United States Drug Enforcement Administration

ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr., and DEA New York Division Special Agent in Charge Ray Donovan announced today that Dr. Anthony Leone, 55, of Clarence, N.Y., who was convicted of unlawful possession of a controlled substance and making material false statements, was sentenced to two years’ probation, to include three months home confinement, by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on Sept. 8, 2016, the defendant, who was a licensed spine and general orthopedic surgeon and DEA registrant, completed a controlled substance form for Henry Schein, a commercial distributor of controlled substances. One of the questions on the form asked Leone if he used “any controlled substances ordered to treat family members,” to which he responded, “no.” That statement was false. Leone in fact ordered zolpidem for treatment of an identified family member.

Further, the form asked the defendant whether he used any of the controlled drug items he ordered for his own personal use, to which he again falsely responded “no,” as Leone ordered Adderall XR, tramadol, and clonazepam for his own personal use.

Finally, the form asked the defendant whether his office performed surgery or any other in office procedures that required the use of controlled substances, to which he responded with the following: “Procedures performed on an outpatient basis: Epidural steroid injections and facet injections, outpatient procedure: lumbar and [illegible word] spine reconstructive surgery.” That statement was also false in that Leone did not administer or dispense controlled substances in his office, but instead, wrote patients prescriptions for fulfillment at a pharmacy.

Thereafter, the defendant ordered and received bulk quantities of Adderall XR, hydrocodone, both Schedule II controlled substances, and clonazepam, tramadol, and zolpidem, all Schedule IV controlled substances from Henry Schein.

On April 24, 2018, the DEA conducted an administrative search at Leone’s offices located at 934 Cleveland Drive in Cheektowaga, N.Y. During that search, the defendant told DEA agents that he ordered quantities of hydrocodone, which he dispensed to patients. In truth and fact, Leone was transporting the hydrocodone from his medical office in Cheektowaga to his residence in Clarence, where he stored them for his own personal use.

The sentencing is the result of an investigation by the DEA’s Rochester Resident Office.   

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