Indictments Charged Diversion Of Hundered Of Thousands Of Oxycodone Tables

Indictments Charged Diversion Of Hundered Of Thousands Of Oxycodone Tables

The following press release was published by the U.S. Department of Justice, Office of the United States Attorneys on Oct. 29, 2013. It is reproduced in full below.

Doctor’s Receptionist Is Alleged Key Player in Pill Scheme

The Eastern District of Pennsylvania, like the rest of the nation, has been greatly

impacted by the prescription drug abuse epidemic. Local clinics have stated that drug addiction

in both Philadelphia and New Jersey is extremely severe. Heroin and opiate-based prescription

medication - such as oxycodone - are two of the most abused drugs in this area. And just like

street drugs, prescription drug abuse produces the same problems: addiction, crime, and broken

families.

Today, federal agents arrested 27 people involved in a prescription drug conspiracy that

illegally distributed more than 380,000 Oxycodone pills into communities in the Eastern District

of Pennsylvania. Two indictments, charging four key players, and multiple other charging

documents were unsealed today. Charged in one indictment are Leon Little, 33, of Cherry Hill,

NJ, the leader of the “Little Drug Operation" (LDO), Heather Herzstein, 28, of Folcroft, PA, who

worked in a doctor’s office, and Colise Harmon, 34, of Philadelphia. They are charged with

conspiracy to distribute controlled substances. A separate but related indictment charges

Aminah Shabazz, 36, of Cherry Hill, NJ, with money laundering. Based on the average retail

sale price of the oxycodone tablets on the street, the LDO allegedly took in more than 3 million

dollars.

The charges were announced by First Assistant United States Attorney Louis Lappen,

Drug Enforcement Administration Special Agent-in-Charge David G. Dongilli, and IRS

Criminal Investigation Special Agent-in-Charge Akeia Conner. The announcement was made at

a press conference that also included the FBI and Health and Human Services Office of Inspector

General and discussed the larger issue of drug diversion.

According to the indictment, between August 2010 and August 2012, the LDO recruited

and paid individuals to pose as patients in order to acquire prescription drugs, such as oxycodone

and alprazolam (otherwise known as Xanax), from L.B., a licensed physician in Philadelphia.

Many of these “pseudo-patients" were recruited from the Raymond Rosen Projects, a

government-assisted housing development located in north Philadelphia. Little orchestrated the

entire scheme by allegedly paying Herzstein and Harmon to facilitate the coordination of

pseudo-patients. He also allegedly collected and stored the filled prescriptions, packaged the

drugs for re-distribution, and distributed to them to his customers in Philadelphia.

Hertzstein, as the receptionist and sole employee for L.B., allegedly scheduled the

pseudo-patients’ appointments, wrote prescriptions for oxycodone using the doctor’s prescription

pad and without the doctor’s consent, and distributed the forged prescriptions to the LDO. She

also allegedly falsely verified with pharmacies that the forged prescriptions received from LDO

pseudo-patients were legitimate. The pseudo-patients primarily received prescriptions for 10

milligram and 30 milligram tablets of oxycodone in exchange for money. The LDO also paid for

the doctor’s visit and the costs for filling the prescriptions.

Harmon allegedly drove pseudo patients to the doctor and to specific pharmacies in

Philadelphia, PA to have the prescriptions filled. The prescriptions were filled primarily at:

Northeast Pharmacy, 6730 Bustleton Avenue; Pharmacy of America, 1500 E. Erie Avenue; and

Philly Pharmacy, 210 Market Street.

In addition to the conspiracy, Little, Herzstein and Harmon are charged with distribution

of oxycodone, acquiring a controlled substance by fraud, and aiding and abetting.

According to the separate indictment, Aminah Shabazz took LDO drug proceeds and

provided $26,970 in cash to a third party who deposited the cash into the third party’s bank

account in Ridley, PA. The third party then received a certified check made out to Lemin

Consulting, LLC, a business operated by Shabazz and Little, for $27,000. Shabazz then

allegedly deposited the certified check into the bank account for Lemin Consulting, LLC in

Philadelphia, PA in an attempt to conceal the proceeds of unlawful activity.

If convicted of all charges, the defendants face the following possible prison terms under

advisory sentencing guideline ranges: Little, life; Harmon, life; Herzstein, life; Shabazz, 33

months to 41 months. The defendants also face possible fines and terms of supervised release.

The indictment is also seeking forfeiture.

The case was investigated by the Drug Enforcement Administration, Internal

Revenue Service Criminal Investigation Division, Federal Bureau of Investigation Health

Care Fraud Task Force, Philadelphia Police Department, and North Coventry Police

Department, and is being prosecuted by Assistant United States Attorney Tomika N.

Stevens.

“Prescription drug abuse has become an epidemic in our society, and with the

increased demand for these drugs has come the criminal activity that naturally follows -

including illegal drug distribution and violence," said First Assistant United States

Attorney Louis Lappen. “The individuals charged today with drug trafficking face

lengthy prison terms like those imposed on distributors of street level drugs such as

heroin and cocaine. We will continue to work with our law enforcement partners to bring

illegal drug traffickers to justice and stem the tide of prescription drug abuse in our

communities."

“The defendants charged today are drug dealers just like street dealers pushing

heroin and cocaine," said DEA Special Agent-in-Charge Dongilli. “Each is driven by

greed and intent on making as much money as possible at any expense and with a total

disregard of others. The Drug Enforcement Administration (DEA) will continue to

aggressively investigate anyone engaged in obtaining or selling prescription controlled

substances outside of a legitimate doctor-patient or pharmacist relationship. There is a

dangerous misunderstanding about prescription drugs. In Pennsylvania more people die

from prescription drug overdoses than heroin or cocaine."

“The laundering of illegal drug profits is as important and essential to drug

traffickers as the very distribution of their illegal drugs," said IRS Special Agent-in-

Charge Conner. “Without these ill-gotten gains, the traffickers could not finance their

organizations. The role of IRS Criminal Investigation in narcotics investigations is to

follow the money so we can financially disrupt and dismantle major drug trafficking

organizations. IRS Criminal Investigation is proud to provide its financial expertise as we

work alongside our law enforcement partners to bring criminals to justice."

“Drug diversion is a costly problem in this country - in both dollars, and lives,"

said FBI Special Agent in Charge Edward J. Hanko. “The FBI is fully committed to

investigating this fast-growing category of health care fraud."

“Aside from the human casualties resulting from prescription drug diversion, the

millions of dollars stolen from insurance programs is eroding trust in our health care

system," said Special Agent-in-Charge DiGiulio. “Our agents, working with federal and

local law enforcement, are finding a huge wave of illegal billing, identity theft, fraud in

the Medicare drug program, Medicaid, and other federal health insurance programs."

Prescription drug abuse, despite popular misconceptions, has become more wide-spread,

more destructive, and more dangerous than even street-level drug abuse. Nearly seven million

Americans are hooked on prescription drugs, more than are addicted to cocaine, heroin,

hallucinogens, ecstasy, and inhalants combined. The web of prescription drug abuse entangles

the poor and the rich, the old and the young, and does not discriminate based on race. Abuse of

prescription narcotics has reached epidemic proportions in this country. According to the

Centers for Disease Control and Prevention (CDC), prescription drug abuse is the fastest

growing drug problem in the United States, with the number of prescription drug overdoses

tripling over the last 20 years.

A 2011 report by the CDC indicated that nearly 15,000 people die every year of

overdoses involving prescription painkillers, and 1 in 20 people reported using prescription drugs

for non-medical reasons during the prior year. Drug overdose, including overdose of

prescription drugs, is now the leading cause of accidental death in the United States, recently

surpassing automobile accidents. Nearly three out of four drug overdoses are caused by

prescription painkillers, which include oxycodone. For every overdose death caused by

prescription painkillers, there are 32 emergency room visits due to the misuse or abuse of

prescription drugs. In 2011, oxycodone products were the prescription painkiller most

commonly involved in emergency room visits.

There are more overdose deaths caused by prescription drugs than by heroin and cocaine

combined. Prescription narcotics are dealt hand-to-hand, just like baggies of heroin or vials of

crack. According to the CDC, 76% of non-medical prescription drug users acquired drugs that

had been prescribed to someone else.

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UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA

Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106

PATTY HARTMAN, Media Contact, 215-861-8525

Source: U.S. Department of Justice, Office of the United States Attorneys

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