DENVER, CO. – Dr. Kevin R. Clemmer, age 57, of Evergreen, Colorado, his previous staff assistant, Tina Sheldon (aka Tina Stanfield), age 41, of Westminster, Colorado, and two others were arrested yesterday based on a federal grand jury indictment, which was returned under seal on May 16, 2011. All four defendants were arrested without incident by Special Agents with the Drug Enforcement Administration and with Internal Revenue Service – Criminal Investigation. The four defendants made their initial appearance in court, where they were advised of the charges pending against them. They are expected back in court on Thursday for arraignment and detention hearings. In addition to the four arrests, agents executed search warrants at Clemmer’s office and residence. Law enforcement recovered in total $287,675 in cash and $7,226.38 from miscellaneous bank accounts.
The indictment alleges that on 57 separate occasions, Dr. Clemmer, DO, a registrant authorized to dispense controlled substances, knowingly and intentionally distributed, dispensed, and possessed with intent to distribute Oxycodone, a Schedule II controlled substance, outside the scope of professional practice and not for a legitimate medical purpose. Clemmer is also charged with knowingly engaging in a monetary transaction affecting interstate commerce, in criminally derived property of a value greater than $10,000, that is, the cash purchase of a 1999 Lincoln Continental, with such property having been derived from proceeds of a specified unlawful activity, that is the unlawful distribution and dispensing of controlled substances. In addition to that automobile, the asset forfeiture allegation references a Durango automobile, real property located at 4045 Wadsworth Boulevard, #112 in Wheat Ridge, Colorado, real property located at 8446 South Custer Lane in Evergreen, Colorado, and a money judgment in the amount of proceeds obtained by the scheme implemented by the defendant. Gold coins, silver, and collectibles were also seized but not yet valued.
Clemmer’s previous staff assistant, Tina Sheldon, faces one count of knowingly and intentionally distributed, dispensed, and possessed with intent to distribute Oxycodone, a Schedule II controlled substance, and one count of knowingly and intentionally distributed, dispensed and possessed with intent to distribute and dispense methamphetamine.
Two others charged are Noah Ziegler (aka Noah Smeltzer), age 29, of Denver, Colorado, and Angela Lee, age 38, of Denver, Colorado. Each face one count of knowingly and intentionally distributed, dispensed, and possessed with intent to distribute Oxycodone, a Schedule II controlled substance. If convicted of knowingly and intentionally distributed, dispensed, and possessed with intent to distribute Oxycodone, a Schedule II controlled substance, the charged defendants face not more than 20 years in federal prison, and up to a $1,000,000 fine. In Clemmer’s case, he faces that penalty per count for each of 57 counts. If Clemmer is convicted of engaging in monetary transaction affecting interstate commerce, Clemmer faces not more than 10 years in prison, and a fine of up to $1,000,000. If Sheldon is convicted of knowingly and intentionally distributed, dispensed and possessed with intent to distribute and dispense methamphetamine, she faces not more than 20 years in prison, and a fine of up to $1,000,000.
“As this case demonstrates, when doctors illegally distribute narcotics, they abuse their professional responsibilities, put the health and well-being of their patients and others at risk, and face serious legal consequences,” said U.S. Attorney John Walsh.
“The diversion of pharmaceutical drugs is increasingly becoming not only a serious health concern, but also a lucrative business for drug traffickers in the state of Colorado,” said DEA Acting Special Agent in Charge Kevin Merrill. “DEA recognizes this challenge and is dedicating additional resources to the investigation of those who profit substantially from this criminal enterprise.”
“This is a great example of law enforcement agencies working together,” said Sean Sowards, Special Agent in Charge of IRS Criminal Investigation, Denver Field Office. “Taking away assets from these illegal activities hits criminals where it hurts the most – it deprives them of their illegal profits.” This case was investigated by the Drug Enforcement Administration (DEA) Tactical Diversion Squad and the Internal Revenue Service (IRS) – Criminal Investigation.
The defendants are being prosecuted by Assistant U.S. Attorney Zachary Phillips. The charges contained in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.