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Justice News

Department of Justice
U.S. Attorney’s Office
District of Nevada

FOR IMMEDIATE RELEASE
Thursday, October 25, 2018

Doctor Sentenced To Prison For Role In Conspiracy To Distribute Hydrocodone And Oxycodone Without A Medical Purpose

LAS VEGAS, Nev. – A Las Vegas, Nevada, doctor was sentenced today to 12 months and one day in prison for his role in a prescription drug conspiracy to distribute hydrocodone and oxycodone by allowing his co-conspirators to write illegal opioid prescriptions using his pre-signed prescription pad.

United States Attorney Dayle Elieson for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Office, and Special Agent in Charge Christian J. Schrank for the Office of Inspector General of the U.S. Department of Health and Human Services, Los Angeles Region made the announcement.

Dr. Horace Paul Guerra IV, a former managing partner of Incera LLC, pleaded guilty in July to one count of conspiracy to distribute controlled substances. United States District Judge James C. Mahan presided over the sentencing hearing. As part of his sentence, Guerra surrendered his Nevada medical license.

Between January 1, 2018 to about May 3, 2018, Guerra conspired with his Incera LLC partners, Robert D. Harvey and Alejandro Incera, to distribute hydrocodone and oxycodone. As part of the conspiracy, he allowed his co-conspirators to use Incera LLC prescription pads to write illegal opioid prescriptions for patients he did not see and without a legitimate medical purpose. The pre-signed prescription pads included Guerra’s name, signature, and DEA number.

Both Harvey and Incera pleaded guilty in October, and are scheduled to be sentenced on January 10, 2019.

The case was investigated by the FBI, the Office of Inspector General of the U.S. Department of Health and Human Services, and the Nevada Attorney General’s Office Medicaid Fraud Control Unit. Assistant U.S. Attorney Kilby Macfadden prosecuted the case.

The Opioid Fraud and Abuse Detection Unit is a program that utilizes data to help combat the devastating opioid crisis. The District of Nevada was selected as one of 12 districts nationally to participate in the pilot program. The District of Nevada has assigned an experienced prosecutor that focuses solely on investigating and prosecuting health care fraud related to medical professionals who prescribe opioids, that unlawfully divert of dispense prescription opioids for illegitimate purposes.

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Topic(s): 
Opioids
Prescription Drugs
Component(s): 
Updated October 25, 2018