I * FOR THE NORTHERN DISTRICT OF GEORGIA /US j …media.cmgdigital.com/shared/news/documents/2014/08/10/Anthony...FOR THE NORTHERN DISTRICT OF GEORGIA /US j lj4 ... JOSHUA GADD UNDER

FILED IN OPEN coa rIN TH5 UNITED STATES DISTRICT COWRT (j s p (! Ayjajlu

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FOR THE NORTHERN DISTRICT OF GEORGIA /US j lj4

laaus N, 1 cjvrkATIANTA DIVISION g : lt. ; Dgput wk

UNSTED STATES OF AMERICA CRIMINAL INDICTMENT

4:2291*No . : 1 1

ROMIE RQLAND, M.D.AKTHONY LICATACRARLYN CARTERADRIAN SINGLETA'RY

DANTI CUMMINGSANTHONY FERGUSONDANNY THOMPSON

JOSHUA GADD

UNDER SEAL

THE GRAND JURY CHARGES THAT:

INTRODUCTIQN

At all times releyant to this' Indictment:

The Controlled Substances Act governed the manufacture,

distribution, and dispensing of controlled substances in the United

states. The Controlled Substanceà Act defines a ''controlled

substancel' as a drug or other substance that was included within

one of f ive ''schedules'' - Schedule I , 11 p 111, IV, or V - of Subchapter

1, Part B of the Act. 21 U.S.C. 5 802(6).

Various prescription drugs are defined as ccntrolled

substances under the Act. Drugs are placed into these schedules based

on their potential for abuse, aëong other things. Schedule I drugs

have a high potential for abuse, have no currently accepted medical

use, and lack accepted safe use. 21 U.S.C. 5 812(b)(1). Schedule

Case 0:14-mj-06285-BSS Document 1 Entered on FLSD Docket 08/07/2014 Page 1 of 20

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Typewritten Text

OUR CASE NO.14-6284-BSS OUR CASE NO.14-6285-BSS

11 dyugs have a currently accepted medical use with severe

restrictions and have a high potential for abuse that can .lead to

severe psychological or physical dependence. 21 U.S.C. j 8l2(b) (2).

Schedule I5I drugs have a currently accepted medical use and have

a high potential för abuse, less than the drugs listed in Schedule

11 . 21 U .' S . C . j 8l2 (b) Schédule IV drugs have a currently accepted

medical 4se and have a low potential for abuse.relative to the drugs

in schedule 111. 21 U.S.C. j 8l2(b) (4).

3. Oxycodone, an opiate, a Schedule 11 controlled

substance. 21 C.F.R. 5 l308.12(b) (1). Oxycodone is Sold generically,

and the brand names Oxycontin, Roxicodone, and Percocet are

prescription drugs that contain Oxycodone. Percocet contains a

miyture of Oxycodone and Acetaminophen. Morphine Sulfate, a

painkilier, is a Schedule 11 controlled substance. 21 C.F.R. 5

1308.12 (b)(l). Morphine is sold generieally or under the brand name

MS Contin.

21,

controlled substances listed in Schedules 111, and IV can be

dispensed or distributed only by prescriptions by a licensed

practitioner. The Drug Enforcement Administration (DEA) as

authorized by the Act, issues registration numbers to qualifying

doctors and pharmacists that allow them to dispense or distribute

Schedule II, 111, and IV controlled substances. Accordingly, the

21, United States Code? Section 822(b), and TitleTitle

code of Federal Regulations, Section 290.1, provide that the


controlled substances described above can be dispensed only pursuant

to a valid prescription from a physician authorized to prescribe

controlled substances by the jurisdiction in which he is licensed

to practice his profession, and authorized by the DEA to prescribe

controllqd substances. C.F.R. 5 1306.03.

Title 21, Code of Federal Regulations, Section 1306.04,

provides that in order for a prescription for a controlled substance

to be valid, ''must be issued for a legitimate medical purpose

by an individual practitioner acting in the usual course of his

professional practice/' This section further provides that;

The responsibility for the proper prescribing anddispensing of controlled substances is upon theprescribing practitioner . . . An order purporting to

be a prescription issued not in the usual course ofprofessional treatmept or in legitimate and authorizedresearch is not a prescription within the meaning and

intent of section 309 of the Act (21 U.S.C. 5 829) andthe person knowingly filling such a purportedprescription, as well as the person issuing it, shall be

subject to the penalties provided for violations of theprovisions 6f law relating to controlled substances.

21 C.F.R. 1 1306.04.

An order purporting to be a prescriptipn that was issued

outside the ûsual course of professional treatment is not a

prescription within the meaning of the Controlled Sub/tances Act,

and the person who issues the prescription violates section 841(a)(l)

of Title of the United àtates Code.

CHIRON MEDICAL, ZXPRESS HEALTH, ATLANTA PAIN MANAGEMENT,

and KEY PAIN (hereinafter referred to collectively as the Mclinicar')


were ostensible pain clinics operating around Atlanta, Georgia.

8. ROMIE ROLAND, M.D. Was a doctor at the Clinics. ROLAND

was registered with the DEA under the provisions of the Controlled

substances Act as a practitioner and was assigned a DEA rqgistration

number that authorized him to write prescriptions for Schedule II,

and V controlled substances .

ANTHONY LICATA was the principal owner/operator of the

Clinics, and was directly involved in their operations. CHARLYN

CARTER was the Office Mlnager, which capacity she' ovevsaw the

Clinics' day-to-day operations, including scheduling appointments,

patient in-take, billing, and monitoring the doçtors/ work

activities. ADRIAN SINGLETARY was a security guard at the Clinics,

and he would also assist with patient triage. ANTHONY LICATA,

CHARLYN CARTER, and ADRIAN SINGLETARY? were not medical doctors

authorized to practice medicine.

10. DANTE CUMMINGS, ANTHONY FERGUSONZ DANNY THOMPSON, and

JOSHUA GADD ''sponsored'' a number of different patients' visits to

the clinics. Specifically, they would contact the Clinics and

schedule visits for multiple patients. These defendants would

supervise the visits, financing the costs of 50th seeing the doctor

as well as filling the prescriptions. The goal of this sponsorship

was to procure multiple prescriptions for ccntrolled substances;

these prescriptions were then filled, apd the narcotics sold for

a profit.


COUNT ONE

(2l U.S.C. j 846)(Conspiracy)

The allegations contained in paragraphs l through 10 are

hereby repeated, realleged? and incorporated by reference as if fully

set forth herein .

12. Beginning in or about February 2013 and continuing

until the present, within the Northern District 6f Georgia, the

defendants, ROMXE ROLAND? M.D.C ANTHONY LICATA, CHARLYN CARTER,

ADRIAN SINGLETARY , DANTE CUMMINGS , ANTHONY FERGUSON , DANNY THOMPSON ,

and JOSHUA GADD did knowingly combine,

and have a tacit understanding with

conspire, confederate, agree,

others known and unknown to the

Grand Jury, to knowingly and

outside the usual course of

intentionally distribute and dispense?

professionll medical practice and for

no legitimate medical.purpose, mixtures and substances containing

detectable amounts of various controlled substances, including, but

not limited to, Oxycodone (Schedule 11), Oxycodone and Acetamin6phen

(schedule 11), Morphins (Schedule 11), in violation of Tible 21,

ited states cpde, section 841(a)(1), (b)(l)(C) and tb) (2).Un

Purposes, Ways, Manner and Means of the Conspiracy

The purposes of the conspiracy included, but were not

limited to; the following:

To prescribe as many Oxycpdone, Oxycodone and

Acetaminophen, and Morphine pills, among other drugs, as possible,

irrespective of legitimate medical purpoée for presqribing them,


to generate profits. To accomplish this purpose, the defeniant, ROMIE

ROLAND, M .D., with the knowing involvement and participation of

ANTHONY LICATA , CHARLYN CARTER , and ADRIAN SINGLETARY , would

prescribe excessive amounts of Oxycodone, Oxycodone and

Acetaminophen, and Morphine, for other than a legitimate medical

purpose and not in the usual course of professional treatment, thus

causing, aiding, abetting, and facilitating the misuse, abuse, and

further distribution of the controlled substances.

It was part of the conspiracy that ROMIE ROLAND, M.D . would

prescribe Schedule 11 controlled substances, such as Oxycodone,

Oxycodone and Acetaminophen, and Morphine, at a patient's first

appointment without conducting a thorough medical examination, which

thus did not result in a legitimate diagnosis justifying the

prescriptionp of the controlled substances. Further, the defendant,

ROLAND, prescribed these drugs in amounts and dosage combinations

that exceeded that required for legitimate medical treàtment and

aroused suspicion from pharmacists. At later follow-up visits, the

defendant, ROLLND, wrote additional prescriptions with no or limited

further medical evaluation that was required to continue writing

préscriptions at the dosages indicated on the prescriptions. Further,

ROLAND prescribed i'throwaway'' prescriptions - prescriptions for

non-contrdlled substances that he knew would not always be filled

by patients - and developed other practices and procedures to avoid

being detected and targeted by law enforcement.


The défendants, ROMIE ROLAND, M.D., ANTHO;Y LICATA,

LYN CARTER, and ADRYAN SJNGLETARY, continued prescribingCHAR

controlled substanceà even after hearing patients talk about

diversion, ignoring obvious indications of misuse. The Clipics

serviced an inordinate amount of people, most having traveled from

out-of-state. LICATA nade it a practice of the Clinics to charge

out-of-state patients more for a visit than patients from Georgia.

It was futther part of the conspiracy that the defendants,

DANTE CUMMINGS, ANTHONY FERGUSQN, DANNY THOMPSON, and JOSHUA GADD,

w6uld sponsor other patients' visits to the Clinics.. CUMMINGS,

THOMPSON, FERGUSON, and GADD Would contact the Clinics, arrange for

multiple patients to be seen by the physician, apd often times pay

for each patient's visit. After these patients obtained

prescriptions for controlled substancqs, the prescripfions were

filled at pharmacies around the nation, and the narcotics were

distributed for a profit.


COUNT TWO

(21 U.S.C. 5 856)(Maint:ining Drug-lnvolved Premises)

The allegations contained in paragraphs 1 through 10 are

hereby repeated, realleged, and incorporated by reference as if fully

set forth herein.

Beginning on a date unknown, but at least by May 24, 2013,

and continuing until on or about December 3o, 2013, within the

Northeçn District of Georgia, the defendants, ROMIE ROLAND, M.D.,

ANTHONY LICATA, and CHARLYN CARTER, did knowingly and intentionally

open, lease, rent, use and maintain a place, namely a business

location operating as BExpress Health,'' located at 3149 E. Shadowlawn

Drive, in Atlanta (Fulton Couhty), Georgia? for the purpose of

distributing Schedule

of professional medical practice and for other than a legitimate

controlled substances? outside the course

medical purpose,

Sçctions 84l(a) (1) and (b) (i) (C), and 841(b) (2), all in violation.

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of Title 2l, United States Code, Section 856(a) (1), and Title 18,

United Statés Code, Section

violation of Title United states Code,


COUNTS THREE - SIX

(21 U.S.C. j 841)(Distribution of a Controlled Substance)

19. The allegations contained in paragraphs 1 through 10 are

hereby repeated, realleged, and incorporated by reflrence as if fufly

set forth herein .

20. On or about October 2l, 2013, in the Northern District

of Georgia, the defendant, ROMIE ROLAND, M.D., a physician authorized

to prescribe controlled spbstances, did knowingly and intentionally

distribute guantities of Schedule 11 controlled subgtances, by

prescribing outside the scope of professional practice and not for

a legitimate medical purpose, the mixturqs and substances described

and designated below:

COUNT PATIENT DATE Rx PRESCRIBED

THREE Patient L.C. October 2l? 2013 56 MS Contin 30mg90 Roxicodone 30mg

FOUR Patient K.S. October 21, 2013 12O Percocet 10/325mg

FIVE Patient J.M. October 21, 2013 120 Percocet 10/32Smg

sIX Patient R.B. October 2l, 2013 12O Percocet 10/325mg

all in violation of Title 21, ' United States Code? Sections 84l (a) ( 1) ,

( b ) ( l ) ( C ) and (b) (2).


COUNTS SEVEN - EIGHT

(21 U.S.C. â 841)(Distribution of a Controlled Substance)

21. The allegations contained in paragraphs through 10 are

realleged, and incorporated by reference as if fullyhereby repeated,

set forth herein.

22. On or about November 18, 2013, in

of Georgia , the def endant , ROMIE ROT,AND , M .D . ;

the Northern District

a physician authorized

to prescribe controlled substances, did knowingly ànd intentionally

distribute quantities of Schedule 11 controlled substances, by


a legitimate medical purpose, the mixtures and substances described


COUNT PATIENT DATE DRUGS .

SEVEN Patient L.C. November 18, 2013 120 Oxycodone 30mg

EIGHT Patient J.M. November l8, 2013 90 Oxycodone 15mg

United States Code,sections 841(a) (1),

( b ) ( l ) ( C ) and (b) ( 2 ) .

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COUNTS NINE - ELEVEN

(2l U.S.C. 5 841)(Distribution of a Controlled Substance)



set .forth herein .

On or about December 18, 2013, in the Northern Diytrict

of Georgia, the defendant, ROMIE ROLAND, M.D., a physician authorized

to prescribe controlled substances, did knowingly and intentionally

distribute quantities of schedule 11 controlled substances, by

prescribing outside the scope of professional practiee and not for

a legitimate medical purpose, the mixtures and substances desctibed


' COUNT PATIENT DATE DRUGS

NINE Patient L.C. December 18, 2013 130 Oxycodone 30mg

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TEN Patient R.B. December 18, 2013 130 Percocet 10/325mg

ELEVEN Patient K.S. December l8, 2013 l30 Percoeet 10/325mg

all in violation of Title 21, United States Code, Sections 84l(a) (1),

( 1) ( C) and (>) ( 2 ) .

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COUNTS TWELVE - FOURTEEN

(21 U.S.C. 5 841)(Distribution of a Controlled Substance)

The allegations contained in paragraphs through 7 are


set forth herein.

On or about January 27, 2014, in the Ncrthern District

of Georgia, the defendant, ROMIE ROLAND, M,D., a physician authorized



jn - 'prescri ing outside the scope of prof essional practice and not f or

a legitimate medical purpose, the mixtures and substancés described

d designated below:an

couuT PATIENT bATE DRuGs

TWELVE Patient January 2014 l30 Oxycodone 30mg

THIRTEEN Patient R.B. Janùary 27, 2014 13Q Percocet 10/325mg

FOURTEEN Patient K.S. January 27, 2014 l30 Percocet 10/325mg

all in violation of Title 21 , United States Code , Sections 84l (a) (l) ,

(b) ( 1) ( C) and (b) (2 ) .

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COUNTS FIFTEEN - SEVENTEEN

(2l U.S.C. j 841)(Distribution of a Controlled Substance)

The allegations contained ih paragraphs 1 through 10 are

hereby repeated, realleged,

set forth herein.

and incorporated by reference as if fully

28. On or about February 26, 2014, in the Northern District

of Georgia, the defendant, ROMIE ROLAND, M.D ., a physician authorized




a legitimate medical purpose, çhe mixtures and substances described


COUNT PATIENT DATE DRUGS

FIFTEEN Patient L.C. February 26, 2014 l30 Oxycodone 30mg

DIXTEEN Patient R.B. February 26, 2014 l20 Oxycodone 15mg

SEVENTEEN Patient K .S, February 26, 2014 90 Oxycodone 15mg

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a1l in violation of Title 21, United States Code, Sections 84l(a) (1),

(b) ( l ) ( C) and (b) ( 2 ) .


COUNTS EIGHTEEN ANn NINETEEN

(21 U.S.C. 5 841)(Distribution of a Cohtrblled Subbtance)



set forth herein.

30. On or about March 26, 2014, in the Northern District of

Georgia, the defendant, ROMIE ROLAND, M .D., a physician authorized


distribute quantities of schedule 11 controlled substances, by





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EIGHTEEN Patient L.C. March 26? 2014 130 Oxycodone 30ëg

NINETEZN Patient N.C, March 26, 2014 l20 Percocet 10/325m9

a1l in violation of Title 21 ,United States Code, Sectionj 841(a) (1)

(b) ( l ) ( C) ' and (b ) ( 2 )


COUNT TWENTY AHn TWENTY ONE

(21 U.S.C. j 841)(Distribution of a Controlled Substance)

31. The allegations contained in paragraphs 1 through 10 are


set forth herein .

32. On qr about April 23, 2014, the Northern District of

Georgia, the defendant, ROMIE ROLAND, M.D.? a physician authorized


distribute quantities of Schedule 11 controlled substances,



and designated below;


TWENTY Patient L.C. April 23, 2014 130 Oxycodone 30mg

130 Oxycqdone 30mg

TWENTY ONE Patient N.C. April 23, 2014 120 Percocet 10/325mg 'l20 Percocet 10/325mg

al1 in violation ofTitle 21, United States Code, Sections 841(a)(1),

(b) ( 1) (C) and (b) ( 2 )


COUNT TWENTY TWO

(18 U.S.C. 5 1956)(Money Laundering Conspiracy)

Parag/aphs through 10 are realleged ànd incorporated

into Count Nine of this Indiçtment.

34. Beginning on a dlte unknown to the Grand Jury, but at least

by February 2013, and continuing pp to and including August 5, 2014,

in the Northern District of Georgia, and elsewhere, the defendants,

ROMIE ROLAND , M .D ., ANTHONY LICATA , CHARLYN CARTER, and DANTE

CUMMINGS, did unlawfully, willfully, and knowingly combine?

conspire, confederate, agree and have a tacit understanding with

each other and other persons known and unknown to the Grand Jury,

to commit violations of the law of the United States of America under

Title 18, United States Code, Section 1956, as follows:

(a) To conduct and atteppt to conduct financial transactions

affecting interstate and foreign commerce, which transactions

involved the proceeds of specified unlawful ac>ivity, that is, the

felonious selling and dealing in controlled substances, and knowing

that the property involved in such financial transactions represented

the proceeds of some form of unlawful activityr with the intent to

promote the carrying on of such specified unlawful activity, in

violation of Title 18, United States Code, Section 1956(a) (1), a1l

in violation of Title 18, United States Code, Section 1956(h).

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Purposes, Ways, Manner and Means of the Conspiracy

35. The purposes of the money laundering conspiracy was to

acquire monies f rom the illegal prescription of controlled substances

to promote the continued operation of the Clinics' narcotics

distribution.

It was part of the conspiracy that the :ef endants and their

co-conspirators did distribute quantities of Schedule 11 controlled,

e

substances, by prescribing outside the scope of professional practice

and not for a legitimate medical purpose, controlled substances,

namely Oxycodone, Oxycodone and Acetaminophen, and Morphine.

The defendants generated significant proceeds from

illegally prescribing copious amounts of controlled substances for

no legitimate medical purpose.

38. The defendants and their co-conspirators uéed these

proceeds to operate the Clinics, to fund the salaries of the Clinics'

employees, purchase equipment used to issue presdriptions for

controlled substances, and to fund future trips for sponsored

patients to obtain prescriptions and, eventually, more controlled

substances.

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FORFEITURE PROVISION

Upon conviction of any of the controlled substance offenses

alleged in Counts One through Twenty One of this Indictment, the

defendants, ROMIE ROLAND, M .D ., ANTHONY LICATA ? CHARLYN CARTER,

ADRIAN SINGLETARY, DANTE CUMMINGS, ANTHONY FERGUSON , DANNY THOMPSON,

and JOSHUA GADD, shall forfeit to the United States? pursuant to

Title 21, United States Code, Section 853(a), all property

constituting, or derived from, proceèds obtained, directly or

indirectly, aa a result of the said violations and a11 property used

or intended to be used, in any manner or part, to commit, or to

facilitate the commission of the said violatiops, including, bvt

not limited to, the following:

MONEY JUDGMENT; A sum of money in United States currency

equal to the amount of proceeds the defendants obtained as a result

of the offenses for which the defendant is conyicted. If more than

one defendant is convicted of an offense, the dekendants so convicted,

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are jointly and severally liable for the amount involved in such

offense .

Additionally, upon conviction of one or more of the money

laundering offenées alleged in Count Twenty Two of this Indictment,

in violation of Title l8, United States Code, Section 1956, the

defendants, ROMIR ROLAND, M.D., ANTHONY LICATA, CHARLYN CARTER, and

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DANTE CUMMINGS, shall forfeit to the United States any and all

property, real or personal, involved in such offénses and all property

traceable to such offenses, pursuant to Title 18, United States Code,

Section 982(1) (1), including but not limited to the fcllowing:

MONEY JUDGMENT: A sum of money in United States currency

equal to the total value of property involved in each offense for

which the defendants are liable. If more than one defendant is

convicted of an offense, the defendants so convicted are jointly

and severally liable for the amount involved in such offense.

If, as a result of any act or omission of the defehdant, any

property subject to forfeiture:

(1) cannot be located upon the exercise of due diligence;

has been transferred or sold to,

a third person;

or deposited with,

has been placed beyond the jurisdiction of the Court;

(4)'has been substantially diminished in value; or

(5) has been commingled with other property which cannot

be subdivided without difficulty ;

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the United States intends, pursuant to Title 21, United States Code,

Section 853 (p) and Title l8, United States Code, Section 982(b)z

eek forfeiture of any other property of said defendant upto s

the value of the f orf eitable property or seek a m ney judgment against

said defendant for any amouht that would constitute the proceeds

of such violation.

FOR ERSON

SALLY QUILLIAN YATESUNITED STATES ATTORNEY

(C. OCK BROCKINGTONASSISTANT UNITED STATES ATTORNEY

6O0 U .S . Courthouse75 Spring Street SWAtlanta, Georgia 30303

(404) 581-6198Georgia Bar No. 775084

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I * FOR THE NORTHERN DISTRICT OF GEORGIA /US j …media.cmgdigital.com/shared/news/documents/2014/08/10/Anthony...FOR THE NORTHERN DISTRICT OF GEORGIA /US j lj4 ... JOSHUA GADD UNDER