Department of Justice
U.S. Attorney’s Office
Western District of Kentucky
FOR IMMEDIATE RELEASE
Thursday, July 20, 2019
PADUCAH, Ky. – United States District Court Senior Judge Thomas B. Russell sentenced Kyle W. Humphrey to two years imprisonment followed by three years of supervised release for stealing pre-retail prescription medications, mislabeling prescription medication in order to defraud or mislead, and wrongful use of health information; the defendant was also a prohibited person in possession of a firearm, announced United States Attorney Russell Coleman. Humphrey was also ordered to pay restitution of $21,216.94 to the three victim pharmacies in Kentucky, Illinois, and Idaho.
“Western Kentucky families and patients are safer today because of this outcome,” stated U.S. Attorney Russell Coleman. “I am grateful for the professionalism and mission-focus of the FDA, Calloway County Sheriff’s Office, and ATF throughout this investigation and successful prosecution.”
“Healthcare professionals who disrupt the FDA-regulated supply chain for prescription drugs put the health of all consumers at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations, Metro Washington Field Office. “We will continue to investigate and bring to justice pharmacists and other healthcare professionals who abuse the trust of U.S. consumers and patients.”
Humphrey, 34, plead guilty to the charges on March 27, 2019.
According to a plea agreement, On August 9, 2017, the Calloway County Sheriff's Department executed a search warrant at Humphrey's residence, seizing various quantities of prescription-only restricted drugs (pre-retail medical products). Seized drugs include Eliquis® (apixaban); Strattera® (atomoxetine HCl);ProAir® HF A (albuterol sulfate); Farxiga® (dapagliflozin); Cefprozil; Tamiflu®; Duloxetine;Aripiprazole; Ergocalciferol; Levofloxacin; Bystolic® (nebivolol); Xarelto® (rivaroxaban); Clindamycin Palmitate HCL; Mylan® Norethindrone tablets; Camila® Norethindrone tablets; Testosterone Gel tubes; and Testosterone Cypionate. These substances are prescription medicines regulated under the Federal Food, Drug, and Cosmetic Act. Humphrey was at all relevant times a pharmacist working at various pharmacies in the area. He stole these drugs from the pharmacies and concealed them at his residence.
On or about April 9, 2017, Humphrey knowingly and unlawfully obtained the personally identifiable health information of "SC" by printing a duplicate prescription label containing the personally identifiable health information of "SC" in furtherance of his duplicate label scheme. After printing this duplicate label, Humphrey affixed this duplicate label to an amber-colored prescription bottle and proceeded to fill this bottle with allopurinol stolen from his employer, Walmart. This conduct was done for personal gain. Sometime after filling this prescription bottle with stolen allopurinol, Humphrey removed a portion of the duplicate label so as to conceal his crime. This conduct caused the allopurinol bottle to be misbranded because the labeling on that prescription bottle was false or misleading. This dispensing was done with the intent to defraud Walmart.
The Benton Walmart pharmacy dispensing logs covering December 2016 and April 2017 indicate that Humphrey was working at the Benton Walmart on December 29, 2016 (the date a prescription was issued to "PB"). On July 17, 2017, HUMPHREY continued to maintain possession of the bottle, with intent to use it for personal gain. "PB" did not give any of her benzonatate to him nor did she ever give him a prescription bottle containing her personally identifiable medical information, nor did she give him permission to possess her personally identifiable medical information outside the scope of his employment.
On August 17, 2017, the Calloway County Family Court issued a Domestic Violence Order restraining Humphrey from further contact with M.R. The Order issued after a hearing of which he received actual notice, and at which he had an opportunity to participate, restraining him from harassing, stalking, or threatening an intimate partner, and that by its terms explicitly prohibited the use, attempted use or threatened use of physical force against such intimate partner that would reasonably be expected to cause bodily injury. On January 2, 2018, when Humphrey was subject to the Order, the Calloway County Sheriff’s Office arrested Humphrey for violation of the order, at which time he was in possession of a Sig Sauer 9 mm handgun.
On August 20, 2018, the District Court of the First Judicial District of the State of Idaho issued an Order restraining Humphrey from further contact with H.B. The Order issued after a hearing of which he received actual notice, and at which he had an opportunity to participate, restraining him from harassing, stalking, or threatening an intimate partner, and that by its terms explicitly prohibited the use, attempted use or threatened use of physical force against such intimate partner that would reasonably be expected to cause bodily injury. On September 18, 2018, when Humphrey was subject to the Order, federal authorities arrested Humphrey, at which time he was in possession of a Glock 23 .40 caliber pistol.
The case was prosecuted by Assistant United States Attorney Madison Sewell. The Food and Drug Administration Office of Criminal Investigations led the investigation with assistance from Calloway County Sherriff’s Department, and the Kentucky Board of Pharmacy. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) also assisted in the investigation.
USAO - Kentucky, Western