of Boca Pain Center Sentenced to Jail For
Mark R. Trouville, Special Agent in Charge, United States Drug Enforcement Administration, Miami Field Division and R. Alexander Acosta, United States Attorney for the Southern District of Florida, announced the sentencing of Mark Gusow for his participation in a conspiracy to distribute Oxycodone, including OxyContin, through a Boca Raton, Florida pain center. Gusow was sentenced to 100 months in prison for his role in the conspiracy. After Gusow completes his prison term, he will serve six years of supervised release.
On February 18, 2005, Gusow, the manager of a Boca Raton pain center pled guilty to a three-count Information. Count 1 charged that from June 11, 2004 to November 4, 2004, Gusow conspired to distribute and to possess with intent to distribute a controlled substance, that is, Oxycodone, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(C). Count 2 charged that on November 3, 2004, Gusow possessed with intent to distribute and distributed Oxycodone, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), and Title 18, United States Code, Section 2. With respect to these Counts, the Information further alleged that Gusow’s conduct involved at least 15 grams of Oxycodone and that he abused a position of trust. The Information further alleged that Gusow used a minor during the commission of the charged offenses. Count 3 of the Information charged Gusow with using a minor to violate a provision of the Drug Abuse Prevention and Control Act, in violation of Title 21, United States Code, Sections 861(a)(1) and 861(b).
Gusow, a long-time abuser of OxyContin and other prescription pain medications and narcotics, opened the pain center. Gusow obtained prescriptions for OxyContin and narcotics for himself and others, although these were medically unnecessary and exceeded the dosage limitations set by law. In certain instances, Gusow also required patients to “kick-back”a portion of the OxyContin tablets that they obtained through his services. Gusow then would refer patients to a pharmacy that would fill the prescriptions without asking questions or keeping appropriate records. Gusow hired a sixteen-year-old to assist in the business, and the minor prepared a fraudulent Magnetic Resonance Imaging (“MRI”) report for a confidential informant so that he could obtain medically unnecessary pain medication.
Mr. Acosta commended the investigative efforts of the DEA Miami Field Division and the Boca Raton Police Department.