Doctor Convicted on 45 Counts of Unlawfully Distributing Narcotics
AUG 12 -- Memphis, Tennessee - A federal jury in Memphis today returned a verdict finding Rosaire Michael Dubrule and Kim Dubrule guilty of conspiracy to distribute Schedule II and III controlled substances in violation of Title 21, United States Code, § 846 announced Lawrence J. Laurenzi, United States Attorney for the Western District of Tennessee, Rodney G. Benson, Special Agent in Charge (SAC) of the Drug Enforcement Administration (DEA) Atlanta Field Division, and John Mehr and Steve Phelps, Special Agent in Charge and Assistant Special Agent in Charge, respectively, of the Tennessee Bureau of investigation’s West Tennessee office. The maximum penalty for a violation § 846 in this instance is no more than 20 years imprisonment, a fine of no more than $1,000,000, or both, and a term of supervised release of no more than 3 years. Rosaire Michael Dubrule was also found guilty of 44 counts of unlawfully distributing Schedule II and III controlled substances in violation of 21 U.S.C. § 841(a)(1) by issuing written prescriptions for the drugs outside the usual course of medical practice and for no legitimate medical purpose. The maximum penalty for a violation § 841(a)(1) in this instance is no more than 20 years imprisonment, a fine of no more than $1,000,000, or both, and a term of supervised release of no more than 3 years. In addition, the jury found that $1,068,000 worth of the defendants’ assets should be forfeited to the government.
According to the indictment, Rosaire Michael Dubrule was a medical doctor who operated Reelfoot Family Medical Center, a medical practice located in Tiptonville, Tennessee. The indictment further charged that Kim Dubrule, the wife of Rosaire Michael Dubrule, assisted Rosaire Michael Dubrule in the operation of the medical practice. The indictment charged the Dubrules with participating in a conspiracy to illegally distribute Schedule II and III controlled substances from December of 1998 through August of 2004 in violation of Title 21, United States Code, § 846 by issuing written prescriptions for the drugs outside the usual course of medical practice and for no legitimate medical purpose. The indictment also charged Rosaire Michael DuBrule with 44 counts of unlawful distribution of the controlled substances Loritab and Loracet Plus, which are classified as Schedule III controlled substances, and Percocet, which is classified as a Schedule II controlled substance, between September of 2002 and August of 2004, in violation of Title 21, United States Code, § 841(a)(1). In each instance the indictment charged that the controlled substances were distributed by way of a written prescription issued outside the usual course of medical practice and for no legitimate medical purpose.
Count 46 of the indictment sought the forfeiture certain property from the Dubrules as the proceeds of the illegal activity charged in Counts 1 through 45 of the indictment. Rosaire Michael Dubrule was taken into custody immediately following the verdict. Kim Dubrule was allowed to remain on bond pending sentencing. Sentencing in the case for both defendants is set for Tuesday, November 16, 2010, at 1:30 p.m. before United States District Judge S. Thomas Anderson in Memphis.
The case was investigated by Special Agents Brent Booth and Doug Pate of the Tennessee Bureau of Investigation, DEA Diversion Investigators Rhonda D. Phillips, David Graham and Heather Wehrley, and DEA Special Agent Mike Woodham. The case was prosecuted by Assistant U.S. Attorney Joe Murphy.
DEA Atlanta’s SAC Benson encourages parents, along with their children, to educate themselves about the dangers of legal and illegal drugs by visiting DEA’s interactive websites at www.justhinktwice.com, www.GetSmartAboutDrugs.com and www.dea.gov.