CAUSE NO FB-J)CrJQ(~!d- COUNT I. KIMBERL Y L. SCHULTZ, upon information and belief, affirms under the penalty of

Transcription

1 STATE OF INDIANA ST. JOSEPH COUNTY STATE OF INDIANA I VS. CHARLES EDWIN MYERS DOB: XX-XX- SS: INFORMATION IN TWO CQUNTS: ~/; COUNT I: DEALING IN K'CONTROLLED cj& ~~A SUBSTANCE (SCHEDULE II, ~ q;(j V CLASS B FELONY. t1j& '9'<'0 COUNT II: DEALING IN A CONTROLLED ~&- '1-/ IN THE ST. JOSEPH SUPERIOR COURT CAUSE NO FB-JCrJQ(~!d- SUBSTANCE (SCHEDULE IV, ~9t;a ~ CLASS B FELONY r-co/.~ixv!,,! COUNT I perjury that: KIMBERL Y L. SCHULTZ, upon information and belief, affirms under the penalty of Between the 31st day of October, 2012 and the 18 th day of November, 2013, in St. Joseph County, State ofindiana, CHARLES EDWIN MYERS did knowingly deliver a controlled substance (pure or adulterated classified in Schedule II and said controlled substances were delivered with no legitimate purpose or not in the usual course of his practice as a licensed physician. ~ All of which is contrary to the form of the statute in such cases made and provided, to wit: Indiana Code (a( I(C, and against the peace and dignity of the State of Indiana. COUNT II KIMBERL Y L. SCHULTZ, upon information and belief, affirms under the penalty of =- perjury that: On or about the 17th day of October, 2012, in St. Joseph County, State of Indiana, CHARLES EDWIN MYERS did knowingly deliver a controlled substance (pure or adulterated classified in Schedule IV and said controlled substances were delivered with no legitimate purpose or not in the usual course of his practice as a licensed physician. All of which is contrary to the form of the statute in such cases made and provided, to wit: Indiana Code (a(I(C, and against the peace and dignity ofthe State ofindiana.

2 1 athrm uneier the penalties tor perjury, that the toregomg representations are true. /l' /l' TTORNEY Probable cause found. Arrest warrant ordered issued. Bond set at $ /i~ em ' Corporate surety or $ io, Oct - cash in lieu thereof, so found this day the Lf r day of June, 2014, at fj.r 3'} ~M. }rn< 1ApL- /;~ ~ /M~cWrz?l /IJ,-~ JUDGE, ST. JOSEPH SUPERIOR COURT WITNESSES: TD ME J L, Jr. CD GC KW SP Michelle Smith Greg Labis-Investigator, Office of the Attorney General Kent Barhydt-Detcctive Lieutenant, Mishawaka Police Department Mary Jackson, Pharmacist Robert A. Traina-Agent, Drug Enforcement Administration Drew L. Adams-Deputy Attorney General Timothy E. King, ~A:.D. Kathy Franko, Master Trooper, Indiana State Police A Representative from INSPECT A Representative from Walgreen's Pharmacy A Representative from CVS Pharmacy A Representati ve from Walmart Pharmacy A Representative from Meijer Pharmacy All witnesses 1iste(1in police, medical and laboratory reports. '-

3 /' SlAlE OF INDIANA COUNT OF ST JOSEPH SS: /' IN THE SUPERIOR COURT If.~ OFST JOSEPH COUNTY fb.. l\.-xrj1foo 03--WlQ-. VW STATE OF INDIANA VS. CHARLES E MYERS ~ F:11..t:D ~ JUN St Joseph Superio cclerk r our( AFFIDAVIT OF PROBABLE CAUSE FOR ARREST WARRANT I, Drew Adams, Supervisory Deputy Indiana Attorney General Medicaid Fraud Control Unit (MFCU, have good cause to believe that between January 1,2011 and January 1,2014 in the County of St. Joseph, State ofindiana, the above named person committed the crimes of: One (1 count of Dealing in a Schedule II Controlled Substance, a Class B Felony and one (1 count of Dealing in a Schedule IV Controlled Substance, a Class B Felony. Introduction 1 I am a Supervisory Deputy Indiana Attorney General, Medicaid Fraud Control Unit. I have been so employed for the past nine years. During that time I have investigated or participated in numerous healthcare fraud and patient abuse and neglect cases. I am a graduate of Valparaiso University, and Valparaiso University School of Law. I have received specialized training in the investigation of Medicaid and Medicaid Fraud, health care fraud, theft and related crimes and the diversion of controlled substances by medical practitioners. 2 I am currently assigned to investigate the prescribing practices of Dr. Charles E. Myers. My assignment!~to determine whether Dr. Myers has been prescribing ~-Qntrolledsubstances without medical necessity to certain persons and in such quantities and combinations to Medicaid patients and others that is outside the scope of accepted medical practice in violation of the Indiana Administrative Code, the Indiana Criminal Code, the Controlled Substance Act and the Medicaid fraud statute. Should it be determined that the prescribing practices go beyond accepted medical practice, any Medicaid claim filed or caused to be filed by Dr. Meyers' office that has a nexus to illegitimate prescribing would be considered fraudulent under the guidelines of the Indiana Medicaid Program and state and federal law. Whether Medicaid or not, the filling and dispensing of any or all illegitimate prescriptions by a pharmacy would have a fraudulent basis and would be illegal. 3 I have participated in the investigation of the offenses described within this affidavit. The statements contained in this affidavit are based in part on information provided by and conversations with members of the Indiana State Police, Mishawaka Police Department, other agents and investigators of the Indiana Medicaid Fraud Control Unit, deputy prosecutors, diversion agents from the Drug Enforcement Administration (DEA and based on my

4 experience, education, training and background. I am working this c_asewith the Indiana State Police, Mishawaka Police Department and the pea. I' 4 Based on information I have received, and by reviewing Dr. Myers' prescribing practices, I strongly believe that Dr. Myers is prescribing controlled substances in such large quantities and dangerous combinations that his prescribing is beyond the bounds of usual and acceptable medical practice and not for legitimate medical purposes. My investigation revealed that Dr. Myers is also prescribing controlled substances to his patients as payment for sex, that many of those prescriptions being written in the names of individuals (some known drug dealers and drug abusers who were never his patients and who were never examined by him. 5 Because this affidavit is being submitted for the purpose of securing an arrest warrant I have not included each and every fact that has been revealed through the course of this investigation. I have set forth only the facts that are believed to be necessary to establish the required foundation for this issuance of the requested warrant. Physician's Background 6 Dr. Charles E. Myers operates a medical practice at 303 S. Main Street, Suite 108, Mishawaka, Indiana. He is a licensed medical Dr. in the State of Indiana holding Indiana license number A. He is an enrolled Medicaid provider, with an LPI number of D (Legacy Provider Number. The Legacy Provider Number is the Medicaid number assigned to providers that stays with them as long as they are enrolled in the program. Dr. Myers is board certified in family practice. It is believed, however, that he treats patients for a variety of maladies, perhaps beyond the scope of most family practitioners. He held a DEA practitioner's registration for controlled substances Schedules II-V. He surrendered his practitioner's registration voluntarily in December, He was never licensed by the DEA to treat patients for drug addiction. Applicable law and Statutes 7 Dr. Charles E. Myers is being investigated for violations oflc , Dealing in a schedule I, II or III controlled substance anct LC Dealing in a schedule IV controlled substance. 8 A prescription, to be effective must be issued for a legitimate purpose in a reasonable quantity by an individual practitioner acting in the usual course of his professional practice. 856 LA.C A practitioner is subject disciplinary sanctions if after hearing a the board finds a practitioner has engaged in sexual contact with a patient under the practitioner's care or has used the practitionerpatient relationship to solicit sexual contact with the patient under the practitioner's care. LC (a ( United States v. Moore, 423 US 122 (1975 and Alarcon v. State, 573 N.E.2d 477 (1991 set forth that when a physician acts without any legitimate legal purpose and beyond the course of professional practice by selling prescriptions that allow the bearer to obtain controlled substances his conduct should be treated like any other street-comer pill pusher. When a physician issues a prescription without a legitimate medical purpose or outside the usual course of his professional

5 practice, he can be prosecuted tor a violation ofi.c and I.C / / ' Investigation - Dealing In a Controlled Substance 11 Dr. Myers came to my attention when Indiana State Police Detective, Drug Enforcement Section, Kathy Franko advised on January 3, 2013 that she had received a complaint through the South Bend Police Department that Dr. Myers may be over prescribing controlled substances to patients. 121 spoke with DEA Diversion Investigator Robert Traina who advised that he had received information from a source that had knowledge of the illegal sale and distribution of controlled substances in the South Bend-Mishawaka-Elkhart Indiana. This source provided firsthand knowledge that T. D. was selling oxycodone, a schedule II controlled substance. T.D. had sold oxycodone to the source. The source advised that T.D. was obtaining prescriptions for those controlled substances from an unknown physician in the area. 13 I learned from Mishawaka Police Detective Kent Barhydt that M.E. had filed a crime report with their department stating that T.D. was using M.E.'s name to obtain Adderall, methadone and oxycodone prescriptions from Dr. Charles E. Myers. Detective Barhydt contacted Dr. Myers, who admitted that M.E. was not a patient, and that he had never seen or examined M.E. He admitted that he had written prescriptions for controlled substances in M.E.'s name and gave those prescriptions to T. D. 14 M.E. was interviewed on October 30,2013 by myself and MFCU Investigator Greg Labis. M.E. stated that she has never been a patient of Dr. Charles E. Myers. She advised that she takes Adderall for attention deficit hyperactivity disorder (ADHD and she called her physician's office for a refill. The practice manager then told her she was being terminated as a patient due to her misuse of controlled substances. The practice manager informed her that she was receiving controlled substances from Dr. Myers (doctor shopping. He informed her which pharmacies had filled these prescriptions. M.E. went to several of the pharmacies and learned that T.D. had' picked up prescriptions that were written by Dr. Myers in M.E.'s name. M.E. advised that she called Dr. Myers' office and asked the female who answered the phone why prescriptions were written in her name. Dr. Myers returned M.E.' s call and told her that he wrote prescriptions for controlled substances in her name and gave them to T.D. M.E. advised that she called T.D. on September 25 th 2013 and asked her why she was getting prescriptions in her name. T.D. told her, I needed the money. M.E advised that T.D. is her sister, and is a long time drug abuser, drug dealer and prostitute. -=- 15 Investigation revealed that between December 14,2012 and August 13,2013 Dr. Charles-E. Myers issued seven controlled substance prescriptions in the name of M.E. even though M.E. was never a patient of Dr. Myers and was never examined by him. Five of the prescriptions were for oxycodone, a schedule II controlled substance, one for methadone, a schedule II controlled substance, and one for Adderall, a Schedule II controlled substance. These prescriptions were given to T.D. by Dr. Myers and were filled at various local pharmacies. Copies of these controlled substance prescriptions have been obtained and reviewed.

6 16T.D was interviewed on November 19 th 2013 by myself and MFCU Investigator Greg Labis. She r described herself as an addict0vho had recently bvercome her addiction. She advised tllat her relationship with Dr. Meyers goes back seventeen years when she was pregnant with the first of her two children. T.D started a sexual relationship with Dr. Myers during a visit in She knew Dr. Myers was married, but sensed he was interested in her because when they talked during office visits Myers rarely made eye contact with her, but seemed to always be looking at her breasts. She initiated her first sexual contact with Dr. Myers by grabbing his crotch area and ended up having intercourse with him in the exam room. After the first time the two had intercourse, T.D. told Dr. Myers that she would like to be paid and he offered her $500. T.D. told Dr. Myers How about a thousand, and Dr. Myers gave her $1000 cash. After their first sexual encounter, T.D. started going to Dr. Myers' office frequently on Wednesday afternoons. Dr. Myers' office closed at noon on Wednesdays and T.D. would go to the office after all the staff had left for the day. Dr. Myers had an air mattress that he kept in a closet in his back office that the two would use during intercourse. T.D. estimated that over a two year period Dr. Myers paid her $10,000 for sex. After approximately two years Dr. Myers told T.D. that he could no longer afford to pay for sex with cash, but would instead pay her with prescriptions for controlled substances. T.D. explained that these prescriptions were written to T. D. as well as other individuals who were not patients and who had not been seen or examined by Dr. Myers, including but not limited to M. E., K.W., G.C., C.D., and J.L. T.D. stated that Dr. Myers was aware she was using these prescriptions for her personal use. ~ 17 K.W. was interviewed on November 19,2013 by MFCU Investigator Greg Labis. She admitted to having a drug addiction problem. K.W. stated that her former live-in boyfriend C. D. is a drug dealer. K. W. explained that in late 2012 T.D. provided them with prescriptions for controlled substances written in their names by Dr. Myers. At the time neither she nor C.D. were patients of Dr. Myers. K.W claimed she never sold any of these drugs, but used them all to feed her addiction. 18 Investigation revealed that between November 14,2012 and December 10,2012 Dr. Charles E. Myers issued two controlled substance prescriptions in the name ofk.w. before K.W. was a patient of Dr. Myers and prior to being examined by him. Both prescriptions were for oxycodone, a schs:<duleii controlled substance. These prescriptions were ~ven to T.D. by Dr. Myers and were filled at various local pharmacies. Copies of these controlled substance prescriptions have been obtained and reviewed. 19 C.D. was interviewed on December 5, 2013 by myself and MFCU Investigator Greg Labis. C.D. admitted to receiving multiple prescriptions for controlled substances issued in his name by Dr. Myers. These prescriptions were provided to him by T.D. C.D. stated that he was never a patient of Dr. Myers and was never examined by him. 20 Investigation revealed that between October 31, 2012 and December 28, 2012 Dr. Charles E Myers issued six controlled substance prescriptions in the name of C.D. even though C.D. was never a patient of Dr. Myers and was never examined by him. Three ofthe prescriptions were for oxycodone, a schedule II controlled substance and three of the prescriptions were for methadone, a schedule II controlled substance. These prescriptions were given to T.D. by Dr. Myers and were filled at various local pharmacies. Copies of these controlled substance prescriptions have

7 ' oeen ootameq and reviewed. / ~ / 21 G.C was interviewed on March 13,2014 by MFCU Investigator Greg Labis. She stated that she received multiple controlled substance prescriptions issued in her name by Dr. Myers before she was a patient and before she was examined by him. 22 Investigation revealed that between October 17,2012 and March 7, 2013 Dr. Charles E Myers issued five controlled substance prescriptions in the name of G.C before G.C was a patient of Dr. Myers and prior to being examined by him. Two of the prescriptions were for oxycodone, a schedule II controlled substance and one of the prescriptions were for Valium, a schedule IV controlled substance. These prescriptions were given to G.c. by Autumn Myers, Dr. Myers' daughter and office manager. They were filled at various local pharmacies. Copies of these controlled substance prescriptions have been obtained and reviewed. 23J.L. was interviewed on February 5, 2014 by myself and MFCU Investigator GregLabis. advised that he was never a patient of Dr. Myers and was never examined by him. ll. 24 Investigation revealed that between November 23,2012 and September 4,2013 Dr. Charles E Myers issued eight controlled substance prescriptions in the name of J.L. even though J.L. was never a patient of Dr. Myers and was never examined by him. Seven ofthe prescriptions were for oxycodone a schedule II controlled substance. One of the prescriptions was for Percocet, a schedule II controlled substance. These prescriptions were given to T.D. by Dr. Myers and were filled at various local pharmacies. Copies of these controlled substance prescriptions have been obtained and reviewed. 25 On December 1i h, 2013 a search warrant was served at Dr. Myers office in Mishawaka, Indiana by MFCU, the Indiana State Police, and the Mishawaka Police Department. Approximately 100 medical charts were seized, and Dr. Myers was served with a Medicaid Fraud Control Unit subpoena requesting the same medical charts. It was determined from that search and MFCU subpoena that no medical charts exist at Dr. Myers medical practice for M.E., C.D., or J. L. A medical chart review indicated that K.W. and G.C. received controlled substance prescriptions prior to becoming patients and priorj:o being examined by Dr. Myers. 26 Dr. Myers consented to an interview, and was transported to the Mishawaka Police Department where he was intervie\ved by MFCU Investigator Greg Labis and Indiana State Police Investigator Kathy FI(1ko.Dr. Myers admitted that he gave controlled substance prescriptions to T.D. in the name of M.E., C.D., and J.L. even though they were never patients and never examined by him. Dr. Myers admitted that he gave controlled substance prescriptions to T.D. in the name ofk.w. before she was a patient and before he examined her. Dr. Myers admitted that he gave controlled substance prescriptions to G.C. before G. C. was a patient and before he examined G.c. Dr. Dr. J'v1yersadmitted to having a sexual relationship with T.D from 2011 through 2013, providi fl. her with approximately $5000 and providing her with controlled substance prescripticll issued in her and her friends' names. Dr. Myers admitted to issuing controlled substances i u T.D. in spite of her severe addiction and history of drug abuse. Dr. Myers stated that he knew issuing prescriptions for controlled substances to people who were not patients and who he did not examine was a crime.

8 Expert Physician Reviefv 27 Dr. Timothy King is a board certified pain management anesthesiologist and contract expert retained by the Indiana Attorney General. Dr. King's curriculum vitae is attached as Exhibit 1. After careful review, Dr. King advised this investigator that Dr. Myers presents a clear and present danger to the public. Specifically, Dr. King reviewed the medical chart and prescription drug history oft.d. Dr. King concluded that between January 1,2011 and January 1,2014 Dr. Myers issued approximately one hundred fifty prescriptions for controlled substances to T.D. without a legitimate medical purpose and outside the usual course of professional practice. Dr. King found no legitimate medical diagnosis, lack of appropriate medical workup, lack of individualized treatment plan, lack of controlled substance accountability and failure to exercise a pharmacologic exit strategy in the absence of clinical improvement. I WHEREFORE this affiant respectfully requests this Court to issue a warrant for the arrest of Dr. Charles E. Myers on One (1 count of Dealing in a Schedule II Controlled Substance, a Class B Felony and one (1 count of Dealing in a Schedule IV Controlled Substance, a Class B Felony. I affirm under the penalties for perjury as specified in I.C that the foregoing representations are true. ctbj~ r Affiant, Drew Adams, Supervisor, IAG-MFCU -=.