LAS VEGAS PHARMACIST CHARGED WITH HEALTH CARE FRAUD AND UNLAWFUL DISTRIBUTION OF CONTROLLED SUBSTANCES

LAS VEGAS - -A Las Vegas pharmacist has been charged by the Federal Grand Jury with 55 counts of Health Care Fraud and one count of Conspiracy to Distribute Controlled Substances, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

Roger T. Ly, RPh.., age 34, a licensed Nevada pharmacist, was indicted on February 14, 2007. Mr. Ly appeared this afternoon before United States Magistrate Judge Leen, pleaded not guilty to the charges, and was released on a personal recognizance bond. He was arrested by FBI Agents yesterday in Las Vegas.

The Indictment states that Ly was licensed as a pharmacist by the State of Nevada and employed as a retail pharmacist by Von’s grocery stores. The Indictment alleges that from about April 13, 2003, to June 17, 2004, Ly made false entries into the Von’s pharmacy computer system to make it appear as though he had received and filled legitimate prescriptions for customers for controlled substances such as Hydrocodone and Oxycontin. Ly then obtained the controlled substances for his own use or for subsequent distribution.

The Indictment also alleges that Roger Ly caused Von’s pharmacy to submit electronic claims for the false and fictitious prescriptions to health care benefit programs and insurance companies, such as Medicaid, Tricare, Unicare, Medco Health, and Caremark. These programs and companies reimbursed Von’s for the controlled substances which had been dispensed from the pharmacy but not prescribed by a treating physician and not received by a patient.

If convicted, Mr. Ly is facing up to 10 years in prison and a $250,000 fine on each count of Health Care Fraud, and up to 20 years in prison and a $1,000,000 fine on the drug conspiracy count. The Government will also seek forfeiture of any properties owned by Mr. Ly, up to $360,000.

The case is being investigated by the FBI and prosecuted by Assistant United States Attorney Crane M. Pomerantz.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.