Paul M. O’Brien
United States Attorney
Ty Howard
Assistant United States Attorney
615-736-5151
FORMER CLARKSVILLE MAN SENTENCED FOR INTERNET DRUG FRAUD SCHEME
Nashville, TN - September 19, 2007- Paul M. O’Brien, United States Attorney for the Middle District of Tennessee, announced that Dwight Lewis, formerly from Clarksville, Tennessee, was sentenced last week to 29 months in prison by Senior United States District Judge Robert Echols.
Lewis plead guilty on May 22, 2007, to conspiracy to commit mail and wire fraud, mail fraud, and wire fraud in connection with an Internet drug fraud scheme.
According to the Indictment and evidence introduced during the plea hearing, Dwight Lewis, along with two other individuals established an Internet website named www.painow.com, which advertised the sale of hydrocodone. Under federal law, hydrocodone, the name for a particular addictive prescription painkiller, is classified as a controlled substance. When hydrocodone is legally prescribed for a legitimate medical purpose, it is typically used to combat acute, severe pain. Accordingly, a legitimate prescription issued for hydrocodone is usually for a modest number of pills to be taken over a short period of time.
In November 2005, the defendant and another individual established an Internet website named www.painow.com for the purpose of advertising the sale of hydrocodone. Customers interested in purchasing hydrocodone completed an order form, and in some instances, a medical questionnaire. The defendant did not require customers to provide a prescription before placing an order. After customers placed an order with the Internet site, the defendant sent an e-mail confirming the order. The e-mail confirmed the name of the customer, the shipping address, the quantity ordered, the price per shipment, and confirmed that the order had been shipped. However, instead of shipping hydrocodone as advertised, the defendant defrauded customers by selling them Tylenol. According to the government, each package shipped by the defendant contained a prescription bottle containing a drug purporting to be hydrocodone prescribed by a physician. The defendant admitted in court that he knew new that the contents of the bottles contained Tylenol, not hydrocodone as advertised.
The defendant's scheme came to light in December 2005 after agents with the Drug Enforcement Administration received information from employees at Federal Express ("FedEx") concerning a number of suspicious packages at the FedEx hub. According to FedEx, there were a large number of packages with the same return address of Livingtson, DBS,14781 Memorial Drive, Houston, Texas or DBS 14781 Memorial Drive, Houston, Texas. The packages were addressed to individuals throughout the United States. FedEx personnel became suspicious because the packages all bore the same return address in Houston, Texas even though all of the packages were dropped off at FedEx boxes in the Nashville, Tennessee area. In total, there were over 600 packages deposited with FedEx for delivery.
On December 21, 2005, DEA agents along with DEA Diversion Investigators proceeded to the FedEx office to examine the packages. It was discovered that the packages contained a COD return label bearing the address of DBS 2400 Chris Drive, Clarksville, Tennessee 37043. Within each package was a prescription type bottle bearing the following label: PAIN-RELIEF.COM, RX #10108, TAKE ONE TABLET EVERY 4-6 HOURS AS NEEDED FOR PAIN NO REFILLS. Each bottle contained approximately 75 white tablets bearing the markings/imprint code L014. Diversion investigators determined that this imprint code refers to Tylenol, not hydrocodone as listed on the bottle.
On December 23, 2005, Special Agents with the Food and Drug Administration office of Criminal Investigations obtained a federal search warrant for Lewis' residence. In the residence, agents recovered boxes containing numerous empty prescription type bottles and FedEx records. Lewis was interviewed and admitted that he and another individual were involved in an Internet scam in which they advertised the sale of hydrocodone but only shipped Tylenol. Lewis stated that he planned this scheme in September or October 2005 after reading about a similar scheme on the Internet.
Lewis admitted that he advertised the sale of hydrocodone in various strengths and amounts. Customers had the option of purchasing shipments of 30,60, or 90 tablets. After customers placed an order, he sent an e-mail confirming the order. The e-mail confirmation indicated that all orders were being shipped cash on delivery ("COD") and would be sent by either FedEx and/or UPS.
Lewis stated that after he began advertising the sale of hydrocodone, he began receiving orders from individuals throughout the United States and was overwhelmed with the number of orders that he received. Lewis indicated that he believed that he shipped at least 900 bottles of Tylenol.
Based on e-mails recovered from Lewis' computers, agents were able to identify a number of the customers who placed orders with www.painow.com. FDA agents and DEA Diversion agents interviewed a number of the individuals throughout the United States that placed orders with the web site. Many of the customers admitted that they had either purchased, or attempted to purchase hydrocodone, from Lewis' website. Most of the customers had a similar experience. They had either learned about the website from a friend or discovered the site by doing an Internet search. After viewing the website, they placed an order off the Internet and after doing so, received an e-mail confirming their order. The customers indicated that after they placed an order a package arrived COD from either Fed Ex or UPS. Most of the customers paid for the shipments with money orders. After receiving the packages, the customers quickly realized that they received Tylenol, not hydrocodone.
The case was investigated by the Food and Drug Administration Office of Criminal Investigations and the Drug Enforcement Administration.
U.S. Attorney Paul M. O’Brien and Assistant U.S. Attorney Ty Howard represented the United States.