Former Nurse Sentenced for Stealing Opioids from Kansas Hospital

Source: United States Department of Justice News

KANSAS CITY, KAN. – A Kansas man was sentenced to 18 months in prison and his nursing license forfeited after stealing controlled substances from his employer.

According to court documents, in March 2021, Alec Ramirez, 32, of Overland Park removed vials of fentanyl and hydromorphone from an automated dispensing cabinet at Menorah Medical Center in Overland Park and replaced the substances with an alternate liquid before returning the vials to the cabinet.

In December 2022, Ramirez pleaded guilty to one count of tampering with a consumer product and one count of possession of fentanyl by deception and subterfuge.

The Drug Enforcement Administration and the Food and Drug Administration – Office of Criminal Investigations investigated the case.

Assistant U.S. Attorneys Faiza Alhambra and Trent Krug prosecuted the case.

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United States Files Complaint Alleging that Rite Aid Dispensed Controlled Substances in Violation of the False Claims Act and the Controlled Substances Act

Source: United States Department of Justice News

The Justice Department announced today that the United States has filed a complaint in intervention in a whistleblower lawsuit brought under the False Claims Act (FCA) against Rite Aid Corporation and various subsidiaries (collectively Rite Aid) alleging that Rite Aid knowingly filled unlawful prescriptions for controlled substances. In addition to alleging claims under the FCA, the government’s complaint also alleges violations of the Controlled Substances Act (CSA). Rite Aid is one of the country’s largest pharmacy chains, with over 2,200 pharmacies in 17 states.

“The Justice Department is using every tool at our disposal to confront the opioid epidemic that is killing Americans and shattering communities across the country,” said Attorney General Merrick B. Garland. “That includes holding corporations, like Rite Aid, accountable for knowingly filling unlawful prescriptions for controlled substances.”

“We allege that Rite Aid filled hundreds of thousands of prescriptions that did not meet legal requirements,” said Associate Attorney General Vanita Gupta. “According to our complaint, Rite Aid’s pharmacists repeatedly filled prescriptions for controlled substances with obvious red flags, and Rite Aid intentionally deleted internal notes about suspicious prescribers. These practices opened the floodgates for millions of opioid pills and other controlled substances to flow illegally out of Rite Aid’s stores.”

“The opioid crisis has exacted a heavy toll on communities across the United States,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s complaint is an important reminder that the Justice Department will hold accountable any individuals or entities, including pharmacies, that fueled this terrible crisis.”

“Pharmacies, physicians, corporations, and other health care entities that have contributed to the proliferation of opioids in our communities and the tragic loss of life from overdose deaths must answer for their role in the crisis we now face,” said First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio. “This complaint is a continuation of the Justice Department’s commitment to hold accountable those entities that aggravated and profited from the opioid crisis.”

The government’s complaint alleges that, from May 2014 through June 2019, Rite Aid knowingly filled at least hundreds of thousands of unlawful prescriptions for controlled substances that lacked a legitimate medical purpose, were not for a medically accepted indication, or were not issued in the usual course of professional practice. These unlawful prescriptions included, for example, prescriptions for the dangerous and highly abused combination of drugs known as “the trinity,” prescriptions for excessive quantities of opioids, such as oxycodone and fentanyl, and prescriptions issued by prescribers whom Rite Aid pharmacists had repeatedly identified internally as writing illegitimate prescriptions. The government alleges that Rite Aid pharmacists filled these prescriptions despite clear “red flags” that were highly indicative that the prescriptions were unlawful. The government further alleges that Rite Aid not only ignored substantial evidence from multiple sources that its stores were dispensing unlawful prescriptions, including from certain pharmacists, its distributor, and its own internal data, but compounded its failure to act by intentionally deleting internal notes about suspicious prescribers written by Rite Aid pharmacists and directing district managers to tell pharmacists “to be mindful of everything that is put in writing.” By knowingly filling unlawful prescriptions for controlled substances, the government alleges that Rite Aid violated the CSA and, where Rite Aid sought reimbursement from federal healthcare programs, also violated the FCA. 

Along with Rite Aid Corporation, the government’s complaint names as defendants the following Rite Aid subsidiaries: Rite Aid Hdqtrs, Corp.; Rite Aid of Connecticut, Inc.; Rite Aid of Delaware, Inc.; Rite Aid of Maryland; Rite Aid of Michigan; Rite Aid of New Hampshire; Rite Aid of New Jersey; Rite Aid of Ohio; Rite Aid of Pennsylvania; and Rite Aid of Virginia.

“The action supported today by the Drug Enforcement Administration (DEA) should serve as a warning to those in the pharmacy industry who choose to put profit over customer safety,” said Special Agent in Charge Orville O. Greene of the DEA.

“Pharmacies are required to ensure prescription drugs are only dispensed based on valid prescriptions,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “Prescriptions which are not medically necessary, and not for a medically accepted indication, will not be paid for by Medicare and Medicaid. HHS-OIG will continue to work with our law enforcement partners and the Department of Justice’s Civil Division to recover improperly paid funds through the FCA.”

Whistleblowers Andrew White, Mark Rosenberg, and Ann Wegelin, who all previously worked for Rite Aid at various pharmacies, filed an action in October 2019 under the qui tam provisions of the FCA. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties. The case is captioned United States ex rel. White et al. v. Rite Aid Corp., et al., No. 1:21-cv-1239 (N.D. Ohio).

The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

This matter is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Northern District of Ohio. The DEA Cleveland Field Division, FBI Cleveland Field Office, and HHS-OIG provided substantial assistance in the investigation.

The United States is represented in this matter by Senior Trial Counsel Christopher Wilson of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Patricia Fitzgerald and Elizabeth Berry for the Northern District of Ohio.

The Justice Department is committed to holding responsible those who have fueled the opioid crisis by violating the law. Last week, the Associate Attorney General announced the creation of the Opioid Epidemic Civil Litigation Task Force, which formalizes and enhances coordination of the Department’s existing work and will consider new initiatives. Because of the scope and duration of the crisis, the Task Force includes U.S. Attorneys’ Offices, the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch (Fraud Section), the Drug Enforcement Administration, and other Department components. The Task Force will steer the Department’s civil litigation efforts involving actors alleged to have contributed to the opioid epidemic, including by diverting prescription opioids.

The claims asserted against defendants are allegations only and there has been no determination of liability.

Assistant Attorney General Kenneth A. Polite, Jr. Delivers Remarks in Houston at Office of Justice Programs’ Grant Writing Seminar

Source: United States Department of Justice Criminal Division

Remarks as Prepared for Delivery

Thank you, Al, for that introduction. Thank you all for being here. And I want to give a particular thank you to Leon Truley, the Law Enforcement Coordinator for the U.S. Attorney’s Office, for helping organize this event.

It is a pleasure to be here with you all today. My name is Kenneth Polite, and I am the Assistant Attorney General for the Department of Justice’s Criminal Division. I have the honor of supervising over 1,400 public servants, tasked with working on a wide range of criminal justice priorities.

Last fall, I came here to Houston and, along with my partners in the U.S. Attorney’s Office and the Office of Justice Programs (OJP), we announced a violent crime initiative to surge prosecutorial resources to target the worst of the worst who are terrorizing this community.

But as we said then, prosecution alone will not make our neighborhoods safer. To borrow from former Attorney General Eric Holder, we should not view ourselves as just prosecutors who file criminal cases. Instead, we can be true community problem solvers.

It is imperative that the department not just try to put people behind bars but that also we work with the community directly to try to address the root causes of crime. Enforcement is a critical tool, but it cannot be the only tool. That we look beyond enforcement to prevention, reentry, and rehabilitation.

That is why I’m so pleased that two representatives from OJP’s Bureau of Justice Assistance – Michelle Garcia and Tammy Brown – are here today to talk with you all about the grant writing process and about particular programs that are coming up in the next few weeks.

Take, for instance, the Improving Adult and Youth Crisis Stabilization and Community Reentry Program, which involves over $7 million to local governments as well as community-based nonprofit organizations. This funding will enhance services to improve reentry, reduce recidivism, and address the treatment and recovery needs of people who have been in the criminal justice system who have mental health, substance use, or co-occurring disorders, which so often can be a contributing factor to crime.

Because it is only in this wholistic approach that we can truly have success. We must walk with you. Talk with you. See you. Hear you. And help you. We are proud to be part of this community. I look forward to working with you, individually and collectively, in making Houston a safer place for us all.

I will now turn it over to Michelle and Tammy.

Defense News: Naval Oceanography: At The Leading Edge of Unmanned Systems

Source: United States Navy

The U.S. Navy’s development of unmanned systems dates to the Pioneer Era of Aviation. In 1911, the Navy contracted Elmer Sperry, inventor of the gyroscope (critical for stabili­zation of all aircraft, manned and unmanned), to begin work on systems that would be used to usher in the first controlled unmanned airplanes. In September 1917, during the height of World War I, the Hewitt-Sperry Automatic Airplane, which the Navy called an “aerial torpedo,” took flight. The craft was one of the first unmanned aerial vehicles in history to fly. Just a few years later, in 1921, the Navy repurposed the battleship USS Iowa (BB-4) as a remotely controlled craft. Officially designated “Coast Battleship No. 4,” the vessel, one of the world’s first military unmanned surface vehicles, was used as a target ship. Decades later, the Navy helped develop, fully funded, and operated the world’s first under­water unmanned vehicle. Called the Self-Propelled Underwater Research Vehicle, or SPURV, the program began in 1957 and was used to gather hydrographic information.

METOC has developed, and continues to refine, tech­nology that traces its lineage to these decades-old progeni­tors. Today, the command operates and sources data from an extensive fleet of some of the most advanced unmanned systems ever developed. These systems are critical for the Department of Defense to maintain readiness and up-to-the-minute environmental situational awareness, notably in strategic locations on the globe that are “data sparse” due to their lack of long-term, persistent sensors. These include a multitude of aircraft systems, sea surface systems, and under­water craft that collect relevant atmospheric and oceano­graphic data and transmit it for processing. Unmanned aircraft that can supply data to METOC include the large MQ-4C Triton, the Navy variant of the Global Hawk. The platform, which has a wingspan of 130 feet, 11 inches, can operate for more than 24 hours and at altitudes up to 56,000 feet above sea level (the system has flown over active hurri­canes). METOC also sources data from smaller unmanned aerial vehicles, including hand-launched systems and high-altitude balloons. One of the most valuable aerial tools used by the command is the dropsonde, a small unmanned system that can be deployed from either a manned or unmanned aircraft. The dropsonde falls through the atmo­sphere, slowed by a parachute, and its position is continuously recorded by GPS. It collects and transmits temperature, pres­sure, and humidity profiles along its descent. Data gathered by dropsondes allow METOC to quickly develop detailed 3-dimensional models of the atmosphere, in near real-time. Sea surface systems employed by METOC include a number of small systems that can function autonomously, called auton­omous surface vehicles. These collect data in the atmosphere, on the sea surface, and underwater. Some of these are high endurance vessels, notably those powered by wind and solar energy. METOC also operates a large array of fixed and drifting buoys that collect and transmit both hydrographic and atmo­spheric data. “Profile floats” are systems that, through using buoyancy control with oil, automatically dive into the depths, collect data on the way down and then on the way up, and then transmit this data via satellite link once at the surface.  Plying the depths beneath the surface of the world’s oceans, the command operates a fleet of underwater vehi­cles. Called AUVs, or autonomous underwater vehicles, these are direct descendants of the SPURV. One of the AUVs operated by METOC, the REMUS (Remote Environmental Measuring UnitS), can operate at depths of 20,000 feet and has an endurance of 30 hours.

METOC recently acquired a “Superior Class” AUV, the HUGIN. This vehicle, based on a carbon fiber monocoque body, can carry a wide suite of sensor systems, has a range of 1,350 miles, and can operate for up to 24 hours and at depths approaching 20,000 feet.  METOC also operates a fleet of “ocean gliders,” a highly specialized type of unmanned underwater system that can gather data for up to six months straight and can autono­mously cross entire oceans. A glider resembles an airplane, with a long, narrow body, swept wings, and a simple tail section. Powered by batteries, the highly-efficient system uses buoyance control, via oil bladders, to repeatedly rise and sink in the seas. Vertical motion is converted to forward travel, care of the wings, and the system can steer itself into an area of interest, despite currents. A glider transmits its collected data each time it surfaces, the frequency of which is programmable from hours to days. While unmanned systems have existed for decades, many components of the Department of Defense haven’t widely adopted them into operational use until relatively recently. METOC is an exception to this, as it has included unmanned systems in its core suite of sensor platforms for decades. As such, it has developed leading-edge capabilities to manage not just large volumes of data, but large numbers of inde­pendently-operating remote platforms. Furthermore, it has pioneered mechanisms to integrate the volumes of data sourced from myriad unmanned systems with collections from manned platforms and satellites for the creation of accu­rate, timely environmental information products for American and ally forces operating anywhere on the planet. “Naval Oceanography has successfully employed and oper­ated unmanned systems for over 20 years, and, while unmanned systems applications are broad, we leverage these types of capabilities to characterize the physical environ­ment, improve our modeling and predictions to fully inform decisions,” summarized Rear Admiral Ron Piret, Commander, Naval Meteorology and Oceanography Command, about METOC’s unmanned systems capability.
 
 

District Man Found Guilty of Charges for Shooting Four People in Northeast Washington D.C.

Source: United States Department of Justice News

            WASHINGTON – Travis Littlejohn, 38, of Washington, D.C., was found guilty by a jury of the July 5, 2019, shooting of three men and a woman in Northeast Washington, D.C., announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department. The verdict was returned late in the day on March 10, 2023. The Honorable Maribeth Raffinan scheduled sentencing for June 2, 2023.

            Littlejohn was found guilty following a two-week trial in the Superior Court of the District of Columbia, of all charges in the 28-count indictment, including four counts of assault with intent to kill while armed, one count of aggravated assault while armed, and three counts of assault with significant bodily injury, along with related firearms offenses.

            According to the government’s evidence, on the night of July 5, 2019, after getting into a verbal and physical altercation with a group of people gathered in the 3800 block of Minnesota Avenue NE, Washington, D.C., Littlejohn drove to an apartment two blocks away. Littlejohn drove back to the block minutes later, and after exchanging words with the group again, fired at least seven rounds at them from a semiautomatic firearm from a short distance away. Littlejohn shot four people before two members of the group returned gunfire. Three of the victims suffered significant injuries, but one victim was more seriously injured.

            This case was investigated by Metropolitan Police Department Detective Kurt Hansen with assistance of Sixth District Officer Keith Cyphers. The case was prosecuted and tried by Assistant U.S. Attorneys Michael Toogun and Samuel White, and indicted by Assistant U.S. Attorney Michael McCarthy of the Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by Paralegal Specialists Renee Prather, Debra McPherson & Crystal Waddy, SA Nelson Rhone of the Criminal Investigation Unit, and Litigation Technology Specialist Leif Hickling.