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United States v. Reinhard

United States District Court, W.D. Kentucky, Louisville Division

August 14, 2017

UNITED STATES OF AMERICA PLAINTIFF
v.
MARK REINHARD DEFENDANT

          MEMORANDUM OPINION

          Charles R. Simpson III, Senior Judge

         This matter is before the court on motion of defendant Mark Reinhard to sever Count 6 of the Second Superseding Indictment (“SSI”) and for a separate trial from the other defendants and counts in this case. (DN 143).

         The SSI is comprised of ten counts covering the period May 2004 to July 2015. Five defendants, Philip E. Michael, II, Meds 2 Go Express Pharmacy, Inc. (“Meds 2 Go Express”), Mark Reinhard, Euton Laing, and Joetta Kuhn, are charged in various counts. Reinhard is charged only in Count 6, with the unlicensed wholesale distribution of prescription drugs in violation of 21 U.S.C. § 331(t) and 353(e)(1)(a)(II).

         Count 6 charges that from November 2012 to August 2014 Michael, Reinhard and Meds 2 Go Express engaged in the wholesale distribution of Tramadol from Meds 2 Go Express in West Virginia to Complete Patient Services, a wholesale fulfillment pharmacy located in Mobile, Alabama. It is charged that the drugs traveled through Kentucky when distributed to Complete Patient Services.

         The entities and individuals charged in this indictment are as follows:

(1) Philip E. Michael, II: The SSI charges that Michael, a pharmacist licensed in West Virginia, acted as a “fulfillment pharmacist” for RX Limited, an internet prescription pharmacy. The SSI charges that RX Limited employed U.S. pharmacies to fill its drug orders and ship the orders via FedEx, UPS, and USPS. The SSI charges that Michael was a pharmacist at Aracoma Pharmacy in Chapmanville, West Virginia, and owned and operated Alum Creek Pharmacy in Alum Creek, West Virginia. Michael is also alleged to have owned and operated a “fulfillment pharmacy, ” Meds 2 Go, Inc., until 2012 when it ceased doing business. The SSI charges that Michael owned and operated Meds 2 Go Express, also a named defendant in the SSI, through which Michael and Reinhard purportedly conducted an illegal wholesale drug distribution operation from May 2012 until August 2014.
(2) Euton Laing: The SSI charges that Laing, a physician licensed to practice medicine in New Jersey, acted as an “RX Limited Physician, ” issuing invalid prescriptions for RX Limited's internet customers.
(3) Mark Reinhard: The SSI charges that Reinhard was a pharmacist employed at Meds 2 Go Express and at times at Alum Creek Pharmacy who engaged in the unlicensed wholesale distribution of prescription drugs.
(4) Meds 2 Go Express Pharmacy, Inc.: Meds 2 Go Express is alleged to have been an internet pharmacy owned and operated by Michael through which the wholesale drug distribution scheme charged in Count 6 was accomplished.
(5) Joetta Kuhn: The SSI charges that Joetta Kuhn, an accountant for Philip Michael, Meds 2 Go, Inc., and Meds 2 Go Express Pharmacy, Inc., who was responsible for preparing their taxes, provided misleading information to criminal investigators in 2015.

         The SSI charges:

Michael and Laing with conspiracy to unlawfully distribute and dispense controlled substances (Count 1);
Michael and Laing with conspiracy to violate the Federal Food, Drug, and Cosmetic Act by distributing misbranded drugs through the operation of Meds 2 Go, Inc. (Count 2);
Michael and Laing with conspiracy to distribute misbranded drugs through Aracoma Pharmacy Count 3); Michael and Laing with ...

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