United States Drug Enforcement Administration

SAN FRANCISCO – United States Drug Enforcement Administration (“DEA”) San Francisco Division Special Agent in Charge Bob Beris, DEA New York Division Special Agent in Charge Frank Tarentino, along with our law enforcement partners Homeland Security Investigations (“HSI”), U.S. Department of Health and Human Services – Office of Inspector General’s New York Regional Office (HHS-OIG), U.S. Attorney’s Office for the Northern District of California, and IRS Criminal Investigation New York announced that a federal jury in San Francisco yesterday convicted Ruthia He, the founder and CEO of Done, a California-based digital health company, and David Brody, its clinical president, yesterday for their roles in a years-long scheme to illegally distribute Adderall over the internet and conspire to commit health care fraud in connection with the submission of false and fraudulent claims for reimbursement for Adderall and other stimulants. Ruthia He was also convicted of conspiring to obstruct justice.

“DEA San Francisco continues to work with our federal, state, and local law enforcement partners in targeting those businesses and individuals responsible for taking advantage of the many benefits that telehealth provides,” stated DEA San Francisco Special Agent in Charge Bob Beris. “Health care companies must and will be held accountable when wrongfully and illegally prescribing controlled substances. The DEA remains committed to protecting our communities and saving lives.”

“Once again DEA New York spearheaded an operation with our DEA counterparts and law enforcement partners that resulted in the conviction of Done Health Founder/CEO Ruthia He, and its Clinical President David Brody, for their roles in a $100 million Adderall distribution and health care fraud scheme involving telehealth,” stated DEA New York Special Agent in Charge Frank Tarentino. “Their business operations and model was built on deception, fraud, and the calculated use of technology to exploit people’s medical needs and fuel addiction. The actions of Ruthia He and David Brody are no different from those of a modern-day drug trafficker; individuals who weaponize digital platforms to place profits and greed above the health and well-being of others, creating consequences that can last a lifetime. Whether it’s through an app, a website or dealers on the streets, DEA remains laser-focused on targeting those perpetrators who continue to cause the most harm to our communities.”

HSI New York Special Agent in Charge Ricky J. Patel stated "DONE Health exploited vulnerable individuals and prioritized profits over public safety by over-prescribing ADHD medication to patients who often did not qualify. DONE executives withheld patient information from affiliated medical providers — during intentionally scaled-back medical appointments — and built a $100 million amphetamine pipeline with one goal in mind: lining their own pockets. A wolf in sheep’s clothing, DONE, and its executives, shamelessly thrived at the expense of public health and others’ medical needs. HSI, alongside our partners, is proud to have dismantled this massive healthcare fraud scheme in what can only be described as a historic and momentous milestone."

“The defendants in this case are guilty of abusing telehealth services to exploit patients for greed,” said Special Agent in Charge Naomi D. Gruchacz of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “I want to specifically commend the collaborative law enforcement partnerships that investigated and prosecuted this company’s conduct. These guilty verdicts are impactful and demonstrate that we, along with our partners, will seek to preserve the integrity of the health care system and protect vulnerable populations.”

“Not all drug dealers operate in the shadows or on street corners,” said U.S. Attorney Craig H. Missakian for the Northern District of California. “Some, like Ruthia He and David Brody, use computers and social media instead. Doctors take an oath to do no harm. David Brody and other doctors were only too willing to sell their integrity to He and put money ahead of patient wellbeing. Medical necessity must always drive the decision to prescribe controlled substances like Adderall and other stimulants. Ruthia He and David Brody violated that core principle when they exploited telehealth rules to push prescription medication and hurt patients in the process. This prosecution marks the beginning of a sustained effort. Digital health companies that engage in unlawful drug distribution should take notice that they will not escape accountability.”

“The fraudulent acts of He and Brody led to clients’ substance abuse, addiction and, in some cases, overdose. Instead of putting the care of their customers first, they prioritized their own greed by fraudulently prescribing more than $100 million worth of Adderall and other stimulants. These were shameful acts, and a jury of their peers agreed. Both He and Brody will now face the consequences of this egregious fraud,” said Special Agent in Charge Harry T. Chavis of IRS Criminal Investigation New York.

According to court documents and evidence presented at trial, He and Brody conspired with others to build a billion-dollar technology company and raise money from investors by providing easy access to over 40 million pills of Adderall and other stimulants in exchange for payment of a monthly subscription fee.

He and Done spent over $40 million on deceptive advertisements on social media networks that sought to convince Americans challenged by a lack of structure during the COVID-19 pandemic that they were suffering from ADHD. Defendants also paid for targeted keyword search advertisements for drug seekers who wanted to obtain Adderall without a legal prescription. The evidence at trial showed that He and Brody sought to place “hard limits” on clinical discretion by limiting the length of the initial appointment to less than half the length of a typical psychiatric examination and seeking to increase profits by refusing to pay for any follow-up treatment. In order to facilitate the illegal prescriptions, He paid nurse practitioners around the country up to $60,000 per month to refill prescriptions without clinical interaction and enabled an “auto-refill” technology feature where patients could receive prescriptions without clinical interaction for years based on an auto-generated email sent each month requesting additional prescriptions. The auto-refill policy, in some instances, resulted in prescriptions being issued for deceased patients.

He instructed employees that successful technology companies profit from addiction and offered an expensive luxury electric vehicle to employees who broke the law. Brody told nurses to continue prescribing Adderall, even to patients who were abusing other medications, and to disregard the risk of going to jail. He and Brody also prohibited independent clinical practitioners from discharging patients, and patients were not discharged and continued to receive Adderall even after concerned family members repeatedly notified Done that their children were suffering from bipolar, Adderall-induced psychosis, or other mental health conditions that could be worsened by continued prescriptions.

In order to ensure that members continued paying monthly subscription fees, He, Brody, and others conspired to defraud insurers so that Done members would be able to use insurance to pay for Adderall dispensed at pharmacies. He, Brody, and others submitted false and fraudulent prior authorization requests to insurers, which claimed that Done followed the DSM-5 in diagnosing ADHD, utilized urine drug screens, and falsely claimed that non-stimulants had previously been tried without success. As a result, Medicare, Medicaid, and the commercial insurers paid in excess of approximately $14 million.

In 2022, national media outlets reported that Done was making Adderall too easy to get online. In response to questions from the media, investors, and certain major pharmacy chains, the defendants made deceptive statements about Done’s policies. While internal documents showed that the defendants followed a “customer-first” philosophy where they attempted to obtain customer approval ratings higher than America’s highest-rated retailers, offered second opinions to patients who complained of being denied Adderall, and that He – who had no medical training – ultimately was responsible for approving clinical practices, The defendants falsely denied the existence of these policies and claimed Done was run by independent clinical leadership.

To obstruct the government’s investigation, the evidence at trial showed that He moved operations to China to make personnel and evidence unavailable. He limited her communications on company platforms, used encrypted messaging apps with disappearing messages, and deleted incriminatory documents, such as language encouraging Done providers to provide Adderall even to patients who did not have ADHD. He also transferred over $1 million to a Chinese shell company named Make Believe Asia, conducted internet searches for countries that did not have extradition, and was stopped by law enforcement leaving the country.

He and Brody were both convicted of one count of conspiracy to distribute controlled substances, four counts of distribution of controlled substances, and one count of conspiracy to commit health care fraud. He was also convicted of one count of conspiracy to obstruct justice. He and Brody each face a maximum penalty of 20 years in prison on the conspiracy to distribute controlled substances and distribution of controlled substances counts. Sentencings are set for Feb. 25, 2026. Judge Breyer will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The DEA, HIS, HHS-OIG, and IRS Criminal Investigation are investigating the case.

Acting Health Care Fraud Unit Chief Jacob Foster, Assistant Chief Emily Gurskis, and Trial Attorney Arun Bodapati of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kristina Green, for the Northern District of California are prosecuting the case.