United States v. Volkman

Volkman, a University of Chicago M.D. and Ph.D. (pharmacology), board-certified in emergency medicine, was in financial distress after lawsuits. Hired by Tri-State, a cash-only clinic, he was paid $5,000 to $5,500 per week. Soon, pharmacies refused to fill his prescriptions, citing improper dosing. Volkman opened a dispensary in the clinic. The Ohio Board of Pharmacy issued a license, although a Glock was found in the drug safe. Follow-up inspections disclosed poorly maintained logs; that no licensed physician or pharmacist oversaw the actual dispensing process; and lax security of the drug safe. Patients returned unmarked and intermixed medication. The dispensary did a heavy business in oxycodone. A federal investigation revealed a chaotic, unclean environment. Tri-State fired Volkman, who opened his own shop; 12 patients died. Volkman and Tri-State’s owners were charged with conspiring to unlawfully distribute a controlled substance, 21 U.S.C. 841(a)(1); maintaining a drug-involved premises, 21 U.S.C. 856(a)(1); unlawful distribution of a controlled substance leading to death, 21 U.S.C. 841(a)(1) and 841(b)(1)(C), and possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. 24(c). The owners accepted plea agreements and testified against Volkman, The Sixth Circuit affirmed his conviction on most counts, and a sentence of four consecutive life terms. On remand from the Supreme Court, in light of Burrage v. United States (2014), the Sixth Circuit again found the evidence of but-for causation sufficient. View "United States v. Volkman" on Justia Law