MAY 23 (DENVER) – Dr. Kevin R. Clemmer, age 59, of Evergreen, Colorado, pled guilty today to illegally distributing oxycodone, a Schedule II controlled substance, and engaging in a monetary transaction in property criminally derived from proceeds of a specified unlawful activity, U.S. Attorney John Walsh, DEA Denver Division Special Agent in Charge Barbra Roach, and IRS Criminal Investigation Special Agent in Charge Stephen Boyd announced today. U.S. District Court Judge Robert Blackburn is scheduled to sentence Clemmer on September 19, 2013. Clemmer and several co-defendants were indicted on May 16, 2011.
According to court records, including the stipulated facts contained in the plea agreement, the underlying investigation began in April 2009 and continued through September 2010. Clemmer knowingly and intentionally distributed and dispensed oxycodone, a Schedule II controlled substance, outside the scope of professional practice and not for legitimate medical purposes. During the course of the investigation, Clemmer distributed oxycodone by prescription to an undercover officer as well as two co-defendants.
On September 2, 2010, Clemmer prescribed oxycodone to an individual who died the following day. The cause of death was listed as an accidental aspiration of gastric contents associated with oxycodone toxicity. The oxycodone pills prescribed by Clemmer (with numerous pills missing) were found at the scene of the death, along with other oxycodone pills that were not prescribed by Clemmer. The death, however, was not a charged offense as part of this investigation or indictment.
As part of the plea agreement, Clemmer agreed not to contest the seizure of a building, currency, funds from bank accounts, two vehicles, and gold and silver coins, totaling more than $300,000 in ill-gotten proceeds from his criminal scheme.
“The diversion of pharmaceutical drugs has become an epidemic in America,” said DEA Special Agent in Charge Barbra Roach. “The conviction of Dr. Clemmer serves notice to other medical professionals that, regardless of one’s professional status, the illegal distribution of prescription drugs makes one a drug trafficker subject to DEA investigation and federal prosecution.”
“Regrettably, unscrupulous doctors in our community are prescribing powerful pain medications not for medical purposes, but for their own personal financial gain, heedless of the addiction and personal ruin they are inflicting on their patients,” said U.S. Attorney John Walsh. “When doctors overprescribe these drugs, they place the public in danger. All too often, accidental overdose deaths are the result, as in this tragic case.”
“IRS – Criminal Investigation (IRS-CI) is committed to fighting to stop doctors from overprescribing prescription drugs in conjunction with our law enforcement partners,” said Stephen Boyd, Special Agent in Charge of IRS – Criminal Investigation, Denver Field Office. “IRS-CI has the financial investigators and expertise to disrupt these doctors and their organizations to deprive them of their illicit gains.”
As a result of his guilty plea, Clemmer faces not more than 20 years in federal prison, and up to a $1,000,000 fine. This case was investigated by the Drug Enforcement Administration (DEA) Tactical Diversion Squad and the Internal Revenue Service (IRS) Criminal Investigation, Denver Field Office.