Month: November 2024

Source: United States Department of Justice Criminal Division

A New England doctor pleaded guilty today to conspiring to illegally distribute controlled substances. This is the first joint prosecution of a doctor by the Justice Department’s New England Strike Force and U.S. Attorney’s Office for the District of Vermont.

“The defendant, a medical doctor based in New England, prescribed drugs to vulnerable patients in exchange for cash, knowing the patients were diverting the drugs,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The cases brought by the New England Strike Force, including today’s conviction, demonstrate the Criminal Division’s commitment to holding accountable medical professionals who endanger local communities by putting profits above their patients’ wellbeing.”

“When we announced the creation of the New England Strike Force, we said we would be focusing on medical professionals who put profits over their patients,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Khan is an example of that — a bad apple in a profession that takes an oath to uphold ethical standards and treat patients as you would want to be treated. Putting profits over patients is a severe violation of that oath, and, in this case, a violation of federal criminal law. Today’s guilty plea is another step in holding Khan liable for his illegal conduct.”

According to court documents, Adnan S. Khan, M.D., 48, of Grantham, New Hampshire, conspired with others to illegally distribute controlled substances through his business, New England Medicine and Counseling Associates (NEMCA), which operated a network of clinics in New England that purportedly provided clinical treatment services for persons suffering from substance use disorder. Khan and a co-conspirator prescribed controlled substances to NEMCA patients despite knowing that their patients were diverting the prescriptions. Khan admitted that he and others required cash for purported office visits to received controlled substance prescriptions and falsified medical records to justify his illegal prescribing practices.

During the conspiracy, Khan emailed a co-conspirator a Justice Department press release  announcing the creation of the New England Strike Force, a law enforcement partnership whose purpose is to identify and prosecute health care fraud and other criminal schemes impacting the New England region. In response, the co-conspirator stated that it is “clear that [references in the release to] ‘making profit off of patients’ is geared towards folks like us. Curious where this will lead.” Khan then emailed NEMCA staff and stated that “there is a new task force…[for the New England states] on the lookout for medical professionals who are prescribing scheduled meds irresponsib[ly], etc.” Khan warned his staff that “[i]t is not a matter of if someone from such a task force will visit NEMCA but rather a matter of time.” Khan then ordered his staff “NOT to engage or discuss anything [with the  New England Strike Force] about NEMCA, what we do, what we offer, fees, etc.”

“Rather than providing responsible addiction treatment to his patients, Khan ran his medical practice with the corruption and recklessness of a common drug dealer,” said Special Agent in Charge Roberto Coviello of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “His actions put patients and the community at risk. Today’s guilty plea is the result of a coordinated effort with our law enforcement partners as we continue our fight against addiction and the opioid epidemic.”

“Khan and his co-conspirator exploited vulnerable patients and cashed in on the very dependencies he was entrusted to treat,” said Special Agent in Charge Craig Tremaroli of the FBI Albany Field Office. “Today’s plea proves he is no better than a street level drug dealer motivated by pure greed as opposed to the oath he took to ‘first, do no harm’ to his patients. The FBI will continue to work with our partners on the New England Strike Force and U.S. Attorney’s Office to identify and bring to justice any practitioner looking to line their pockets in complete disregard for patient welfare and viability of our healthcare framework.”

“Our communities deserve honest and trustworthy medical practitioners,” said Acting Diversion Program Manager George J. Lutz Jr. of the Drug Enforcement Administration (DEA)’s New England Field Division. “Individuals betraying this trust through the illegal prescribing of controlled substances will be fully investigated by the DEA. Today’s guilty plea reinforces the value of the coordinated efforts with our law enforcement partners working alongside prosecutors to hold corrupt and reckless practitioners accountable for their actions.”

“So many Vermonters have been impacted by the opioid epidemic, which is why we must hold bad actors accountable, particularly physicians who use their prescribing power and their positions of authority to profit from their patients’ pain and suffering,” said Vermont Attorney General Charity R. Clark on behalf of the office’s Medicaid Fraud & Residential Abuse Unit. “I am proud to partner with the U.S. Attorney’s Office and Department of Justice in this effort.”

Khan and a co-conspirator required patients — many of whom were economically disadvantaged — to pay $250 cash in exchange for drug prescriptions, despite many of these patients’ having health care benefit coverage. If a patient could not afford the full cash payment, Khan would lower the dosage of that patient’s prescription. Khan then used funds that he earned from these patients to, among other things, purchase an airplane and multiple properties in New England. Khan would also personally deposit the cash that he received from patients, including deposits in excess of $10,000, at his bank.

Khan also admitted that he and a co-conspirator discussed their concern that, because pharmacies were no longer willing to fill the prescriptions, NEMCA might lose “dishonest” patients who were “selling their meds.” Khan said that their “honest patients” were “the smaller part of [NEMCA’s] clientele” and advised a co-conspirator that “it’s the diverters [of the drugs that] we need to try to figure out a way to retain.” A co-conspirator emailed Khan, suggesting that they give $100 “scholarships” to patients who owed them money. Khan responded he was “[s]tuck on ‘who’ should get them. S[******] patients owe me so much that $100 won’t even put a dent on their account and they probably won’t appreciate it. Maybe the borderline ones who are just over the $250 threshold? They would probably get on their knees in gratitude.”

Khan pleaded guilty to one count of conspiring to illegally distribute controlled substances. A sentencing hearing will be scheduled on a later date. Khan faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

As a condition of Khan’s release, he is prohibited from writing prescriptions for controlled substances.

The HHS-OIG, FBI, DEA, and Vermont Attorney General’s Office’s Medicaid Fraud and Residential Abuse Unit investigated the case.

Trial Attorneys Thomas D. Campbell and Danielle H. Sakowski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Gilman for the District of Vermont are prosecuting the case.

The Fraud Section partners with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout the country to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal/criminal-fraud/health-care-fraud-unit.

The Vermont Attorney General’s Office Medicaid Fraud and Residential Abuse Unit receives 75% of its funding from HHS-OIG under a grant award totaling $1,229,616 for federal fiscal year 2024. The remaining 25%, totaling $409,870 for federal fiscal year 2024, is funded by the State of Vermont.

Anyone needing access to opioid treatment services can contact HHS-OIG’s Substance Abuse and Mental Health Services Administration 24/7 National Helpline for referrals to treatment services at 1-800-662-4359.

Source: United States Department of Justice Criminal Division

A federal jury in Louisville, Kentucky, today convicted a former Louisville Metro Police Department (LMPD) officer for violating the civil rights of Breonna Taylor during the execution of a search warrant in March 2020 that led to the tragic death of Taylor in her home.

Brett Hankison, 46, was convicted on one count of civil rights abuse. Count one charged him with depriving Taylor of her constitutional rights when he fired five shots through a bedroom window that was covered with blinds and a blackout curtain. The jury found that Hankison used a dangerous weapon in the commission of the offense, and that his conduct involved an attempt to kill, although his shots did not strike Taylor. Hankison was found not guilty on count two, which charged him with depriving three of Taylor’s neighbors of their constitutional rights by firing five more shots through a sliding glass door that was also covered with blinds and a curtain.

“Today, Brett Hankison was found guilty by a jury of his peers for willfully depriving Breonna Taylor of her constitutional rights,” said Attorney General Merrick B. Garland. “His use of deadly force was unlawful and put Ms. Taylor in harm’s way. This verdict is an important step toward accountability for the violation of Breonna Taylor’s civil rights, but justice for the loss of Ms. Taylor is a task that exceeds human capacity.”

“This defendant is being held accountable for his willful and heinous use of deadly force that endangered the life of Breonna Taylor,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Breonna Taylor’s life mattered. We hope the jury’s verdict recognizing this violation of Ms. Taylor’s civil and constitutional rights brings some small measure of comfort to her family and loved ones who have suffered so deeply from the tragic events of March 2020. We hope that communities use this moment to say her name and to engrave on their hearts and minds Breonna Taylor’s life and enduring legacy. The Justice Department will continue to vigorously defend the civil rights of every person in this country to be free from unlawful police violence.”

According to evidence at trial, during the execution of the warrant at Taylor’s home, officers knocked on Taylor’s door and announced themselves as police at approximately 12:45 a.m. No one answered the door, and the officers saw no indication that anyone in the home was awake or had heard their announcement. The police then rammed the door open and Taylor’s boyfriend, believing that intruders were breaking in, fired his handgun one time at officers, two of whom fired back, hitting and killing Taylor.

Hankison was not one of the officers who fired from the doorway. He fired separately, from the side of the building, through a sliding glass door and a bedroom window, both of which were covered with closed blinds and curtains. Evidence showed that several of Hankison’s shots passed through Taylor’s apartment, pierced the interior walls and narrowly missed a young couple with a five-year-old child living next door to Taylor. Other shots flew over Taylor’s head as she lay on the floor of her apartment.

At trial, numerous law enforcement witnesses testified that officers are trained never to fire their weapons at a target they cannot see. Officers who were on the scene for the execution of the warrant, and others who responded later, testified that Hankison violated LMPD training and the principles of law enforcement when he fired blindly into a crowded apartment complex. The Commander of LMPD’s SWAT unit, who responded to the scene shortly after the shooting, testified that he was in “shock and disbelief” when he learned that Hankison had fired into the covered windows in Ms. Taylor’s home. The jury also heard from her neighbors, who were nearly hit by Hankison’s bullets.

Hankison will be sentenced on March 12, 2025. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Two other LMPD officers remain charged in connection with the search warrant executed at Taylor’s home. Former Detective Joshua Jaynes, 40, and LMPD Sergeant Kyle Meany, 35, are charged with federal civil rights and obstruction offenses for their roles in preparing and approving a falsified search warrant affidavit that resulted in the warrant that led to Taylor’s death. A trial will be set for a later date, and they are presumed innocent until proven guilty.

Another former LMPD officer, Detective Kelly Goodlett, previously pleaded guilty to conspiring with Jaynes to falsify the affidavit used to obtain a search warrant for Taylor’s home and to cover up their actions after Taylor’s death. A sentencing hearing is scheduled for April 29, 2025.

The FBI Louisville Field Office investigated the case.

Special Litigation Counsel Michael J. Songer and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section prosecuted the case.