United States District Court, W.D. Kentucky, Louisville Division
Charles R. Simpson III, Senior Judge
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).
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).
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.
entities and individuals charged in this indictment are as
(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.
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