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missjbean2
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Reged: 09/09/03
Posts: 16
Loc: somewhere over the rainbow
Re: New OP in R&D phase consider CII's
      11/25/03 11:11 AM

Billy,

I believe this is the case you are referring to and Dave Roberts is NOT an MD he has an EdD.

SUCCESS123.COM
Carl D. Roberts insists all he wanted to do was help people. After his wife
was hit by a drunk driver, he set up a Web site in his home in Powell,
Tenn., to find innovative drugs for treating brain injuries. But his site
turned into something entirely different, federal prosecutors maintain.
According to court records, success123.com (also known as the Mail Order
Pharmacy) was a portal for customers seeking OxyContin. For as much as $500,
subscribers could purchase "gold" and "deluxe" memberships that provided
exclusive access to suppliers in Mexico, the Netherlands and elsewhere.
Roberts pleaded guilty to dispensing controlled substances in September 2002
and was sentenced to 57 months.
Aiding Roberts with his site were others he met online.
Frank N. Assaf Jr. had connections to a Mexican pharmacist who supplied him
with thousands of OxyContin tablets. Gold members e-mailed orders to Assaf.
Between 2000 and 2002, he received about $2.1 million. Assaf kept cash in
two safes at his Tucson home and in bank accounts under aliases, including
one in Riga, Latvia. In a November 2002 raid, agents found 50,200 pills,
ampules and tablets at the house. According to Assaf's computer inventory,
two customers had spent more than $50,000 and 22 had spent more than
$20,000. In August, Assaf pleaded guilty to illegally distributing OxyContin
and was sentenced to 44 months.

This was posted on the VIP board under the Washington Post series.

Another reference to this story
United States v. Carl David Roberts, (E.D. Tenn.).

On January 15, 2003, Roberts was sentenced to a prison term of 57 months. Roberts was chief administrator of an Internet business that used sophisticated technology to sell prescription drugs, including Schedule II narcotics, without any medical supervision. He had directed an organization that sold drugs from within the U.S., and from abroad. His organization included drug suppliers from Mexico, the Netherlands, and Ecuador. In September 2002, he pled guilty to distribution of controlled substances and conspiracy to violate the FD&C Act.

http://www.hhs.gov/asl/testify/t030327b.html


It is my opinion that unless this MD that is considering prescribing ScheduleII's opens up a pain clinic where in people fly in or drive to see him face to face he will be shut down and risk the loss of his ability to write any scheduled meds. It seems unlikely that given the current climate regarding Schedules 3-5 that an OP prescribing Sceduled II's will fly under the DEA radar.


I am not an expert in law. My thoughts on this stem from a common sense approach. I think it is commendable that this MD wants to help those in need of SII's My feeling is his best bet would be to consider opening a pain clinic where he could establish a face to face doctor/patient relationship.

Jilly

--------------------
...in the end only kindness matters.

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* New OP in R&D phase consider CII's padmakara 11/03/03 07:40 AM
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