The pharmacist-in-charge of one retail store in a Minnesota pharmacy chain diverted Schedule II opioids, including oxycodone and hydrocodone, over a period of years. According to the government's allegations, between 2011 and 2015 the pharmacist fabricated nine patient accounts and created numerous false prescriptions that were recorded in the chain's computerized prescription management system. Hundreds of doses of controlled substances went unaccounted for and were diverted for the pharmacist's personal use.
Federal prosecutors alleged the chain did not adequately monitor the employee's conduct and failed to keep complete and accurate records of the receipt and dispensing of Schedule II drugs. At the time, the chain's system did not consistently identify and process cash prescriptions, a gap that allowed the false prescriptions to go unnoticed. Once the chain learned of the pattern of theft, it reported the misconduct to the Drug Enforcement Administration, which led to a federal investigation.
The pharmacist-in-charge pleaded guilty to obtaining controlled substances by fraud under the Controlled Substances Act. Separately, on June 11, 2019, the U.S. Attorney's Office announced that the chain had agreed to pay $225,000 in civil penalties to resolve the alleged recordkeeping and control violations. The settlement addresses the pharmacy's independent obligation to maintain systems adequate to prevent theft and fraudulent prescriptions; it resolves allegations and is not an admission or finding of liability.
The matter was investigated by the DEA's Minneapolis-St. Paul diversion group and handled by the Affirmative Civil Enforcement unit of the U.S. Attorney's Office for the District of Minnesota.