News
Release
FOR IMMEDIATE RELEASE
Date:
May 6, 2010
Contact: SA Wendell Campbell
Public Information Officer
Number: (713) 693-3000
Area
Doctor, Pharmacist and Pharmacy Owner
Charged In Conspiracy To Illegally Distribute
Narcotics
MAY
6 -- (HOUSTON) - Dr. Peter Okose,
56, Troy Solomon, 47, and Bede Nduka, 55,
have been charged in a three-count indictment
alleging conspiracy to unlawfully dispense
and distribute controlled substances outside
the scope of professional practice and
not for a legitimate medical purpose, United
States Attorney José Angel Moreno
announced today along with Zoran Yankovich,
Special Agent in Charge of the Drug Enforcement
Administration’s Houston Division.
The
indictment was returned by a Houston grand
jury on Tuesday, May 4, 2010. All three defendants
were arrested by investigating agents this
morning and are expected to make their initial
appearance before a United States Magistrate
Judge in Houston today when the issue of
bond is expected to be raised and decided.
Okose,
a physician licensed to practice medicine
in the State of Texas, was engaged in the
private practice of medicine with two offices
called the Universal Medical Clinic located
on the 10200 block of the East Freeway and
another on the 10200 block of Federal Road
during the course of the alleged conspiracy.
Solomon is the owner of Ascensia Nutritional
Pharmacy located on the 5400 block of the
S. Loop West, while Nduka, is a licensed
pharmacist employed at Solomon’s pharmacy.
All
three defendants are accused of conspiring
to distribute prescription drugs, principally
hydrocodone products, outside the course
of professional medical practice and not
for a legitimate medical purpose - knowing
that some of the prescription drugs were
to be sold on the street. They are alleged
to have demanded and received payments in
cash only from the persons receiving the
prescriptions and filling the prescription
to enrich themselves. Hydrocodone is an opiate
derivative and a Schedule II controlled substance
and generally used as a prescription painkiller.
Hydrocodone products are prescription drugs
containing hydrocodone and any other non-narcotic
ingredient, such as acetaminophen or an antihistamine
in therapeutic amounts, and are Schedule
III controlled substances.
According to the allegations in the indictment, between
January 2004 and May 2006, Okose routinely wrote
prescriptions for prescription drugs, especially
hydrocodone products, for persons who visited his
office under the guise and pretext of being treated
as patients. In actuality, the doctor knew they visited
his office solely for the purpose of obtaining prescriptions
for drugs some of which were to be sold on the street
for a non-medical purpose. The doctor, according
to the indictment, required and collected directly
from these “patients” cash payments of
$65 - $200 for the first time visit and approximately
$65 - $100 for subsequent visits before he would
write the prescriptions. Okose is also charged individually
in two separate counts which allege that on May 4,
2005, and Oct. 7, 2005, he distributed tablets of
hydrocodone outside the course of professional practice
and not for a legitimate medical purpose.
Solomon and Nduka are accused of conspiring with
one another and Okose to dispense and distribute
Hydrocodone products, such as Lorcet, Lortab, Norco,
Tussionex and Hydromet, each of which is a Schedule
III Controlled Substance. According to the indictment,
Solomon and Nduka enriched themselves by dispensing
and distributing hydrocodone products outside the
course of professional medical practice and not for
legitimate medical purposes.
The
indictment also includes a “Notice
of Forfeiture” provision informing
the defendants of the intent of the United
States to forfeit their interest in any and
all of the proceeds generated as a result
of the alleged drug distribution.
Conviction
of the drug conspiracy and each of the two
drug distribution counts carries a maximum
penalty of five years imprisonment and a
$250,000 fine. Parole has been abolished
in the federal prison system.
The
criminal charges are the result of a joint
investigation being conducted by agents of
the Drug Enforcement Administration, Internal
Revenue Service - Criminal Investigation
Division and officers of the Houston Police
Department and the Texas Department of Public
Safety. The case will be prosecuted by Assistant
United States Attorney Stuart A. Burns.
An
indictment is an accusation of criminal
conduct, not evidence.
A defendant is presumed innocent unless and until
convicted through due process of law.
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