News Release
March 25, 2008
Contact: Joanna Zoltay
Number: 312-886-2597

Indiana Doctor Charged with Unlawful Dispensing of Oxycodone

MAR 25 -- (Indianapolis, IN) – A Noblesville, Indiana doctor with an office in Broad Ripple has been indicted by a federal grand jury on eight counts of Unlawfully Dispensing Oxycodone (trade name Percocet) outside the scope of professional practice and not for a legitimate medical purpose. The indictment of Adolfo P. Hernandez, 67, follows a thirteen month investigation by the Drug Enforcement Administration and Indianapolis Metropolitan Drug Task Force.

Oxycodone is a Schedule II controlled substance requiring a physician to have a DEA registration number in order to prescribe to patients. The indictment alleges that Hernandez, a licensed medical physician in the State of Indiana, unlawfully dispensed Oxycodone outside the scope of his professional practice and not for a legitimate medical purpose on at least eight occasions from December 20, 2007 through March 13, 2008. On these occasions, according to the indictment, law enforcement officers called Hernandez on his home or cellular telephone in order to secure appointments. They went to Hernandez’s office on E. 52nd Street in Indianapolis where they paid $125 cash in exchange for prescriptions for Oxycodone and Xanax, a Schedule IV, anti-anxiety drug. Hernandez conducted no medical examinations and generated no medical records during the undercover visits, and no medical staff or employees were observed. Hernandez’ medical office consisted of a waiting room with chairs, his office, and an examination room, with an exam table and a wall-mounted blood pressure cuff. There were no telephones, fax machines or computers, but there was a security camera and monitor. Records indicate Hernandez issued more than 8,400 prescriptions in the past year.

“This investigation revealed a doctor selling prescription drugs to patients for profit,” stated Gary G. Olenkiewicz, the Special Agent in Charge of the DEA’s Chicago Field Division which covers Indiana. “The proper use of a physician’s DEA registration number involves prescribing controlled substances in a legitimate matter to patients with a medical necessity.”

The indictment also contains a forfeiture allegation against Hernandez, asking that all property acquired as a result of the unlawful distribution of controlled substances be forfeited to the government. Hernandez purportedly owns land and a home in Noblesville on Middletown Avenue. The home was constructed during the last two years and is valued at about a half million dollars.

The case is being prosecuted by Assistant U.S. Attorney Barry D. Glickman, out of the Southern District of Indiana. Hernandez faces a maximum possible prison sentence of 20 years on each count and a maximum possible fine of $8,000,000.00. Following a hearing held on Friday, March 21, 2008 before U.S. Magistrate Judge Kennard P. Foster, Hernandez was ordered detained at the Marion County Jail pending a detention hearing in this case.

The public is reminded that an indictment is an allegation only, and the defendants I presumed innocent unless and until proven guilty at trial or by guilty plea.