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Sentenced in Illegal Online Pharmacy

Published Tue, 2007-05-15 17:32

A New Jersey doctor was sentenced in federal court inMinneapolis to fifteen months in prison for his role in the operation of an illegal online pharmacy.Dr. Philip S. Mach, age 49, of Franklin Park, New Jersey, was sentenced by U.S. District CourtJudge Michael J. Davis after earlier pleading guilty to one count of conspiracy to distribute anddispense controlled substances and one count of unlawful distribution of controlled substances.Mach also pleaded guilty to an Information that was filed in federal court in New Jersey andtransferred to Minnesota, charging him with drug conspiracy.

Court documents in this case indicate that between July of 2004 and May of 2005, Machknowingly and intentionally conspired with others to distribute and dispense prescription drugs thatare controlled substances for other than legitimate medical purposes. Specifically, Mach admittedthat during that time period, he was the sole physician to issue prescriptions for Xpress PharmacyDirect, an online pharmacy owned by Christopher Smith, who was recently convicted in federal court for operating Xpress Pharmacy Direct in an illegal manner. Mach testified in the trial against Smith and others that all of the prescriptions he issued for Xpress Pharmacy Direct were in fact sham prescriptions and not issued in the usual course of professional practice. Moreover, Mach admitted that the drugs he distributed and dispensed or caused to be distributed or dispensed through his sham prescriptions included hydrocodone tablets, a Schedule III controlled substance.

In addition to jail time, Mach previously surrendered his DEA-controlled drug distribution license, and he entered into a consent order with the New Jersey Medical Board, revoking his license to practice medicine.

This case was the result of an investigation by the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigation Division; and the United States Food and Drug Administration, Office of Criminal Investigation. The Drug Enforcement Administration and the U.S. Postal Inspection Service also assisted in the investigation. Assistant United States Attorneys Nicole A. Engisch and Elizabeth C. Peterson prosecuted the case.


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