Philadelphia Pharmacy Criminal Pleas and Civil Resolutions Result in Multiple Criminal Convictions and Over $4 Million Recovered

PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced that two former pharmacy employees pled guilty, were sentenced, and settled civil allegations as to Philadelphia-based Spivack, Inc., previously operating under the name Verree Pharmacy (“Verree”). These two employees’ criminal and civil resolutions bring to an end the years-long investigation by the U.S. Attorney’s Office and its law enforcement partners as to opioid and fraud-related issues at Verree by its owner, Mitchell Spivack, and his employees. In addition to criminal convictions resulting in imprisonment, the settlements resulted in over $4.1 million recovered and permanently ban the employees from ever dispensing controlled substances in the future.

Most recently, two former employees, Todd Goodman and Eric Pestrack, pled guilty to charges that they knowingly dispensed oxycodone without a valid prescription. The district court sentenced Goodman and Pestrack to four months and three months in prison, respectively. In addition to the criminal convictions, Goodman and Pestrack separately agreed to resolve civil allegations that they engaged in a years-long practice of illegally dispensing and distributing opioids and other controlled substances as well as systematic health care fraud by billing for drugs the pharmacy did not actually dispense to patients. In addition to paying the United States to resolve their exposure, the two also committed to never dispense controlled substances in the future.

Goodman and Pestrack’s convictions come after owner-pharmacist Mitchell Spivack pled guilty and was sentenced to 42 months in prison for his role at Verree. Spivack pled guilty to having conspired with others to engage in health care fraud and illegally dispense the controlled substance oxycodone at Verree. Spivack also resolved the civil allegations against him through a court-approved consent judgment. Spivack and his business agreed to pay over $4.1 million to resolve their civil liability under the Controlled Substances Act, False Claims Act, and forfeiture. The judgment also permanently banned them from ever dispensing controlled substances in the future and imposed a 22-year exclusion on the pharmacy and Spivack from Medicare and Medicaid.

The culmination of a multi-year federal-state investigation, the previously filed civil complaint alleged that Verree, its owner Spivack, and employees of Verree had a responsibility to dispense opioids and other controlled substances only when appropriate. Instead, the United States alleged that Verree and Spivack dispensed the drugs, even when faced with numerous red flags suggestive of diversion, such as opioids in extreme doses, dangerous combinations of opioids and other “cocktail” drugs preferred by those addicted, excessive cash payments for the drugs, blatantly forged prescriptions, and other signs that the pills were being diverted for illegal purposes. The complaint alleged that Verree—which was the top retail pharmacy purchasing oxycodone in Pennsylvania—has been a nationwide and regional outlier in its deviant purchasing, dispensing, and billing of controlled substances. To avoid scrutiny from the drug distributors that sold them the pills, Verree through Spivack allegedly made false statements to maintain the façade of legitimacy and keep the pharmacy stocked with these pills critical to their profits. Behind that façade, the complaint alleged that Spivack drew millions of dollars from the pharmacy while the public suffered the consequences.

The United States’ complaint alleged that Verree and Spivack were also engaged in an expansive health care fraud scheme involving fraudulent billings for drugs not actually dispensed. The alleged cornerstone of the scheme was a code used by the pharmacy employees in their internal computer system: “BBDF” or Bill But Don’t Fill. Verree, Spivack, and their co-conspirators allegedly used BBDF as a means to cover their losses on other drugs and further line their pockets with illicit profits by falsely claiming to insurers, including Medicare, that they had dispensed a drug to a patient, when in fact they had not. According to the complaint, this sophisticated fraud—which one of the employees allegedly admitted to investigators—resulted in significant damages to Medicare and other federal programs.

“Pharmacies and pharmacists who engage in illegal dispensing of opioids devastate their communities and worsen our country’s opioid epidemic” said U.S. Attorney Romero. “Providers who abuse Medicare and other federal health care programs by taking money with false billings also steal precious resources from programs critical to the health of our seniors and other citizens. This Office is committed to investigating and holding accountable those providers who violate their controlled substance and health care billing obligations. Our Office deeply appreciates our partnership with the DEA, HHS-OIG, and the Pennsylvania Attorney General’s Office in pursuing these cases.”

“In a city that has been so adversely and disproportionately affected by the opioid epidemic, Verree Pharmacy was the top retail pharmacy purchasing oxycodone in the entire state of Pennsylvania,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Spivack and the other employees at Verree routinely demonstrated total disregard for their professional and ethical obligations and improperly dispensed powerful painkillers when numerous warning signs were present.”

“The Medicare and Medicaid Programs provide vital prescription drug services to their beneficiaries,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office for the Department of Health and Human Services, Office of Inspector General. “Pharmacies are required to only bill for prescriptions and products they actually provide to their patients. HHS-OIG will continue to work with the U.S. Attorney’s Office, the Pennsylvania Attorney General’s Office, and the DEA to investigate allegations of fraudulent insurance billings.”

“We are proud collaborators in efforts leading to these recent convictions, along with the millions of settlement dollars from this deceptive, predatory pharmacy practice. Our communities continue to rebuild and recover from opioid-related devastation, so our efforts to assist in that recovery cannot and will not stop,” Pennsylvania Attorney General Michelle Henry said. “My office has shown a commitment, through this and other actions, to hold accountable the pharmacists and businesses that exploited a nationwide addiction crisis to line their pockets.”

The case was investigated by the Philadelphia Field Division of the DEA, the Pennsylvania Department of State’s Bureau of Enforcement and Investigation, HHS-OIG, and the Pennsylvania Office of the Attorney General, with additional assistance from the HHS-OIG Office of Audit Services, Office of Personnel Management Office of Inspector General, the Defense Health Agency, and the Defense Criminal Investigative Service. The criminal charges were prosecuted by Assistant United States Attorneys M. Beth Leahy, Joan Burnes, and Eileen Geiger, and Special Assistant United States Attorneys Robert Smulktis and Linda Montag from the Pennsylvania Office of the Attorney General. The civil investigation and litigation were handled by Assistant United States Attorneys Anthony D. Scicchitano and Sarah L. Grieb and auditors Dawn Wiggins and George Niedzwicki.

Except for what has been admitted in the criminal proceedings, the complaints in the civil litigation contain allegations only.