News
Release
FOR IMMEDIATE RELEASE
July 11, 2006
For further information, please contact Alan
Sprowls at (850) 942-8430
Or DEA Special Agent Jeanette Moran
(305) 994-4837
Florida
Physician Sentenced To Life Imprisonment On Drug And Fraud Charges
Arising Out Of Improper Dispensing Of Controlled Substances
TALLAHASSEE
-- Gregory R. Miller, United States Attorney for the Northern District
of Florida announced that a former Apalachicola osteopathic physician,
Thomas G. Merrill was sentenced to life imprisonment on 98 counts of
wire fraud, health care fraud, and distribution of controlled substances.
United States District
Judge M. Casey Rodgers sentenced Merrill, age 70, to life imprisonment
on five counts in which Merrill prescribed quantities of oxycodone,
morphine, and fentanyl that resulted in the deaths of:
- Bridgette Persinger,
age 53, in Panama
City on July 10, 2002;
- Leslie Dyer,
age 39, in Gulf County on
June 14, 2003;
- Deanna Hayes,
age 58, in Franklin
County on July 29, 2003;
- Kenneth Noles,
age 38, in Panama City
on August 30, 2003; and
- Katherian Seay,
age 47, in Franklin
County on November 3, 2003.
Judge Rodgers also
sentenced Merrill to concurrent twenty, ten, and five year terms of
imprisonment on the remaining 92 counts. privileges to dispense highly
addictive drugs outside the legitimate practice of medicine. Judge
Rodgers also ordered Merrill to pay a special assessment of $9,800
to the United States, and ordered that a hearing be conducted shortly
to determine the amount of restitution that the defendant will have
to pay to the State of Florida’s Medicaid program, Tricare, and
BlueCross/BlueShield of Florida.
Following a three
week trial in United States District Court in Pensacola in January
of this year, a jury found Merrill guilty of:
1. eighteen counts
of wire fraud,
2. five counts
of defrauding health care benefit programs, including two counts that
charged that death resulted from the violation.
3. seventy-five
counts of dispensing or distributing controlled substances including
oxycodone, commonly known as OxyContin, Percocet, and Percodan; morphine,
commonly known as Kadian or Avinza; hydrocodone, commonly known as
Lorcet, Lortab, and Vicodin; fentanyl, commonly known as Duragesic;
alprazolam,
commonly known as Xanax, and diazepam, commonly known as valium; including
four counts that charged that death resulted from the use of the drugs
distributed by the defendant.
The evidence at
trial revealed that MERRILL, a licensed osteopathic physician practicing
at the Magnolia Medical Clinic in Apalachicola, prescribed excessive
and inappropriate quantities of controlled substances to patients outside
the usual course of professional practice, prescribed quantities and
combinations of controlled substances to patients but failed to monitor
the use and abuse of the prescribed controlled substances by the patients,
and prescribed controlled substances in quantities and dosages that
would cause patients to abuse and misuse the controlled substances.
This successful
prosecution is the result of a joint Federal/State North Florida Health
Care Fraud Task Force investigation that involved the Drug Enforcement
Administration, the Federal Bureau of Investigation, the Defense Criminal
Investigative Service, the Florida Attorney General’s Office
Medicaid Fraud Unit; the Florida Department of Law Enforcement, the
Florida Department of Financial Services; the Florida Department of
Health, and the Franklin County Sheriff’s Office. United States
Attorney Miller commended the tireless efforts of investigators of
the agencies involved in this complex investigation, and praised the
cooperation of citizens and pharmacists who alerted investigators to
excessive prescribing of highly addictive controlled substances by
Merrill. United States Attorney Miller stated that, "the protection
of citizens in the community from licensed doctors who dispense highly
addictive controlled substances such as OxyContin outside the usual
course of professional practice is a primary concern of health care
fraud investigations. The North Florida Health Care Task Ford will
vigorously investigate and identify those medical practitioners who
use their licenses to peddle controlled substances to abusers and addicts
outside the course of standard medical practice. This conduct, along
with the theft of public funds and fraud committed against the taxpayers
and health care benefit programs remains a priority with the Department
of Justice."
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