PADUCAH, Ky. – A Benton, Kentucky pharmacist was charged by a federal grand jury indictment for stealing medications, announced United States Attorney Russell M. Coleman.
The indictments charge Kyle W. Humphrey, age 34, with 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 and has also been charged in a separate indictment with that felony.
According to the indictment, on or about August 9, 2017, while working for a pharmacy in Calloway County, Humphrey concealed pre-retail medical products including: Finasteride, Allopurinol, Eliquis ®, Strattera®, ProAir® HFA, Farxiga®, Cefprozil, Tamiflu®, Duloxetine, Aripiprazole, Ergocalciferol, Levofloxacin, Bystolic®, Xarelto®, Clindamycin Palmitate HCL, Mylan® Norethindrone tablets, Camilia® Norethindrone tablets, Testosterone gel tubes, and Testosterone Cypionate. Between April 9, 2017 and August 9, 2017, Humphrey altered the labeling of allopurinol, a drug held for sale in the pharmacy. He is also charged with obtaining identifiable health information relating to an individual with the intent to use the information for personal gain.
“When prescription drugs are diverted from the legal supply chain, there is no longer any assurance that the products are safe and effective for their intended uses,” said Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations. “We will continue to pursue and bring to justice those who jeopardize consumers’ trust in their medications.”
Humphrey, was prohibited from carrying firearms as part of a court order issued by Calloway County Family Court on August 17, 2017; on January 2, 2018, Humphrey violated that order and was also charged with being a prohibited person in possession of a firearm.
If convicted, Humphrey faces no more than 20 years for concealment of pre-retail medical products, no more than three years for misbranding drugs, and no more than 10 years for wrongful use of health information. Humphrey also faces no more than 10 years for possessing a firearm while under a Domestic Violence Order.
Assistant United States Attorney Madison Sewell is prosecuting the case. 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.