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FOR IMMEDIATE RELEASE |
Feb. 15, 2008
JURY FINDS TWO GUILTY IN INTERNET PHARMACY CASE
WICHITA, KAN.– Two employees of a pharmacy formerly based in Wichita were convicted Friday on charges of conspiring to unlawfully distribute prescription drugs to customers who ordered them over the Internet.
Jerry L. Lovern, 68, Wichita, and Robert J. Barron, 37, Wichita, each were convicted on one count of conspiracy and three counts of unlawfully distributing controlled substances.
“Customers who had no contact with prescribing physicians obtained controlled substances unlawfully from Red Mesa Pharmacy in Wichita,” said U.S. Attorney Eric Melgren. “Mr. Lovern, as a licensed pharmacist, and Mr. Barron, as a computer technician, participated in a conspiracy with the owner of the pharmacy to commit the crimes.”
The owner of pharmacy, Wilbur D. Hilst, pleaded guilty in December to one count of conspiracy. In his plea, he admitted that he rented a location in Wichita and set up Red Mesa Pharmacy to distribute controlled substances by printing orders from two Web sites he hired to take orders on the Internet. The controlled substances were not prescribed in the usual course of professional medical practice and were without legitimate medical purpose.
Evidence at trial showed that doctors working with Red Mesa Pharmacy authorized the pharmacy to fill orders from customers who had not had any physical examination or oral contact with the physicians. None of the physicians who authorized orders to be filled by Red Mesa were licensed to practice in the states where the buyers lived.
A date has not yet been set for Lovern and Barron to be sentenced. They face a maximum penalty of 3 years in federal prison and a fine up to $250,000 on each count. Hilst is set for sentencing March 7.
Melgren commended the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.
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