`
`
`
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`
`49.
`
`During the course and in furtherance of the conspiracy, in or about
`
`MANNER AND lVlEANS
`
`June 2008, defendant ISMAIL ABUHANIEH incorporated Haya LLC with the Ohio
`
`Secretary of State with an address of 301 West First Street, Suite 100, Dayton,
`
`Ohio. Haya LLC did business under the name DAYTON PHARMACY.
`
`50.
`
`During the course and in furtherance of the conspiracy, in or about
`
`August 2008, MAHMOUD RIFAI applied for and was granted a DEA registration
`
`for DAYTON PHARMACY to allow DAYTON PHARMACY to dispense controlled
`
`substances, including Schedule II controlled substances.
`
`51.
`
`During the course and in furtherance of the conspiracy,
`
`ISMAIL
`
`ABUHANIEH and MAHMOUD RIFAI held themselves to be the owners of
`
`DAYTON PHARMACY located at 301 West First Street, Suite 100 in Dayton, Ohio.
`
`52.
`
`During the course and in furtherance of the conspiracy, between
`
`approximately 2010 and 2015, YOHANNES TINSAE was the pharmacist in charge
`
`at DAYTON PHARMACY located at 301 West First Street, Suite 100 in Dayton,
`
`Ohio.
`
`53.
`
`During the course and in furtherance of the conspiracy, between
`
`approximately on or about 2010 and on or about 2017, MAHMOUD ELMIARI was
`
`the pharmacy manager at DAYTON PHARMACY located at 301 West First Street,
`
`Suite 100 in Dayton, Ohio.
`
`11
`
`
`
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`
`54.
`
`During the course and in furtherance of the conspiracy,
`
`ISMAIL
`
`ABUHANIEH incorporated DAYTON PHARIVIACY as a limited liability company in
`
`the State of Ohio.
`
`55.
`
`During the course and in furtherance of the conspiracy, on or about
`
`August 2008, MAHMOUD RIFAI applied for, and was granted, a DEA license to
`
`dispense and distribute controlled substances,
`
`including Schedule II controlled
`
`substances, for DAYTON PHARMACY. On or about May 2017, MAHMOUD RIFAI
`
`reapplied using the DEA website for DAYTON PHARMACY’S DEA license.
`
`56.
`
`During the course and in furtherance of the conspiracy,
`
`ISMAIL
`
`ABUHANIEH, MAHMOUD RIFAI, and MAHMOUD ELMIARI opened bank
`
`accounts for use by DAYTON PHARMACY to fund aspects of the conspiracy.
`
`57.
`
`During the course and in furtherance of the conspiracy, YOHANNES
`
`TINSAE and others were responsible for, and did, place orders to pharmaceutical
`
`companies to supply controlled substances to DAYTON PHARMACY, including to
`
`from SUPPLIER A, SUPPLIER B, and SUPPLIER C.
`
`58.
`
`In or around May 2012, SUPPLIER A, a pharmaceutical supplier,
`
`refused to continue to supply DAYTON PHARMACY with controlled substances.
`
`59.
`
`During the course and in furtherance of the conspiracy, in or around
`
`June 2012,
`
`ISMAIL ABUHANIEH applied to another pharmaceutical supplier,
`
`SUPPLIER B, to supply DAYTON PHARMACY with controlled substances.
`
`12
`
`
`
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`
`60.
`
`During the course and in furtherance of the conspiracy, in or around
`
`August 2014,
`
`to induce SUPPLIER B to continue to supply pharmaceuticals t0
`
`DAYTON PHARMACY, YOI—IANNES TINSAE, and others, made false statements
`
`to SUPPLIER B,
`
`to
`
`induce SUPPLIER B to
`
`sell
`
`controlled
`
`substance
`
`pharmaceuticals to DAYTON PHARMACY.
`
`61.
`
`During the course and in furtherance of the conspiracy, in or around
`
`January 2016,
`
`to induce SUPPLIER B to continue to supply pharmaceuticals to
`
`DAYTON PHARMACY, ISMAIL ABUHANIEH, MAHMOUD ELMIARI, and others,
`
`made false statements to SUPPLIER B, to induce SUPPLIER B to sell controlled
`
`substance pharmaceuticals to DAYTON PHARMACY.
`
`62.
`
`During the course and in furtherance of the conspiracy, in or around
`
`January 2017, MAHMOUD ELMIARI, and others, made false statements to a
`
`pharmaceutical supplier, SUPPLIER C,
`
`to induce SUPPLIER C to sell controlled
`
`substance pharmaceuticals to DAYTON PHARMACY.
`
`63.
`
`During the course and in furtherance of the conspiracy,
`
`ISMAIL
`
`ABUHANIEH, MAHMOUD RIFAI, MAHMOUD ELMIARI, YOHANNES TINSAE,
`
`and other conspirators known and unknown to the Grand Jury obtained substantial
`
`income and resources, and enriched themselves from the conspiracy to obtain
`
`controlled substances by misrepresentation,
`
`fraud,
`
`forgery,
`
`deception,
`
`and
`
`subterfuge.
`
`All in violation of Title 21, United States Code, Section 846.
`
`13
`
`
`
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`
`FORFEITURE ALLEGATION S
`
`The GRAND JURY further alleges:
`
`64.
`
`The allegations contained in Counts One through Eight of this
`
`Indictment are incorporated here for the purpose of alleging forfeiture pursuant to
`
`the provisions of Title 18, United States Code, Section 982.
`
`65.
`
`Upon conviction of a violation of Title 21, or United States Code,
`
`Sections 841, 846 or 856, as alleged in Counts One through Eight of this Indictment,
`
`the defendants shall forfeit to the United States, irrespective of any provision of
`
`State law
`
`a.
`
`any property, real or personal, that constitutes or is derived,
`
`directly or indirectly, as the result of such violation, including but not limited to the
`
`premises located at 301 West First Street, Suite 100, Dayton, Ohio; and
`
`b.
`
`any DEA license(s)
`
`for BROWN, ABUHANIEH, RIFAI,
`
`TINSAE, and ELMIARI;
`
`c.
`
`any of the defendants’ property used, or intended to be used, in
`
`any manner or part, to commit, or to facilitate the commission of, such violation.
`
`66.
`
`If any of the property described above as being subject to forfeiture, as
`
`a result of any act or omission of the defendants:
`
`i.
`
`ii.
`
`cannot be located upon the exercise of due diligence;
`
`has been transferred or sold to, or deposited With, a third party;
`
`iii.
`
`has been placed beyond the jurisdiction of the Court;
`
`iv.
`
`has been substantially diminished in value; or
`
`14
`
`
`
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`Case: 3:19-Cr-00068-WHR DOC #: 7 Filed: 04/09/19 Page: 15 0f 15 PAGEID #: 40
`
`V.
`
`has been commingled with other property that cannot be
`
`subdivided without difficulty;
`
`the defendants shall
`
`forfeit
`
`to the United States any other property of the
`
`defendant, up to the value of the property described above, pursuant to Title 21,
`
`United States Code, Section 853(p).
`
`All pursuant to Title 21, United States Code, Section 853(a).
`
`A TRUE BILL:
`
`C")
`
`FOR PERSON
`
`BENJAMIN C. GLASSMAN
`
`United States Attorney
`
`JOSEPH BEEMSTERBOER
`
`UNITED STATES DEPARTMENT OF JUSTICE
`
`CRIMINAL DIVISION, FRAUD SECTION
`DEPUTY CHIEF, HEALTH CARE FRAUD UNIT
`‘
`/
`
`
`
`
`
`LESLIE S. GARTHWA TE
`TOM TYNAN
`
`TRIAL ATTORNEYS
`
`UNITED STATES DEPARTMENT OF JUSTICE
`
`CRIMINAL DIVISION, FRAUD SECTION
`
`