January 25, 2009
For more information contact
Supervisory AUSA Karen E. Rhew
(850) 942-8430
DESTIN PHYSICIAN AND ASSISTANT INDICTED ON DRUG AND FRAUD CHARGES ARISING OUT OF IMPROPER DISPENSING OF DRUGS
TALLAHASSEE -- Thomas F. Kirwin, Acting United States Attorney for the Northern District of Florida; Bill McCollum, Florida Attorney General, Alex Sink, Florida Chief Financial Officer, Mark R. Trouville, Special Agent In Charge, Drug Enforcement Administration - Miami Division, James Casey, Special Agent In Charge, Federal Bureau of Investigation - Jacksonville Division, Robert E. Harris, Special Agent In Charge, Defense Criminal Investigative Service, Gerald Bailey, Commissioner of the Florida Department of Law Enforcement, David Lewis, Acting Director, Florida Attorney General’s Office Medicaid Fraud Control Unit, Ana M. Viamonte-Ros, M.D., State Surgeon General, Florida Department of Health, Charles W. Morris, Oklaloosa County Sheriff, and Mike Adkinson, Walton County Sheriff, today announced that a Federal Grand Jury has returned an Indictment charging Destin physician, David W. Webb (67), and his wife and office manager, Bonnie F. Webb (57), with heath care fraud, the unlawful dispensing of controlled substances, identity theft, conspiracy to commit health care and wire fraud, and conspiracy to distribute and dispense controlled substances.
The 131 count indictment returned by the Federal Grand Jury in Tallahassee charged:
1. conspiracy to commit health care and wire fraud;
2. thirty-six counts of health care fraud;
3. conspiracy to distribute and dispense controlled substances including oxycodone and fentanyl that resulted in the deaths of persons;
4. one count of dispensing controlled substances, including oxycodone, that resulted in the death of an individual;
5. seventy-nine counts of dispensing or distributing controlled substances including oxycodone, fentanyl, hydromorphone, alprazolam, and diazepam;
6. two counts of identity theft involving the use of another doctor’s DEA registration number by the defendants during a period of time when the medical license of Webb had been suspended by the State of Florida.
The Indictment alleges that:
– DAVID WEBB, a licensed physician operating a medical business known as Destin Primary Care center, also known as “Doctors on Call,” in Destin, Florida, prescribed controlled substances to patients without determining a sufficient medical necessity for the prescription of the controlled substances and in quantities and dosages that would cause patients to abuse, misuse, and become addicted to the controlled substances.
– DAVID WEBB prescribed controlled substances to patients knowing that the patients were addicted to the controlled substances, were misusing the controlled substances, and were requesting additional quantities of controlled substances to support the patients’ drug habits.
– DAVID WEBB continued to prescribe addictive controlled substances notwithstanding prior overdoses by the patients on the prescribed drugs and the receipt of information that particular patients were abusing their controlled substances, were selling their controlled substances, were addicted, or were “doctor shopping.”
– DAVID WEBB prescribed excessive and inappropriate quantities of controlled substances to patients outside the usual course of professional practice, and caused his patients to fill prescriptions at various pharmacies, thereby causing payment for those prescriptions from Medicaid, Medicare, Tricare, and Blue Cross/Blue Shield to pharmacies filling the medically unnecessary prescriptions issued by DAVID WEBB.
– DAVID WEBB prescribed controlled substances to patients that resulted in the deaths of four patients from the use of the prescribed controlled substances.
– DAVID WEBB issued numerous prescriptions for controlled substances to individuals for whom no patient files were maintained.
– DAVID WEBB and BONNIE WEBB telephoned prescriptions for patients to pharmacies while DAVID WEBB was suspended from medical practice and could not legally prescribe any controlled substances.
– DAVID WEBB and BONNIE WEBB submitted fraudulent claims to health care benefit programs for office visits for patients that another physician was actually seeing since DAVID WEBB’s medical license had been suspended.
– DAVID WEBB and BONNIE WEBB submitted fraudulent claims to health care benefit programs for office visits for patients that DAVID WEBB had not seen.
– DAVID WEBB and BONNIE WEBB provided controlled substance prescriptions to patients who were not seen or examined by DAVID WEBB.
– DAVID WEBB and BONNIE WEBB caused pharmacies to fill medically unnecessary prescriptions for controlled substances issued by DAVID WEBB, and caused the pharmacies to submit claims to various health care benefit programs for payment and reimbursement.
The Indictment also seeks the forfeiture of property of the defendants.
Defendants DAVID WEBB and BONNIE WEBB were arrested by federal, state, and local agents this morning in Destin, Florida, on federal warrants issued based upon the charges of the Indictment. Both defendants will appeared on the charges in United States District Court in Pensacola this afternoon.
If convicted as charged in Counts 38 and 107, the counts involving the distribution and dispensing of oxycodone and fentanyl with death resulting from the use of those controlled substances, the defendants face a mandatory minimum term of 20 years’ imprisonment, a maximum of life imprisonment, and a fine of $1,000,000, on each count. If convicted on Count 37, the count charging health care fraud resulting in death, DAVID WEBB also faces a maximum of life imprisonment, and a fine of $250,000. On the remaining counts, DAVID WEBB faces a maximum total term of imprisonment of 1,363 years’ imprisonment and total fines of approximately $62 million. BONNIE WEBB faces a total maximum term of 259 years’ imprisonment, and $7.25 million in fines.
This Indictment is the result of a joint Federal/State North Florida Health Care Fraud Task Force investigation that commenced more than two years ago. Acting United States Attorney Kirwin commended the diligent efforts of investigators of the agencies involved in this complex investigation, and praised the cooperation of citizens and pharmacists who alerted investigators to the conduct alleged in the Indictment. Mr. Kirwin stated that, “the protection of citizens in the community from licensed doctors who unlawfully dispense highly addictive controlled substances remains a priority of this Office and the Department of Justice.
Florida Attorney General Bill McCollum stated: “Doctors should be focused on helping their patients, not on scamming the system and ultimately placing people at risk. I am pleased to see this case is being pursued and look forward to seeing justice served.”
FDLE Commissioner Gerald Bailey stated: “FDLE has partnered with agencies throughout Florida to investigate physicians who threaten the safety of our citizens. We will continue to investigate crimes involving the misuse of prescription drugs.”
Federal Bureau of Investigation Special Agent in Charge James Casey stated: “The FBI remains committed to investigating crimes involving our country’s health care system, especially those where the cost of the abuse is measured not just in dollars and cents, but in human lives.”
Mark R. Trouville, Special Agent in Charge of the Drug Enforcement Administration Miami Field Division commended the work of the North Florida Health Care Fraud Task Force, saying, "Federal and local agencies working together made a difference today."
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty beyond a reasonable doubt.