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Doctor and Pharmacist Alleged Co-Conspirators in Oxycodone Scheme

February 4th, 2015

A joint investigation by a number of federal and state authorities has resulted in charges being brought against a 70-year old physician and a 76-year old pharmacist in Houston. The two have been accused of operating a massive oxycodone distribution scheme that illegally dispensed 1.6 million doses of oxycodone. The charges against the men include a conspiracy to commit distribution of controlled substances, mail fraud, money laundering and health care fraud, and are being prosecuted by the U.S. Attorney’s office. The case involved a cooperative investigation run by the Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation unit, the U.S. Postal Inspection Service, the U.S. Department of Health and Human Services, and the Texas State Board of Pharmacy.

 

The physician involved is Dr. Richard Arthur Evans and the pharmacist is David D. Devido. According to the indictment, Dr. Evans would see patients from Louisiana and other states and write them prescriptions for oxycodone or hydrocodone, both of which are highly addictive and highly abused pain relievers.  The patients would then get the prescriptions filled by Briargrove Pharmacy, which was owned by Devido.  The doctor would charge the patients a fee of between $200 and $240 in cash for their first visit and he would then provide them with a prescription. He would advise them that, despite the fact that refills are not legally permitted for these medications, they could get another dose in thirty days with no office visit and another in another thirty days as long as they continued to send payments for visits. Once the money was received, Evans and his staff would get the prescription to Devido at the pharmacy and the drugs would be sent out to the patients via the U.S. mail or Fedex. The indictment indicates that an estimated 1.6 million dosage units of the medications were distributed in this way over a three-year period.

 

If they are convicted, each of the men faces a maximum of five years in federal prison on the conspiracy charge, as well as twenty-year maximum imprisonment on the multiple charges of distribution of controlled substances and mail fraud. The pharmacist is also charged with four counts of health care fraud, each of which carries 20 years maximum imprisonment. The physician has also been charged with money laundering. In addition to jail time they also face a fine of up to $250,000 if convicted.

 
     
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Gavin P. Lentz, Esq.
Bochetto & Lentz

Gavin Lentz (right) was selected as a "Super Lawyer" for 2006-2009 and 2010-2015 in New Jersey by Philadelphia Magazine. He has also been selected as a "Super Lawyer" by Philadelphia Magazine and the Legal Intelligencer in 2004, 2005, 2006, 2007 2008, 2009, 2010, and 2011 - 2015.

On September 16, 2002 Mr. Lentz was selected as one of the top 50 lawyers in Pennsylvania by the Legal Intelligencer.

He has made many television appearances, including on Fox News, The Today Show, Inside Edition, and The Phil Donahue Show.

Mr. Lentz is a member of the American Trial Lawyers Association and the Million Dollar Advocates Forum.

As a former prosecutor, he knows how to aggressively go after large pharmacy chains to prove the facts necessary to protect your loved one's rights.

 
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