United States v. Barbacoff, Civ. A. No. 75-1069.

• Court: United States District Courts. United States District Court (Columbia)
• Writing for the Court: Paul F. Interdonato, Washington, D. C., for defendant
• Citation: 416 F. Supp. 606
• Parties: UNITED STATES of America, Plaintiff, v. Alec BARBACOFF t/a New Beacon Pharmacy, Defendant.
• Docket Number: Civ. A. No. 75-1069.
• Decision Date: 09 July 1976

416 F. Supp. 606

UNITED STATES of America, Plaintiff,
v.
Alec BARBACOFF t/a New Beacon Pharmacy, Defendant.

Civ. A. No. 75-1069.

United States District Court, District of Columbia, Civil Division.

July 9, 1976.

416 F. Supp. 607

Thomas G. Corcoran, Jr., Asst. U. S. Atty., U. S. District Court, Washington, D. C., for plaintiffs.

Paul F. Interdonato, Washington, D. C., for defendant.

JOHN H. PRATT, District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

By order dated March 10, 1976, the Court granted the plaintiff's second motion for partial summary judgment herein. Thereafter, on June 3, 1976, the Court held a hearing at which plaintiff and defendant had an opportunity to present witnesses and cross-examine. Based on that hearing and the entire record herein, the Court makes the following Findings of Fact and Conclusions of Law.

Findings of Fact

1. Defendant failed to maintain complete and accurate records with respect to the receipt and distribution of Preludin 75 mg. Endurets during the period extending from the opening of business on June 5, 1973 through the close of business on September 10, 1975. Defendant was unable to account for an overage of 1,962 Preludin 75 mg. Endurets. Affidavit of Zenon Grundkowski, dated December 29, 1975, ¶¶ 4-5, Exhibit A to plaintiff's second motion for partial summary judgment; Affidavit of Robert C. Williamson, dated December 24, 1975, ¶ 3, Exhibit B to plaintiff's second motion for partial summary judgment.

2. Defendant failed to maintain complete and accurate records with respect to the receipt and distribution of Ritalin 20 mg. Tablets during the period extending from the opening of business on June 5, 1973 through the close of business on September 10, 1975. Defendant was unable to account for an overage of 3,072 Ritalin 20 mg. Tablets. Affidavit of Zenon Grundkowski, dated December 29, 1975, ¶ 4, supra; Affidavit of Robert C. Williamson, dated December 24, 1975, ¶ 3, supra.

3. Defendant failed to complete 43 Official Order Forms (DEA-2220) showing receipts of Controlled Substances during the

416 F. Supp. 608

period June 5, 1973 to September 10, 1975. Affidavit of Zenon Grundkowski, dated December 29, 1975, ¶ 5, supra; Affidavit of Robert C. Williamson, dated December 24, 1975, ¶ 3, supra

4. Defendant failed to inventory preparations containing methaqualone on November 5, 1973. Affidavit of Zenon Grundkowski, dated December 29, 1975, ¶ 6, supra; Affidavit of Robert C. Williamson, dated December 24, 1975, ¶ 3, supra .

5. Defendant failed to inventory preparations containing pentobarbital, secobarbital, and amobarbital on January 1, 1974. Affidavit of Zenon Grundkowski, dated December 29, 1975, ¶ 6, supra; Affidavit of Robert C. Williamson, dated December 24, 1975, ¶ 3, supra .

6. Defendant filled 527 forged prescriptions for Preludin and Ritalin. Affidavit of Zenon Grundkowski, dated December 29, 1975, ¶ 7, supra; Affidavit of Robert C. Williamson, dated December 24, 1975, ¶¶ 4-5, supra; Affidavit of Thomas M. Dent, III, M.D., dated December 23, 1975, ¶¶ 1-2, Exhibit C to plaintiff's second motion for partial summary judgment; Report of Barry M. Spittle, Exhibit A to plaintiff's memorandum on civil penalty to be assessed.

7. Defendant filled 300 prescriptions for Preludin Tablets bearing the xeroxed signature of Frederick J. Washington, M.D. Affidavit of Zenon Grundkowski, dated December 29, 1975, ¶ 1, supra; Affidavit of Robert C. Williamson, dated December 24, 1975, ¶ 1, supra; Report of Investigation, Exhibit A to Amended Complaint, pp. 9-11.

8. Between the beginning of 1972 and the end of 1975, defendant dispensed nearly 500,000 Preludin 75 mg. Endurets and approximately 400,000 Ritalin 20 mg. Tablets. Defendant's Answer to Interrogatories; Deposition of Alec Barbacoff.

9. Defendant grossed approximately $76,648 from the sale of Preludin in this period and $51,981 from the sale of Ritalin. Defendant's Answer to Interrogatories; Deposition of Alec Barbacoff.

10. The profit made on the sale of Preludin and Ritalin between 1972 and 1975 was essential to the solvency of his business. Plaintiff's memorandum on civil penalty to be assessed, p. 3; Deposition of Alec Barbacoff, Exhibit B to plaintiff's memorandum on civil penalty to be assessed, pp. 59-61; Testimony of Alec Barbacoff, June 3, 1976.

11. Between 1972 and 1975, phenmetrazine was one of the most commonly used drugs, if not the most commonly abused drug, in the District of Columbia. Exhibits G, H, and I in support of plaintiff's memorandum on civil penalty to be assessed.

12. From May 10, 1973 to August 10, 1973, Boehringer-Ingelheim, the manufacturer of Preludin, imposed a moratorium on its distribution in the Washington area.

13. During the week of June 17, 1974, Mr. Barbacoff had a conference with Assistant United States Attorney Jason D. Kogan. Mr. Kogan informed Mr. Barbacoff that Dr. Burton had been selling prescriptions for Preludin and Ritalin to persons with no medical need for them, that Mr. Barbacoff had been filling those prescriptions, and that the persons to whom the prescriptions were...