February 15, 2008
For more information contact:
Managing Assistant U.S. Attorney Dixie A. Morrow
(850) 444-4000
PENSACOLA PAIN CLINIC MANAGER AND THREE FLORIDA
DOCTORS INDICTED IN PRESCRIPTION DRUG CONSPIRACY
Pensacola, Florida - United States Attorney Gregory R. Miller, Northern District of Florida, announced today the unsealing on Thursday, February 14, 2008, of a federal indictment against the manager of Global Pensacola Pain Management, Controlled Pain Management, LLC, and Pain Management Clinic, Mark E. Artigues, 46, New Orleans, Louisiana, and three licensed physicians who prescribed to patients through the clinics: Dr. Geraldo Klug, 64, Waycross, Georgia, Dr. Rogelio T. Martinez, 67, Pensacola, Florida, and Dr. Osler F. Rivas, 61, Pensacola, Florida. Artigues was arrested in New Orleans on February 12, and is scheduled to appear in United States District Court for the Eastern District of Louisiana before a United States Magistrate Judge for an identity, detention and removal hearing on February 21. Dr. Klug and Dr. Rivas made their first appearances before United States Magistrate Judge Elizabeth M. Timothy this morning, were released on conditions, and are expected to reappear in United States District Court for arraignment on February 22, 2008. Dr. Martinez is expected to make an initial appearance next week.
The indictment alleges that Dr. Klug, Dr. Martinez, and Dr. Rivas were all physicians licensed to practice by the State of Florida, each of whom possessed a Drug Enforcement Administration registration number that authorized them to prescribe controlled substances. The indictment further alleges that Mr. Artigues managed a succession of pain management clinics at the same location on Navy Boulevard. Dr. Klug was employed by Artigues as a prescribing physician at “Controlled Pain Management, LLC.” Dr. Martinez was employed by Artigues as a prescribing physician at a successor business, “Chronic Pain Management Clinic, LLC.” Dr. Rivas was employed by Artigues as a prescribing physician at “Chronic Pain Management Clinic, LLC” and at a successor business, “Controlled Pain Management, LLC.” Count One of the indictment charges that from at least April 1, 2005 through December 31, 2006, Artigues, Klug, Martinez and Rivas purported to provide “pain management” treatment for chronic pain patients through the clinic, when, in truth and fact, they did not operate a legitimate medical practice but instead engaged in a conspiracy to unlawfully dispense controlled pain medications including Oxycontin, Dilaudid, Roxicodone, Oxycodone, Lortab, Methadone, and others in exchange for cash office visit fees. Count Two of the indictment alleges a money laundering conspiracy during the same period of time, alleging that Artigues, Klug, Martinez and Rivas engaged in financial transactions designed in whole or in part to promote the carrying on of their conspiracy to unlawfully dispense controlled substances. Artigues is charged alone in Count Three with possessing, using, and carrying a firearm in furtherance of the controlled substances conspiracy.
The indictment is the result of a multi-year Organized Crime Drug Enforcement Task Force (OCDETF) Operation named “Doc-in-a-Box,” investigated by agents of the U.S. Drug Enforcement Administration, Internal Revenue Service Criminal Investigation Division, and Florida Department of Law Enforcement, together with deputies of the Escambia County Sheriff’s Office and the Santa Rosa County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Randall J. (Randy) Hensel and Assistant United States Attorney Edwin F. (Ed) Knight.
The controlled substances conspiracy carries a maximum penalty of 20 years imprisonment, a $1 million fine, and 5 years of supervised release. The money laundering conspiracy carries a maximum penalty of 20 years imprisonment, a $250, 000 fine, not greater than twice the gain or twice the gross loss, and 3 years of supervised release. The firearms charge carries a maximum penalty of 5 years imprisonment consecutive to any other sentenced imposed.
An indictment is merely a formal charge by the grand jury. Each defendant is presumed innocent unless and until proven guilty in United States District Court.