John T. Floyd Law Firm
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July 10, 2006
LAST HOUSTON PHARMACIST SENTENCED IN
ILLEGAL NARCOTICS DISTRIBUTION CONSPIRACY
HOUSTON, TX – The last pharmacist involved in a widespread conspiracy to illegally distribute prescription drugs and to launder the proceeds of his illegal drug business was sentenced today, announced United States Attorney Don DeGabrielle. Pharmacist Paul Allen Henry, 40, was sentenced to 37 months for his part in a conspiracy to distribute 1.7 million tabs of hydrocodone and 2,500 gallons of promethazine with codeine, a narcotic cough syrup. Henry’s sentence includes a sentence for laundering his illegal drug proceeds. Henry was also ordered to forfeit approximately $473,000 in illegal drug proceeds to the United States. Henry and his co-defendant, Darryl Armstrong, 41, owned and operated Stella Link Pharmacy. Armstrong was sentenced previously to 24 months and also ordered to forfeit the $473,000 jointly made with Henry.
Henry and Armstrong were indicted along with twelve other individuals, including six other pharmacists and a doctor, for engaging in a conspiracy to illegally distribute prescription narcotics to the streets of Houston. Of the fourteen defendants, seven pleaded guilty and seven were found guilty after a jury trial. The sentences for the defendants ranged from two (2) to 12.5 years in federal prison. Pharmacists Anthony Dwayne Essett, 39 and John David Wiley III, 41, owners of I-10 East Pharmacy formerly located at 11929 I-10 East, were sentenced to 12 years, 7 months and 10 years, respectively. Essett was also fined $312,000. Otukayode Adeleke Otufale, the owner of Med Stop Pharmacy, formerly located at 5901 Hillcroft, was sentenced to 10 years in prison. Isaac Simeon Achobe, the owner of American Choice Pharmacy located at 8449 W. Bellfort, was sentenced to five (5) years, three months and fined $5,000. Chicha Kazembe Combs and Andre` Dion Brown, co-owners of Mason Road Pharmacy, formerly located at 829 S. Mason Road, Katy, Texas, were each sentenced to 10 years in federal prison.
Former doctor, Callie Hall Herpin, 34, was sentenced to 10 years for her involvement. Etta Mae Williams, 47, Herpin’s office manager, and Karen Willliams, 40, another Herpin Employee were sentenced to 84 months and 24 months, respectively.
In addition to the pharmacists, Dr. Herpin and her employees, three street level drug dealers, were convicted in this case. Eric Craft, 38, was sentenced to 72 months. Will Bailey, III was sentenced to 42 months. Omar Fahie, 24, was sentenced to 41 months.
During the trials, the evidence established that Dr. Herpin, with the assistance of Etta and Karen Williams, routinely sold prescriptions for hydrocodone and promethazine with codeine for cash to individuals who did not have a medical need for the drugs. Co-defendants Callie Herpin, Etta Williams, Darryl Armstrong and Omar Fahie each testified during the trial. Dr. Herpin testified that her medical practice consisted of selling prescriptions to individuals. Some individuals purchased prescriptions just for themselves while others purchased stacks written for either friends who never appeared in Dr. Herpin’s office or for fictitious persons. When the prescriptions were written for fictitious persons, Etta Williams testified that she and Karen Williams created lists. Those lists would consist of names from the phonebook, along with addresses and fictitious telephone numbers and dates of birth. The lists were used by Dr. Herpin to write the prescriptions and ultimately by seven of the eight pharmacists to fill the illegal prescriptions.
Individuals, including co-defendants Eric Craft, Will Bailey III and Omar Fahie, at times purchased 100-400 of these illegal prescriptions from Herpin’s office and then had them filled at the pharmacies owned by the co-defendants. Fahie and others testified that they sold the illegally obtained narcotics on the street.
The evidence established that these pharmacists used the phony identifying information from the prescriptions and/or the lists to create patient profiles in their records for the fictitious individuals. Each of the indicted pharmacists filled hundreds of illegal prescriptions from Dr. Herpin. Otufale illegally dispensed over 658,000 hydrocodone pills and more than 976 gallons of promethazine with codeine. Achobe illegally dispensed over 16,000 hydrocodone pills and more than 33 gallons of promethazine with codeine. Combs and Brown illegally dispensed over 183,000 hydrocodone pills and more than 254 gallons of promethazine with codeine. Wiley and Essett illegally dispensed over 290,000 hydrocodone pills and more than 411 gallons of promethazine with codeine.
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