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The following is a press release issued by the US. Attorney’s Office
for the Northern District of Indiana on August 26, 2003. A printable version
is available at http://www.fda.gov/bbs/topics/NEWS/2003/doj082603.pdf.
U.S. Department of Justice FOR IMMEDIATE RELEASE |
Joseph S. Van Bokkelen |
The United States Attorney’s Office announced today that a Grand Jury
sitting in Hammond, Indiana, returned a 24-count indictment alleging the illegal
dispensation of prescription drugs against four individuals. Charged were JONG
HI BEK; RICHARD FALOONA; LEONARD TUCKER; and ROBERT DICKERSON, d/b/a 55TH AVENUE
PHARMACY.
BEK, age 62, of Chicago, Illinois, was a medical doctor practicing at 2247 Broadway
in Gary, Indiana. FALOONA, age 53, of Gary, Indiana, was the office manager
for BEK. TUCKER and DICKERSON are both licensed pharmacists who own and operate
55th Avenue Pharmacy in Merrillville, Indiana.
The indictment alleges that these individuals conspired to dispense prescription drugs outside the scope of professional practice and not for legitimate medical purposes. The alleged conspiracy occurred from September 2000 through July 2002, and involved a number of different prescription medications including Vicodin, Xanax, Darvocet and Halcion.
Persons came to BEK’s medical office and waited in long lines to be
seen by BEK. Many were out-of-state, some from as far away as California. Regardless
of the person’s medical condition, BEK prescribed a number of drugs, often
the type requested by the patient.
BEK and FALOONA directed these persons to particular pharmacies, including 55th
Avenue Pharmacy, as many local pharmacies would not honor BEK’s prescriptions.
DICKERSON and TUCKER filled these prescriptions, disregarding the fact that
certain combinations of drugs prescribed by BEK were contraindicated and potentially
dangerous.
The indictment also charges that these individuals engaged in a scheme to defraud
Anthem/Blue Cross/Blue Shield. The indictment alleges that the defendants prescribed
and dispensed prescription medication to an individual covered by Blue Cross/Blue
Shield. The medications were not for any legitimate medical purpose.
The indictment also alleges 22 counts of illegally dispensing a controlled substance.
BEK is named in all 24 counts; FALOONA is named in Counts 1 and 3 through 24; TUCKER is named in Counts 1, 3, 4, 5, 6, 7, 9, 11, 12, 14, 15, 22, and 24; DICKERSON is named in Counts 1, 3, 4, 5, 6, 7, 9, 11, 12, 14, 15, 22, and 24. Forfeiture of numerous bank accounts, the 55th Avenue pharmacy and other assets of the defendants obtained from these illegal schemes is also sought.
BEK, TUCKER AND DICKERSON appeared before a United States Magistrate Judge
late Monday for their initial appearance and arraignments. FALOONA is scheduled
to appear before a U.S. Magistrate Judge September 8 for his initial appearance
and arraignment. A status hearing is scheduled for October 24 at 10 a.m.
This indictment was the result of an extensive, cooperative law enforcement
effort involving the following agencies: the Drug Enforcement Administration;
the U.S. Food and Drug Administration; the Gary, Indiana Police Department;
the Indiana State Police; and the Indiana Department of Environmental Management.
The Benton Harbor, Michigan Police Department also provided assistance in this
investigation. This case will be prosecuted by Assistant United States Attorneys
Diane L. Berkowitz and Susan Collins.
"Today's indictment shows that the Department of Justice and FDA's Office of Crimininal Investigation can effectively strike at medical professionals who violate the public trust and endanger the public health," said FDA Commissioner, Mark B. McClellan, M.D., Ph.D. "FDA is committed to maintaining the integrity of the prescription process -- a process essential to the safe and effective use of potent medicines."
United States Attorney Joseph S. Van Bokkelen said: “This indictment is the result of extensive city, state and federal law enforcement efforts. It represents this office’s ongoing commitment to investigate, and where appropriate, to prosecute those who abuse their positions of trust.”
“The indictment of Doctor Bek and his co-conspirators would not have been possible without the close cooperative efforts of all the involved agencies. The Chicago Field Division is committed to working together with our state, local and federal counterparts to eradicate illegal dispensing of prescription drugs in the region,” said Richard W. Sanders, Special Agent in Charge, Drug Enforcement Administration, Chicago.
If convicted, all sentences and fines will be determined by the federal Sentencing
Guidelines.
The United States Attorney’s Office emphasized that an Indictment is merely
an allegation and that all persons charged are presumed innocent until and unless
proven guilty in court.
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