News Release
October 20, 2010
Contact: SA Will Taylor

Number: 312-886-2597

Doctor and Weight Loss Clinic Owner Indicted for
Illegally Distributing a Controlled Substance

Phentermine, a Schedule IV Controlled Substance in the Amphetamine Family

OCT 20 (Wheaton) Joseph Birkett, DuPage County States Attorney, and Jack Riley, Special Agent in Charge of the Drug Enforcement Administration (DEA) for the Chicago Field Division, announced that Dr. Elton Tinsley, 60, Chicago, and Nicole Martin, 38, Naperville, were indicted on October 14, 2010 in DuPage County Circuit Court for Unlawful Delivery of a Controlled Substance (720 ILCS 570/401(g)) and Unlawful Possession of a Controlled Substance (720 ILCS 570/402(c)). Bond was set at $50,000 for each charged defendant.

Dr. Tinsley i s a medical doctor who specializes in cosmetic surgery. Nicole Martin is the owner of NCM Spa, a weight loss clinic located at 22 East Chicago Ave. #114, Naperville, IL. Ms. Martin is a licensed esthetician with the State of Illinois, and is not a physician. The indictment alleges that Ms. Martin dispensed Phentermine to an undercover DuPage County State’s Attorney Investigator on April 20, 2010. Phentermine is a schedule IV controlled substance in the amphetamine family prescribed as an appetite suppressant. The undercover officer, posing as a patient, was allegedly never examined by a physician prior to the phentermine being prescribed and dispensed. State and Federal law require a patient to be medically evaluated by a physician with a DEA Registration Number to legally prescribe controlled substances. There must be a legitimate physician-patient relationship.

The indictment further alleges that Dr. Tinsley supplied the drugs to Ms. Martin to dispense at an unregistered location, NCM Spa. It is alleged that Dr. Tinsley would either bring the phentermine to the un-registered location from his registered locations or pre-sign prescriptions for the phentermine without meeting personally with the patients to medically evaluate them. State and Federal law require that all locations that dispense controlled substances must be licensed separately with the DEA and the Illinois Department of Financial and Professional Regulation (IDFPR).

A state search warrant obtained with assistance from the DuPage County States Attorney’s Office was executed at the NCM Spa on April 26, 2010. Dr. Tinsley had a pending DEA Application at the Naperville location and two active DEA Registrations at locations in Chicago.

On May 4, 2010, Dr. Tinsley signed a DEA Voluntary Surrender of Controlled Substance Privileges for the pending DEA Registration at the NCM Spa and the two other active DEA Registration numbers for the Chicago locations.

This investigation was initiated by the Naperville Police Department Special Operations Group. The DEA Tactical Diversion Squad joined the Naperville Police Department, the DuPage County State’s Attorney’s Office, the DuPage County State’s Attorney’s Criminal Investigators, and the Illinois Department of Financial and Professional Regulation (IDFPR). The prosecution of this case is being handled by DuPage County Assistant State’s Attorney William Wu.