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Oklahoma City, Oklahoma – SHERRY’S DRUG, which operates a retail pharmacy in Edmond, Oklahoma, has paid $43,000 in civil penalties to the United States to settle claims stemming from alleged violations of the Controlled Substances Act, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
The Controlled Substances Act, 21 U.S.C. Sections 801 et seq. ("CSA"), was passed by Congress to combat the illegal distribution and abuse of controlled substances, including prescription medications. The CSA is enforced by the Drug Enforcement Administration's (DEA) Office of Diversion Control, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring an adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs. Under the CSA, entities registered with the DEA who purchase, distribute, dispense, transfer, or sell controlled substances must comply with inventory and documentation requirements. Regulations promulgated under the CSA require that each DEA registrant, including pharmacies, maintain complete and accurate records of each substance manufactured, received, sold, delivered, dispensed or otherwise disposed of by the registrant for two years. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances.
Sherry’s Drug ("Sherry’s") is an Oklahoma corporation with its primary business located in Edmond, Oklahoma. The United States alleged that between February 3, 2010, and January 6, 2014, Sherry’s improperly filled prescriptions for controlled substances that did not contain the prescriber’s DEA number, substituted Sherry’s DEA registration number for the prescriber’s DEA number, and filled prescriptions for controlled substances under a non-valid DEA registration number.
In order to resolve the claims by the United States, Sherry’s paid $43,000 in civil penalties to the government. In reaching this settlement, Sherry’s did not admit liability and the government did not make any concession regarding the legitimacy of its claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Administration's Office of Diversion Control, Oklahoma City District Office Diversion Group, and was prosecuted by Assistant United States Attorney Ronald R. Gallegos.