Opioid Enforcement Action 2022

Key Cases:

Southern District of Ohio

Eskender Getachew, M.D., 57, of Columbus, Ohio, was charged by indictment with unlawful distribution of controlled substances, in violation of 21 U.S.C. § 841(a) and 18 U.S.C. § 2, for allegedly prescribing buprenorphine, dextroamphetamine-amphetamine, and clonazepam, outside the usual course of professional practice and not for a legitimate medical purpose, while he owned Polaris Wellness and Recovery Center in Columbus. The case is being prosecuted by Trial Attorneys Andrew Barras and Christopher Jason of the Appalachian Regional Prescription Opioid (“ARPO”) Strike Force. 

Charles Kistler, M.D., 77, of Upper Arlington, Ohio, was charged by indictment with unlawful distribution of controlled substances, in violation of 21 U.S.C. § 841(a) and 18 U.S.C. § 2, for his alleged unlawful prescribing while practicing at Midtowne Family Practice Clinic in Columbus, Ohio.  According to the indictment, Kistler, a family practice physician, unlawfully prescribed hydrocodone and other controlled substances outside the usual course of professional practice and not for a legitimate medical purpose.  The case is being prosecuted by Trial Attorneys Christopher Jason and Kathryn Furtado of the ARPO Strike Force.

Southern District of West Virginia

Frederick De Mesa, 48, of War, West Virginia, was charged by indictment with unlawful distribution of controlled substances, in violation of 21 U.S.C. § 841(a), and obtaining a controlled substance using a registration number issued to another person, in violation of 21 U.S.C. § 843(a), for allegedly using the DEA registration of a relative to issue prescriptions for opioids. Specifically, according to the indictment, on two occasions De Mesa, who is not a medical professional, issued prescriptions for tramadol. This case is being prosecuted by Trial Attorney Maryam Adeyola of the ARPO Strike Force and Assistant United States Attorney Andy Isabell of the U.S. Attorney’s Office for the Southern District of West Virginia.

Eastern District of Kentucky

Loey Kousa, 59, of Paintsville, Kentucky, was charged by indictment with unlawful distribution of controlled substances, in violation of 21 U.S.C. § 841(a) and 18 U.S.C. § 2, health care fraud, in violation of 18 U.S.C. §§ 1347 and 2, and making false statements in connection with the delivery of health care services, in violation of 18 U.S.C. § 1035(a)(1) and (a)(2). These charges stem from Kousa allegedly issuing prescriptions for opioids outside the usual course of professional practice and without a legitimate medical purpose while he was the owner and operator of East KY Clinic, PLLC in Paintsville. According to the indictment, Kousa issued these unlawful prescriptions to have continued access to patients whose health care treatment was paid for by taxpayer-funded programs like Medicare and Medicaid and to bill these programs for medically unnecessary procedures for these patients. Sometimes patients waited for hours to see Kousa for their prescriptions but had interactions with him that lasted only a few minutes and sometimes only a few seconds; Kousa is alleged to have fraudulently billed these visits as if they were much lengthier and more complex. The case is being prosecuted by Trial Attorney Dermot Lynch of the ARPO Strike Force.

Jay M. Sadrinia, D.M.D, 59, of Villa Hills, Kentucky, was charged by indictment with four counts of illegal distribution of oxycodone and morphine sulfate, in violation of 21 U.S.C. § 841(a).  He is also charged with one count of illegal distribution of morphine sulfate, resulting in death or serious bodily injury, in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(C). This count has a penalty of a term of imprisonment of not less than 20 years or more than life.  These charges stem from Sadrinia allegedly issuing prescriptions for opioids outside the usual course of professional practice and without a legitimate medical purpose while he was the owner and operator of multiple dental practices in northern Kentucky, including Tristate Implant and Sedation Dentistry.  According to the indictment, in August 2018, Sadrinia issued multiple prescriptions in a short time frame to a patient who ultimately overdosed on the morphine prescribed by Sadrinia.  Sadrinia issued this patient two oxycodone prescriptions for a total of 60 pills, and two morphine prescriptions for a total of 48 pills, within an 8-day period.  The case is being prosecuted by Principal Assistant Deputy Chief Kilby Macfadden and Trial Attorney Christopher Jason of the ARPO Strike Force.

Eastern District of Tennessee

Yogeshwar Gill, 45, of Manchester, Tennessee, was charged by indictment with conspiracy to unlawfully distribute controlled substances, in violation of 21 U.S.C. § 846, unlawful distribution of controlled substances, in violation of 21 U.S.C. § 841, and maintaining a drug-involved premises, in violation of 21 U.S.C. § 856. Gill, a family medicine doctor, who owned and operated a medical practice in Manchester, was charged in connection with an alleged scheme to distribute opioids and Suboxone outside the usual course of professional practice and without a legitimate medical purpose. The case is being prosecuted by Trial Attorney Emily Petro of the ARPO Strike Force and Assistant U.S. Attorney James Brooks of the U.S. Attorney’s Office for the Eastern District of Tennessee.

Middle District of Tennessee

Contessa Holley, 45, of Pulaski, Tennessee, was charged by indictment with wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, aggravated identity theft, in violation of 18 U.S.C. §§  1028A and 2, and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a), in connection with an alleged scheme to unlawfully obtain opioids by filling fraudulent prescriptions in the names of current and former hospice patients. Holley, a former nurse and clinical director, allegedly used the personally identifiable information of her patients at two different hospices to fill unauthorized prescriptions for thousands of hydrocodone and oxycodone pills. According to the indictment, Holley used the patients’ hospice benefits to cover the costs of the unlawfully obtained prescription opioids, but allegedly kept the drugs for her own use and further distribution. The case is being prosecuted by Trial Attorneys Emily Petro and Leslie Fisher of the ARPO Strike Force.

Hau T. La, 54, of Brentwood, Tennessee, was charged by indictment with sixteen counts of unlawful distribution of a controlled substance, in violation of 21 U.S.C. § 841(a).  La operated Absolute Medical Care, a medical clinic in Smyrna, Tennessee, where he is alleged to have unlawfully prescribed opioids.  Specifically, according to the indictment, La prescribed oxycodone, oxymorphone, and morphine to eight patients outside the usual course of professional practice and without a legitimate medical purpose. The case is being prosecuted by Trial Attorney Leslie Fisher of the ARPO Strike Force.

Northern District of Alabama

Francene Aretha Gayle, 48, of Orlando, Florida, and Schara Monique Davis, 46, of Huntsville, Alabama, were charged by indictment with conspiracy to unlawfully distribute controlled substances, in violation of 21 U.S.C. § 846, conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349, and health care fraud in violation of 18 U.S.C. §§ 1347 and 2. Gayle was also charged with several substantive counts of illegally issuing opioid prescriptions, in violation of 21 U.S.C. § 841(a). According to the indictment, between 2015 and March 2020, Gayle and Davis operated three medical clinics in Huntsville, Athens, and Killen, Alabama, where Gayle served as the sole physician and Davis served as the business manager. The clinics billed insurers for millions of dollars in patient office visits that Gayle supposedly conducted, but Gayle was allegedly absent from the clinics and other staff conducted patients visits instead. During these visits, patients regularly received opioid prescriptions that Gayle allegedly pre-signed. The case is being prosecuted by Assistant U.S. Attorney J.B. Ward of the U.S. Attorney’s Office for the Northern District of Alabama.

Southern District of Florida

Casey Kelleher, 43, of Lake Worth, Florida, was charged by information with conspiracy to unlawfully distribute controlled substances, in violation of 21 U.S.C. § 846.  According to court documents, the charge stems from Kelleher’s ownership and operation of a pharmacy, Neighborhood Pharmacy, in Boynton Beach, Florida, where Kelleher purchased large amounts of two powerful, short-acting opioids: oxycodone and hydromorphone.  From 2019 to 2021, Neighborhood Pharmacy was by far the largest purchaser of these opioids in its zip code.  Instead of dispensing these drugs pursuant to valid prescriptions, Kelleher sold the vast majority of the opioids onto the black market.  Specifically, over a two-year period, Kelleher sold 219,567 pills of oxycodone and 112,840 pills of hydromorphone onto the black market.   The case is being prosecuted by Trial Attorney Alexander Thor Pogozelski of the Miami Strike Force. 

District of New Jersey

Robert K. Taffet, 63, of Haddonfield, New Jersey was charged by criminal complaint with conspiracy to unlawfully distribute controlled substances, in violation of 21 U.S.C. § 846. Taffet, a doctor and the owner of a medical practice in Sicklerville, New Jersey, allegedly issued prescriptions for opioids and other controlled substances to patients without assessing them in person or by telemedicine.  The complaint also alleges Taffet falsified patient files to suggest he interacted with a patient on occasions when he, in fact, did not.  According to the complaint, Taffet issued prescriptions that resulted in over 179,000 pills containing oxycodone hydrochloride, morphine sulfate, and methadone hydrochloride being dispensed by New Jersey pharmacies between April 27, 2020, and December 20, 2021.  The case is being prosecuted by Assistant U.S. Attorney Jeffrey B. Bender of the U.S. Attorney’s Office for the District of New Jersey and Trial Attorney Nicholas K. Peone of the Newark Strike Force.