Consent Decree Approved Between the United States and Baltimore-Based Pharmacy and Pharmacist Alleged to Have Illegally Dispensed Controlled Substances

Baltimore, Maryland – U.S. District Judge Richard D. Bennett authorised the United States’ consent decree with Ketan Okay. Dankhara, a Baltimore-based pharmacist, and Falls RX, LLC d/b/a Ultra Care Pharmacy Baltimore (“Ultra Care”), resolving the United States’ civil allegations that Dankhara and Ultra Care violated the Controlled Substances Act (“CSA”) in illegally shelling out managed substances.

The consent decree was introduced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Jarod A. Forget of the Drug Enforcement Administration – Washington Field Division.

“Under the Controlled Substances Act, pharmacists and pharmacies assume a critical gatekeeping function to prevent the diversion of controlled substances,” stated U.S. Attorney Erek L. Barron.  “Just as prescribers cannot use their prescription pad as a blank checkbook to write prescriptions for controlled substances, the CSA and its regulations make clear that pharmacists have a corresponding responsibility to ensure the legitimacy of the prescriptions they fill.  We will hold responsible those in the supply chain—manufacturers, distributors, prescribers, and retail pharmacies—who violate the CSA and illegally distribute controlled substances, fueling Maryland’s drug addiction epidemic.”

“Our pharmacists play a key role in the proper dispensing of controlled substances, helping patients, and protecting us all against the dangers of drug diversion,” acknowledged Jarod A. Forget, Special Agent in Charge of the Washington Division.  “When pharmacists ignore ‘red flags,’ their dispensing contributes to the opioid epidemic.  We at the DEA are working hard, every day, to investigate such behavior, and keep our communities safe.”

The Government alleges that shortly after Ultra Care opened for enterprise, Dankhara knowingly crammed fraudulent prescriptions for managed substances, ignoring purple flags that ought to have acted as warning indicators that the prescriptions weren’t official.  More particularly, on a number of events between not less than May and September 2020, a person got here to Ultra Care and tried to fill managed substance prescriptions for numerous individuals at the identical time, lots of whom had by no means beforehand been to the pharmacy.  At least a number of dozen of those prescriptions had been fraudulent.  Some of the fraudulent prescriptions had been for the identical drug, energy, and amount, and had been from the identical prescriber and some had been prescribed by an OB/GYN to people who had been biologically male.  Notwithstanding these purple flags, Dankhara made no try to decide whether or not the prescriptions had been official, nor did he in any other case resolve the purple flags.  Further, on not less than one event, Dankhara indicated on a fraudulent prescription that he spoke with the prescriber when, in truth, Dankhara later admitted that he had no such dialog.  The Government alleges that Ultra Care is accountable for these deficiencies. 

Under the consent decree, as well as to paying a $15,000 civil financial penalty, Dankhara and Ultra Care are required to determine sure purple flags—together with when a affected person presents prescriptions written in the names of different individuals with no legitimate justification, and when the affected person is biologically male and presents prescriptions from an obstetrician or gynecologist.  Before filling prescriptions bearing these purple flags, the consent decree requires Dankhara and Ultra Care to doc intimately any indications of abuse or diversion and the steps they took to make sure that the prescription was legitimate and was issued for a official medical goal, and that the prescription wouldn’t be abused or diverted for illegitimate functions.  Under the consent decree, if the DEA determines that Dankhara or Ultra Care have violated any provision of the consent decree and/or if Dankhara or the Pharmacy don’t implement the corrective motion the DEA orders, the DEA can order Dankhara and Ultra Care to stop ordering, distributing, or shelling out managed substances instantly.

The consent decree is just not an admission of legal responsibility by Ketan Dankhara or Ultra Care, nor a concession by the United States that its claims usually are not effectively based.   

The Court’s approval of this consent decree ought to remind pharmacists and pharmacies that the Department of Justice intends to use all instruments at its disposal—each prison and civil—to fight the managed substances epidemic which continues to plague the United States, together with right here in Maryland. 

U.S. Attorney Erek L. Barron recommended the DEA Washington Division’s Office of Diversion Control, Baltimore District Office for its work in the investigation.  Mr. Barron thanked Assistant United States Attorney Alan C. Lazerow, who dealt with the case.

For extra info on the Maryland U.S. Attorney’s Office, its priorities, and assets out there to report fraud, please go to www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.

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