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Department of Justice

United States Attorney Julia C. Dudley
Western District of Virginia


FOR IMMEDIATE RELEASE
Tuesday, September 8, 2009




CONTACT: Brian McGinn
PHONE: 540-857-2974
FAX: 540-857-2179
EMAIL: Brian.McGinn@usdoj.gov
www.usdoj.gov/usao/vaw



RICHLANDS DOCTOR SENTENCED ON DRUG, TAX CHARGES

Roy C. Gomez Illegally Obtained Testosterone and Hid Foreign Bank Accounts

ABINGDON, VIRGINIA -- A Richlands doctor has agreed to surrender his medical license and forfeit $650,000 to the United States after admitting to illegally obtaining a series of prescription medications.

Roy C. Gomez, 66, of Richlands, Virginia, was sentenced last week in the United States District Court for the Western District of Virginia in Abingdon for obtaining controlled substances by misrepresentation, making false statements on tax returns and failing to file reports of his foreign bank accounts.

Gomez was sentenced to imprisonment for a term of eight months. The court rejected Gomez’s attorney’s request for probation. However, the sentence was below the recommended sentencing guideline range of 18 to 24 months. The court noted as one of the reasons for its departure the fact that Gomez would never again be permitted to practice medicine. Gomez also was ordered to forfeit $650,000.00 to the United States, pay a fine of $10,000.00 and serve a two-year period of supervised release after his prison term. To date, Gomez has paid over $225,000.00 toward his forfeiture. The United States is in the process of collecting the approximately $425,000.00 remaining.

Gomez, a licensed physician, entered his guilty pleas, on April 28, 2009, pursuant to a plea agreement. As part of the plea agreement, Gomez agreed to surrender his medical license and never practice medicine again. He also agreed to forfeit $600,000.00 to the United States if he paid that amount prior to sentencing. Because he did not make the required payments before sentencing, the forfeiture amount was increased to $650,000.00, pursuant to the terms of the agreement.

“The hefty forfeiture, prohibition from ever practicing medicine again and sentence of imprisonment send a strong message that this office will not tolerate medical professionals who abuse their knowledge of the medical system and their positions of trust,” United States Attorney Julia C. Dudley said today.

Gomez admitted to acquiring and obtaining Androgel (testosterone gel), a Schedule III controlled substance, by misrepresentation, fraud, forgery and deception. On June 26, 2008, the defendant issued a prescription for Androgel in the name of a patient (without the patient’s knowledge), had the prescription filled by a third person, and took possession of the controlled substance. The Androgel was found by the Virginia State Police during a search of Gomez’s home.

For the tax years, 2005 and 2006, Gomez willfully failed to indicate on his income tax returns (Forms 1040), that he had bank accounts overseas. He also failed to file a Form TD F 90-22.1 (“Report of Foreign Bank And Financial Accounts”). A person is required to file a Form TD F 90.22.1 by June 30 of each year if, during the prior calendar year, the person had a financial interest in or signature or other authority over any financial accounts, in a foreign country, when the aggregate value of those accounts exceeded $10,000.00 at any time during the previous calendar year. Gomez transferred more than $100,000.00 to foreign accounts during the time period set forth in the charging document.

The investigation of this case was conducted by the Internal Revenue Service Criminal Investigation, Virginia State Police, Richlands Police Department and Bristol (Virginia) Police Department. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.