West Virginia Physician Convicted of Illegal Opioid Distribution to Patients

CLARKSBURG, WEST VIRGINIA— Following a six-day trial, Dr. Felix Brizuela, Jr., of Harrison City, Pennsylvania, was found guilty on January 14, 2018 of 15 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,” United States Attorney Bill Powell announced.

After two days of deliberations, the jury found Brizuela, age 57, guilty of 15 of 21 counts of the illegal distribution of controlled substances.  The jury acquitted Brizuela of the anti-kickback counts and six distribution counts in the indictment. 

Brizuela was indicted in January 2018 on 21 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,” one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice,” and 15 counts of “Illegal Remuneration in Violation of the Federal Anti-Kickback Statute.”

The controlled substances illegally distributed by Brizuela included Oxycodone, Fentanyl and Oxymorphone. They were distributed without legitimate medical purpose and outside the scope of professional practice in Monongalia County, West Virginia between 2013 and 2015.

“Illegal distribution of opioids by physicians has been and continues to be a high priority for prosecution in this district.  These cases are not easy, and it is only through the dedicated work of our prosecution and law enforcement teams that this case was able to be successfully prosecuted.  Physicians who believe they can hide behind their lab coats or medical licenses, and simultaneously stoke the fires of the opioid epidemic and profit from it are sadly mistaken,” Powell said.

Brizuela faces up to 20 years incarceration and a fine of up to $250,000 for each of the distribution counts.  Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses, prior criminal conduct, if any, and other factors considered by the court.

Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated.

Senior U.S. District Judge Irene M. Keeley presided.

Nederland Bomber Sentenced to 27 Years in Federal Prison

DENVER – David Michael Ansberry, 66 years old, of Berkley, California was sentenced to 324 months (27 years) in federal prison for attempting to detonate an improvised explosive device outside of the Nederland Police Station in Nederland, Colorado, U.S. Attorney Jason R. Dunn and FBI Denver Special Agent in Charge Dean Phillips announced.  United States District Court Judge Christine Arguello entered the sentence against Ansberry on January 25, 2019.  Ansberry was remanded into the custody of the United States Marshals.

Ansberry pled guilty without a plea agreement on July 18, 2017, to use and attempted use of a weapon of mass destruction.  According to facts relied upon during sentencing, including a statement of facts filed with the Court, before dawn on October 11, 2016, Ansberry placed a radio-controlled explosive device that was concealed in a backpack at the foot of a police parking sign at the Nederland Police Station.  Ansberry, who had rented a room at an Inn across the street, attempted to detonate the bomb by calling an attached telephone multiple times.  A Nederland citizen testified that he was on a balcony directly above the bomb when Ansberry tried to detonate it.  However, the bomb failed to detonate.  The backpack was then recovered by a police officer who, without realizing its contents, brought the bomb into the station.  When the officer realized that the backpack contained a bomb, he evacuated the station and plaza in which it was located.

The Boulder County Regional Bomb Squad, Nederland Police Department, Nederland Fire Department, Federal Bureau of Investigation, and medical and hazardous materials teams responded to the incident.  Using two robots, law enforcement officers removed the bomb from the police station and tested its contents.  Those tests revealed the high explosive, hexamethylene triperoxide diamine (HMTD), as well as other chemicals and hardened objects inside the backpack.  Using the robots and an inert aluminum slug, bomb squad members detonated the HMTD in place due to its instability and explosiveness.

Ansberry was evacuated from the Inn by the Nederland Fire Department before the HMTD was detonated.  He was arrested on October 16, 2016, at O’Hare Airport in Chicago, Illinois after the investigation quickly identified him as the bomber.  FBI Agents found “STP” stickers in his luggage that matched an STP sticker found at the scene of the bombing.  That sticker represented the logo of a counterculture group called, “Serenity, Tranquility, and Peace,” that resided near Nederland in the 1960’s and 1970’s and of which Ansberry had been a member.  The STP sticker found at the scene of the bombing had hand-written on it, “RIP Deputy Dawg Murdered by Marshal 7/17/71.”  This was a reference to an STP member named Guy Howard Gaughner who had been murdered in Nederland in 1971.  A diary recovered from Ansberry contained entries referring to the death of Gaughner and saying, “Poor Deputy.  REVENGE is called for.”

In sentencing Ansberry, Judge Arguello applied the terrorism enhancement in the United States Sentencing Guidelines, finding that Ansberry’s actions were calculated to influence or affect the conduct of government or to retaliate against government conduct.

“We’re pleased that the Court saw this case for what it is – an act of domestic terrorism.  These are among the most serious cases that we prosecute,”  said United States Attorney Jason Dunn.  “Together with our law enforcement partners, we are committed to aggressively prosecuting these cases to protect the life and safety of all our citizens, particularly those who serve and protect the public.”

“The FBI is committed to proactively and thoroughly investigating national security matters and protecting our citizens from those who intend to cause harm in our communities,” said FBI Denver Special Agent in Charge Dean Phillips. “Thanks to the diligence and perseverance of our investigators and the U.S. Attorney’s Office, David Ansberry will now face the consequences of his actions. A special thanks to the Boulder County Sheriff’s Office and Nederland Police Department. Their assistance and support was instrumental in this investigation.”

This case was investigated by the Denver Division of the Federal Bureau of Investigation together with the Nederland Police Department, Boulder County Sheriff’s Office, Longmont Police Department, Boulder Country Regional Bomb Squad, Nederland Fire Department, and the FBI Terrorist Explosive Device Analytical Center Explosives Unit.  Assistant United States Attorneys Gregory Holloway and David Tonini, and Trial Attorney Jennifer Levy of the Department of Justice Counterterrorism Section, are handling this prosecution.

Amherst Man Pleads Guilty To Threatening A Local Physician

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gary Drago, 58, of Amherst, NY, pleaded guilty to witness tampering and failure to file an income tax return before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that on May 19, 2017, the Federal Bureau of Investigation received information from an individual (Victim) regarding threats, theft, and extortionate acts that the defendant made against the Victim and the Victim’s business, a medical practice. The Victim also advised the FBI that he had a meeting with the Amherst Police Department regarding these crimes the very next day. The FBI advised the Victim to meet with the Amherst Police Department. The Victim was going to meet with the Amherst Police and the FBI to tell them about how Drago previously extorted money from the Victim’s business by using threats of physical harm and threats to ruin the Victim’s reputation.

However, an employee of the Victim overheard the conversation with the FBI, and notified the defendant. Drago then arrived at the Victim’s place of business, and told the Victim’s patients that the Victim was done seeing patients that day. Drago then then physically took the Victim from his place of business and placed the Victim in his car.  Once in the car, the defendant threatened the Victim with a pistol, and slapped the Victim, telling the Victim that he heard the Victim was talking with law enforcement. Drago continued to ask the Victim who he spoke to from law enforcement, and what the Victim told them. The Victim told the defendant that he spoke to the FBI and was going to meet with the Amherst Police the next day. While continuing to threaten the Victim, the defendant told the Victim to call the FBI and tell them that everything was okay, which the Victim did. Drago then let the Victim go home.

Later that same night, the defendant repeatedly called the Victim and left messages on his voice mail threatening the Victim, and reminding the Victim not to cooperate with the FBI, or go to the meeting with the Amherst Police the next day.

Between 2013 and May 20, 2017, the defendant worked at medical business located in Williamsville, NY. During that time, Drago entered into a contract for employment with the Victim/owner and was paid a salary through the payroll. However, the defendant eventually started taking additional money from the business in the form of cash, without providing any employment service in return. When confronted by the Victim about the money, Drago would threaten force or physical harm. Specifically, the defendant took a total of $129,792 without rendering employment services. When confronted by the Victim, Drago would berate and threaten physical harm or damage to the Victim’s reputation. As a result, the Victim was fearful, and was prevented from stopping the defendant from taking the unearned money.

In addition, during the course of his employment with the Victim, Drago received recordable income. Some of this income was derived from the defendant’s threats to the Victim, and was paid by the Victim to the defendant as extortion money. The defendant received this income through payroll check payments from the victim’s business, as well as cash payments from the Victim. However, Drago failed to file federal income tax returns. For the tax years 2013 through 2016, the defendant received $294,043 in income, resulting in a loss to the Internal Revenue service of $19,007.

The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; the Lancaster Police Department, under the direction of Chief Gerald Gill; the Amherst Police Department, under the direction of Chief John Askey; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Office, under the direction of Timothy Howard; and the Erie County District Attorney’s Office, under the direction of John Flynn.

Sentencing is scheduled for June 29, 2019, before Judge Vilardo.