Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Https

Secure .gov websites use HTTPS
A lock ( Lock A locked padlock ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

  • Who We Are
    • About
    • Mission
    • History
    • Divisions
      • Atlanta
        • Atlanta Leadership
        • Atlanta Contacts
      • Caribbean
        • Caribbean Leadership
        • Caribbean Contacts
      • Chicago
        • Chicago Leadership
        • Chicago Contacts
      • Dallas
        • Dallas Leadership
        • Dallas Contacts
      • Detroit
        • Detroit Leadership
        • Detroit Contacts
      • El Paso
        • El Paso Leadership
        • El Paso Contacts
      • Headquarters
      • Houston
        • Houston Leadership
        • Houston Contacts
      • Los Angeles
        • Los Angeles Leadership
        • Los Angeles Contacts
      • Louisville
        • Louisville Leadership
        • Louisville Contacts
      • Miami
        • Miami Leadership
        • Miami Contacts
      • New England
        • New England Leadership
        • New England Contacts
      • New Jersey
        • New Jersey Contacts
      • New Orleans
        • New Orleans Leadership
        • New Orleans Contacts
      • New York
        • New York Leadership
        • New York Contacts
      • Omaha
        • Omaha Leadership
        • Omaha Contacts
      • Philadelphia
        • Philadelphia Leadership
        • Philadelphia Contacts
      • Phoenix
        • Phoenix Leadership
        • Phoenix Contacts
      • Rocky Mountain
        • Rocky Mountain Contacts
      • San Diego
        • San Diego Leadership
        • San Diego Contacts
      • San Francisco
        • San Francisco Contacts
      • Seattle
        • Seattle Contacts
      • St. Louis
        • St. Louis Leadership
        • St. Louis Contacts
      • Washington, DC
        • Washington Leadership
        • Washington Contacts
    • DEA Museum
    • Foreign Offices
      • Africa
      • Andean
      • Caribbean
      • Europe
      • Far East
      • Middle East
      • North and Central America
      • Southern Cone
    • Operational Divisions
      • Aviation Division
      • Diversion Control Division
    • Wall of Honor
    • Contact Us
      • Submit a Tip
      • Extortion Scam
      • Public Affairs
      • Social Media Directory
  • What We Do
    • Law Enforcement
      • DEA Office of Training
        • Office of Training Programs
      • El Paso Intelligence Center (EPIC)
        • Leadership
        • Mission
        • Services
        • Contacts
      • Forensic Sciences
        • Computer Forensics Program
        • Environmental Management
        • Laboratories
      • Intelligence
      • Operations
        • Administrative Law Judges
        • DEA Asset Forfeiture
        • Domestic Cannabis Suppression / Eradication Program
        • HIDTA
        • OCDETF
        • State and Local Task Forces
    • Education and Prevention
      • DEA’s Family Summit
      • Operation Engage
      • Community Outreach
      • Red Ribbon
        • Kiki and the History of Red Ribbon Week
        • Red Ribbon Toolkit - Resources For Your Community
      • Just Think Twice
      • Campus Drug Prevention
      • Get Smart About Drugs
      • Operation Prevention
    • Drug Information
      • Drug Policy
      • Drug Scheduling
      • The Controlled Substances Act
    • News
      • Alerts
      • Press Releases
      • Most Wanted Fugitives
        • All Fugitives
      • Stories
      • Events
      • Speeches
      • Testimony
    • Campaigns
      • One Pill Can Kill
        • Partner Toolbox
        • Social Media Campaign
      • DEA National Prescription Drug Take Back Day
  • Careers
    • Special Agent
      • Special Agent FAQs
      • Special Agent Job Announcements
    • Diversion Investigator
      • Diversion Investigator Job Announcement
    • Intelligence Research Specialist
      • Intelligence Research Specialist Job Announcements
      • Intelligence Research Specialists FAQs
      • Schedule A Hiring Authority: Intelligence Research Specialist
    • Forensic Sciences Careers
    • Professional & Administrative Careers
    • Student & Entry Level Careers
    • How to Apply
      • Employment Requirements
      • Equal Opportunity Employer
      • How To Claim Veterans' Preference
      • Priority Consideration
      • Benefits
      • Veterans and People With Disabilities
  • Resources
    • Recovery Resources
    • Data and Statistics
      • Domestic Arrests
      • Staffing and Budget
    • FOIA
      • About FOIA
      • Contact DEA FOIA
      • Make a Request
      • What Happens After Making a Request
      • Requester Categories
      • Fees Charged
      • Fee Waiver
      • FOIA FAQ
      • FOIA Logs and Reports
      • FOIA Library
      • Additional FOIA Links
      • FOIA Exemptions
      • What Are Exclusions?
      • Privacy Act
      • Privacy Act Exemptions
      • Privacy Impact Assessment and Management Information Systems
    • Publications
    • Media Galleries
    • Victim Witness Assistance Program
      • Victim Witness Assistance Program Resources

United States Drug Enforcement Administration

  • Search
  • Full Menu

Main Menu

  • Who We Are
  • What We Do
  • Careers
  • Resources
  • Submit A Tip
  • Get Updates
  • Scam Alert
  • English
  • ES

PUBLIC SAFETY ALERT

DEA Reports Widespread Threat of Fentanyl Mixed with Xylazine - DEA Reports Widespread Threat of Fentanyl Mixed with Xylazine

Drug Enforcement Administration

Shelly S. Howe Special Agent in Charge
San Diego
@DEASanDiegoDiv
December 16, 2022
Contact: Kelly McKay
Phone Number: (571) 324-6204
For Immediate Release

Doctor and Office Manager Indicted in Scheme to Defraud Medicare, Manufacture and Distribute Fentanyl

SAN DIEGO - Dr. David J. Smith, a pain management physician, and his office manager, Julia Ann Oertle, are charged in a federal grand-jury indictment with perpetuating a long-running scheme to commit healthcare fraud and to manufacture and distribute adulterated fentanyl.

Smith made his initial appearance today before U.S. Magistrate Judge Bernard G. Skomal. Smith’s bond was set at $1 million, secured by real property, with a limitation on his ability to practice medicine. Oertle was still at large.

According to allegations in the indictment, Smith purports to specialize in the installation and maintenance of intrathecal pain pumps which are surgically placed in a patient’s stomach with two catheters implanted on the spine; pain medicine is then infused into a reservoir in the pump periodically and meted out directly into the spine.

Beginning in December 2017, Smith and Oertle began compounding fentanyl citrate into vials, in a room at Smith’s principal medical practice, San Diego Comprehensive Pain Management Center. According to the indictment, this compounding practice was grossly improper and resulted in the production of adulterated fentanyl. Smith nevertheless directed administration of this fentanyl to patients repeatedly.

The indictment alleges that beyond providing patients with adulterated fentanyl, Smith violated the applicable standards of care by, among other things, prescribing materially excessive quantities of fentanyl, prescribing unnecessary oral opioid medications in conjunction with pain-pump medication, and installing pain pumps in patients without proper assessments for patient need. Smith then had false and fraudulent reimbursement claims submitted to Medicare for these administrations. Among other things, the claims were inflated by nearly 60 percent; they sought reimbursement for large volumes of unnecessarily manufactured fentanyl; they falsely represented that excess fentanyl had been discarded, when in fact it was used; and they did not disclose that the fentanyl was adulterated.

According to the indictment, Oertle illegally ordered fentanyl citrate for compounding; compounded fentanyl with Smith; and helped direct the illegal billing practices.

“The DEA is committed to bringing to justice doctors that take the public’s trust and abuse it for their own purposes,” said DEA Special Agent in Charge Shelly S. Howe. “We are grateful for our relationships with the U.S. Attorney’s Office, the FBI and the other agencies who worked to bring these defendants to justice.”

“We are supposed to be able to trust our doctors with our lives,” said U.S. Attorney Randy Grossman. “This office will use all its resources to protect vulnerable patients from doctors who use them to make money, with no regard for their safety.”

“Criminal misconduct within the healthcare system is not only deceitful, but also destructive,” said Special Agent in Charge Stacey Moy of the FBI’s San Diego Field Office. “David Smith and Julia Oertle allegedly abused their positions of trust by manufacturing and propagating this toxic poison to patients over an extended period of time, further unraveling the fentanyl crisis our country is experiencing. This investigation clearly demonstrates that the threat of the opioid crisis extends far beyond street level dealing. The FBI will continue to work with our law enforcement partners to protect our communities and ensure justice is served.”

“U.S. consumers must be able to trust that their medicines meet FDA’s required standards of safety and effectiveness,” said Acting Special Agent in Charge Christopher M. Alston, FDA Office of Criminal Investigations Los Angeles Field Office. “Our office will continue to pursue and bring to justice those who jeopardize the public’s health and the public’s trust.”

“According to allegations in the indictment, these defendants were trusted with the medical care of their patients but instead used treatments that were not medically necessary in order to gain financially,” stated Special Agent in Charge Tyler Hatcher of the IRS Criminal Investigation’s Los Angeles Field Office. “We will continue to serve the public and help put a stop to schemes like this that take advantage of our medical system and put patients’ care at risk.”

AGENCIES

Federal Bureau of Investigation, United States Attorney’s Office, Food and Drug Administration, U.S. Department of Health and Human Services, U.S. Marshal Service, and the Internal Revenue Service

 

# # #

  • Facebook
  • Twitter
  • Email

SAMHSA Behavioral Health Treatment Locator

  • Who We Are
    • About
    • Domestic Divisions
    • Foreign Offices
    • Contact Us
    • DEA Museum
  • What We Do
    • Drug Prevention
    • Law Enforcement
    • Diversion Control Division
    • News
  • Careers
    • Overview
    • Special Agent
    • Diversion Investigator
    • Intelligence Research Specialist
  • Resources
    • Drug Information
    • Employee Assistance Program
    • Equal Opportunity Employer
    • FOIA
    • Publications
    • Media Galleries
    • VWAP
  • Doing Business
    with the DEA
    • Overview
    • Current Vendors
    • Prospective Vendors
    • Security Clauses
    • Security Forms
    • Small Business Program
  • Policies
    • Accessibility, Plug-ins & Policy
    • Legal Policies & Disclaimers
    • No FEAR Act
    • Privacy Policy
    • U.S. Department of Justice EEO Policy
    • USA.gov
    • Whistleblower Protection
Home

United States Drug Enforcement Administration

DEA.gov is an official site of the U.S. Department of Justice
Facebook Twitter LinkedIn Instagram

DEA Contact Center

(202) 307-1000 info@dea.gov
Contact the Webmaster