U.S. Attorney’s Office Reaches Settlement with Portland Mental Health Clinic for Alleged Controlled Substances Act Violations

PORTLAND, Maine: Riverbird, LLC, a Portland-based mental health clinic, and its providers Matthew Stevens, DO and Selma Holden, MD, have agreed to pay $20,000 to resolve claims they violated the civil provisions of the Controlled Substances Act through reporting and recordkeeping violations.

The settlement announced resolves allegations that Riverbird and its providers improperly failed to report the diversion of controlled substances; failed to keep appropriate records of controlled substances stored, dispensed, or destroyed; and did not conduct regular inventories.

As alleged, following a November 2024 audit of Riverbird by diversion investigators employed by the U.S. Drug Enforcement Administration (DEA), the following alleged violations were identified:

• Clinic practitioners were aware of drug diversion committed by Matthew Stevens, DO, yet failed to report the theft to DEA.
• Clinic practitioners failed to take an initial inventory of controlled substances after a change in ownership of the clinic.
• Clinic practitioners failed to maintain complete and accurate records related to controlled substances possessed by the clinic.
• Clinic practitioners admitted to investigators that a Schedule IV controlled substance (lorazepam) in the practice’s possession was disposed of, however, the only record of the disposal was a handwritten note on a slip of paper rather than a completed mandatory DEA form. 

“DEA registrants are responsible for handling controlled substances responsibly and ensuring that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substance Act,” said DEA Special Agent in Charge Jarod Forget, New England Field Division. “Failure to do so increases the potential for diversion and jeopardizes public health and public safety. We are committed to working with our law enforcement and regulatory partners to ensure that these rules and regulations are followed.”

“Maintaining complete and accurate records is a baseline obligation of all DEA registrants, required to prevent controlled substances from being diverted from the legitimate drug supply,” said U.S. Attorney Andrew B. Benson. “Investigations such as this—where investigators discovered undisclosed instances of actual drug diversion—reinforce the need to timely record and report such instances to the DEA.”

DEA diversion investigators conducted the investigation. As part of the settlement, Riverbird and its providers have also entered into a Memorandum of Understanding with the DEA, to further ensure compliance with applicable Controlled Substances Act laws and regulations.

The claims resolved by the settlement are allegations only and there has been no determination of liability. Riverbird and its providers cooperated with the DEA throughout the investigation.

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