St. Louis, MO – Dr. Philip Dean, 62, a resident of Warren
County, Missouri, pled guilty today to two felony charges, illegally
distributing opiate medications and making a false statement to the Medicare
program.
According to his plea agreement, Dr. Dean operated a medical
office in Warren County, Missouri. Dr.
Dean had personal relationships with three women, living with these women for
some time periods. While engaging in
personal relationships with these women, Dr. Dean also prescribed them with
prescription opioid pain relief medications, including Oxycodone, Hydrocodone,
and several forms of Fentanyl. The two
felony charges from Dr. Dean’s plea agreement involve two of these women,
referred to by their initials in the plea agreement as R.W. and C.H.
Regarding patient R.W., before his prescribing decisions at
issue in this case, Dr. Dean was aware that R.W. had lost her health care
provider license after experiencing serious prescription drug abuse
problems. Dr. Dean was also aware that
R.W. had been involved in motor vehicle accidents and traffic stops by police
after driving while intoxicated because of prescription drugs. Nevertheless, during 2015-16, Dr. Dean
prescribed R.W. with assorted opioid medications, including a fentanyl
medication that was only approved for medical use by cancer patients with
break-through pain. R.W. does not have
cancer. R.W. repeatedly consumed her
thirty day supplies of these prescription drugs before thirty days had elapsed. Recognizing that prescribing R.W. with
duplicative and overlapping prescriptions for thirty day supplies of opiates
would raise suspicion, Dr. Dean repeatedly prescribed R.W. with additional
opiate prescriptions using the name of R.W.’s family member. Medicare funded these prescriptions, not knowing
that R.W. was ending up with these medications.
Dr. Dean personally picked up and paid a co-payment for one of these
hydrocodone prescriptions that he wrote for R.W. using another patient’s
name.
Regarding C.H., defendant issued her a prescription for
Codeine, an opiate pain medication and controlled substance, on March 31, 2017
after exchanging text messages of a personal nature with her. Dr. Dean did not examine C.H. before issuing
the prescription on March 31, 2017.
According to medical records seized during the execution of a search
warrant at the medical office, C.H. had not visited Dr. Dean’s office since
January 24, 2017.
Dr. Dean admitted in his plea agreement that his opioid
prescribing decisions exposed these patients to a risk of serious bodily
injury, given the potency and side effects of the drugs he was prescribing and
the patients’ histories of drug problems.
Dr. Dean pled guilty before Senior United States District
Judge E. Richard Webber. Sentencing has
been set for November 20, 2108. He now faces
a maximum penalty of ten years in prison and/or fines up to $500,000, for the
drug distribution, and a maximum penalty of five years in prison and/or fines
up to $250,000 for the false statement to Medicare. In determining the actual sentences, a Judge
is required to consider the U.S. Sentencing Guidelines, which provide
recommended sentencing ranges.
“This is an outrageous violation of the trust our society
commits to physicians. Dr. Dean violated
that trust and exploited his drug dependent patients. On top of it all, the taxpayers were forced
to foot the bill for his crimes,” said U.S. Attorney Jeff Jensen.
Steve Hanson, Special Agent in Charge, U.S. Department of
Health and Human Services, Office of Inspector General, Kansas City Region,
stated, “Regarding our agency’s ongoing efforts in combating our nation’s
opioid crisis, our office will continue to aggressively pursue those who misuse
their positions and recklessly prescribe medication to our beneficiaries.”
“Prescription opioids serve an important purpose when used
legitimately for patients suffering from chronic pain and illness. In this particular case, we had a doctor with
the power to write prescriptions misrepresenting the truth, supplying narcotics
to people with serious addiction issues that he was aware of and bilking all of
us who pay taxes while doing it. The
Drug Enforcement Administration will continue to pursue these bad actors to
bring them to justice. Addiction to
opioids is a serious illness and we will not allow doctors to abuse their
authority for personal gain,” said Special Agent in Charge William J. Callahan
of the Drug Enforcement Administration.
This case was investigated by the Office of Inspector
General for the U.S. Department of Health and Human Services and the Drug
Enforcement Administration, with assistance from the Federal Bureau of
Investigation, the Warrenton Police Department, and the Medicaid Fraud Control
Unit of the Missouri Attorney General’s Office.
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