Wyoming

July 23, 2009

Dentist Pleads Guilty to Writing Fraudulent Prescriptions and Abuse of Painkillers (U.S. Attorney for the District of Wyoming)

A dentist who operates a clinic in Riverton, Wyoming, pleaded guilty to federal charges related to writing fraudulent prescriptions for and abusing the powerful and addictive painkillers oxycodone and hydrocodone, for making false statements to federal drug investigators, and for making a false statement to a licensed federal firearms dealer. On July 20,2009, Daniel Eugene Hauck, 33, of Riverton, Wyo., entered guilty pleas before United States District Court Judge Alan B. Johnson to three counts of an indictment charging him with conspiracy to distribute and dispense oxycodone and hydrocodone to persons he did not examine, without a legitimate medical purpose and outside the usual course of professional practice; making false statements and false representations to investigators during an inspection of the U.S. Drug Enforcement Administration; and making a false statement to a firearms dealer.

Hauck pleaded guilty under a plea agreement with the United States including a recommendation that he be sentenced to a term of 33 to 36 months imprisonment to be followed by a 5 year term of supervised release and the court's recommendation to the United States Bureau of Prisons that while in prison Hauck participate in the 500 Hour Residential Drug Abuse Treatment Program. Sentencing has been set for September 28, 2009.

The federal sentencing system does not include parole and makes the sentence Hauck receives the sentence he will serve, less approximately fifteen percent for good behavior. Supervised release is a period of time following imprisonment during which Hauck will be subject to certain restrictions and requirements. If Hauck violates one or more of these conditions, he could be returned to prison for all or part of the term of supervised release originally imposed.

In the agreement and during his change of plea hearing, Hauck stipulated to a list of facts in support of his guilty plea and the sentencing recommendation. In doing so, he admitted using his employees, other persons and his codefendant, Brent Glenn Bills, to obtain hydrocodone and oxycodone for his own personal use. Hauck would write - or call into a pharmacy - a bogus prescription for oxycodone or hydrocodone pills in the employee's or the person's name. After the employee or persons filled the prescription, they would give the pills to Hauck. In most cases, Hauck used all the pills but he would also split the pills with certain individuals. After Hauck surrendered his DEA registration, Bills called in bogus prescriptions for hydrocodone pills in the names of an employee and patient of Hauck. The employee and patient gave the pills to Hauck for his own use.

In addition, Hauck used a significant number of oxycodone and hydrocodone pills he received from pharmacies for "office use" - a practice in which practitioners are allowed to keep controlled substances in their offices for distribution directly to a patient. Hauck further admitted that during an inspection of his dental office by DEA investigators, he falsely stated that he lawfully dispensed "office use" oxycodone and hydrocodone pills to his patients when he knew, in fact, he used the pills himself. Finally, Hauck admitted he falsely stated on an ATF Form 4473 - in connection with purchasing a firearm - that he was not an unlawful user of a controlled substance when, in fact, he unlawfully used hydrocodone and oxcycodone on a regular basis.

Kelly Rankin, U.S. Attorney for Wyoming, said, "This case underscores just how important it is for healthcare providers, pharmacists, law enforcement and the public to work together to educate people about the real dangers associated with the illegal use and misuse of prescription medications. There is a fallacy out there that these drugs are somehow safer because they are manufactured in a laboratory. Sadly, unless taken as lawfully prescribed, this myth has caused an increase in illegal use and unintentional overdose deaths in Wyoming."

The investigation of Hauck was conducted by the U.S. Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Wyoming Division of Criminal Investigation.

Jeffrey D. Sweetin, Special Agent in Charge of the Rocky Mountain Division of the Drug Enforcement Administration, said: "Daniel Hauck was a professional in a position of trust in the community, who abused his authority as a dentist to illegally obtain powerful narcotics for his personal use. He is now paying a high price for his illegal drug activity."

Forrest Bright, Director of the Wyoming Division of Criminal Investigation, said: "The abuse and misuse of prescription drugs in Wyoming is an immediate and genuine concern to the Wyoming Division of Criminal Investigation, as well as the entire law enforcement community, Board of Medicine, Board of Nursing, Board of Pharmacy, Department of Substance Abuse and Mental Health, Wyoming Hospital Association, and the Department of Health, who are all working together to address this deadly threat. We all need to work together to make sure that the illegal trafficking and abuse of prescription medications does not interfere with healthcare professionals' ability to provide lawful medical care to their patients."

Special Agent in Charge Richard Chase of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Denver Field Division, said: "This case is an excellent example of the benefits of a collaborative effort by the United States Attorney's Office, DEA, ATF and the Wyoming Division of Criminal Investigation (DCI) to prosecute abusers of prescription drugs as well as illegal drug users in possession of firearms, a violation of Federal law."

A copy of this press release may be found at: http://www.usdoj.gov/dea/pubs/states/newsrel/2009/denver072309.html