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Monday, a federal court prohibited a Tampa-area pharmacist from filling prescriptions for opioids and other controlled substances and entered a civil penalty against him in a case alleging violations of the Controlled Substances Act (CSA).
In a complaint filed in August 2022, the United States alleges that Nathaniel Esalomi unlawfully distributed powerful opioids by filling prescriptions he knew were not valid at Apexx Pharmacy in Hudson, Florida, where he was the owner and sole pharmacist. The complaint alleges that Esalomi charged dramatically inflated prices to fill opioid prescriptions and accepted thousands of dollars in cash for the drugs. The complaint further alleges that Esalomi instructed individuals to forge signatures on certain forms and to falsify addresses. The complaint also alleges that Esalomi filled numerous controlled substance prescriptions for persons who were deceased.
“Medical professionals who knowingly facilitate the abuse of opioids violate their legal obligations,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department will pursue justice against anyone who seeks to profit from unlawfully distributing opioids.”
“The opioid epidemic has devastated not only our communities here in Florida but the entire nation,” said U.S. Attorney Gregory W. Kehoe for the Middle District of Florida. “Our office will continue to investigate and hold accountable those who contributed to this crisis.”
“Approximately 70 percent of all drug overdose deaths in America involve opioids,” said Special Agent in Charge Deanne L. Reuter of the Drug Enforcement Administration Miami Field Division. “This epidemic began in the mid-1990s, and it’s still something we’re fighting. We will remain steadfast in our effort to remove these poisons from our communities.”
Esalomi agreed to a consent judgment to settle the allegations in the complaint. The order entered by the court permanently prohibits Esalomi from distributing opioids or other controlled substances, permanently prohibits him from managing, owning, or controlling any entity that dispenses controlled substances, and requires Esalomi to pay $10,000 of a $500,000 suspended civil penalty. Apexx Pharmacy was dissolved following the United States’ August 2022 complaint and the federal court’s associated temporary restraining order, and remains dissolved under the terms of the consent order. Esalomi also pleaded no contest to charges brought by the State of Florida in a related criminal case.
U.S. District Judge Thomas Barber entered the judgment and permanent injunction in U.S. District Court for the Middle District of Florida. The case was investigated by DEA’s Tactical Diversion Squad in the Tampa District Office.
This case was handled by Assistant U.S. Attorneys Carolyn B. Tapie and Alexandra N. Karahalios for the Middle District of Florida, and Trial Attorney Scott B. Dahlquist of the Justice Department’s Enforcement & Affirmative Litigation Branch.
The claims made in the complaint are allegations that the United States would need to prove by a preponderance of the evidence if the case proceeded to trial.
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