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Joe Biden Department of Justice Files Nationwide Lawsuit Against Walmart Inc. for Controlled Substances Act Violations
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Bradley K. Sherman
Dec 22, 2020, 8:40:02 PM12/22/20
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Complaint Alleges Company Unlawfully Dispensed and Distributed
Prescription Opioids
In a civil complaint filed today, the Department of Justice has
alleged that Walmart Inc. unlawfully dispensed controlled
substances from pharmacies it operated across the country and
unlawfully distributed controlled substances to those pharmacies
throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in
hundreds of thousands of violations of the Controlled Substances
Act (CSA). The Justice Department seeks civil penalties, which
could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold
accountable those responsible for the prescription opioid
crisis. As one of the largest pharmacy chains and wholesale
drug distributors in the country, Walmart had the responsibility
and the means to help prevent the diversion of prescription
opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney
General of the Civil Division. “Instead, for years, it did the
opposite — filling thousands of invalid prescriptions at its
pharmacies and failing to report suspicious orders of opioids
and other drugs placed by those pharmacies. This unlawful
conduct contributed to the epidemic of opioid abuse throughout
the United States. Today’s filing represents an important step
in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility
to ensure controlled substances do not fall into the wrong
hands,” said Drug Enforcement Administration (DEA) Acting
Administrator Timothy Shea. “When processes to safeguard
against drug diversion are violated or ignored, or when
pharmacies routinely fill illegitimate prescriptions, we will
hold accountable anyone responsible, including Walmart. Too
many lives have been lost because of oversight failures and
those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s
Prescription Interdiction & Litigation (PIL) Task Force, the
complaint filed in the U.S. District Court for the District of
Delaware alleges that Walmart violated the CSA in multiple ways
as the operator of its pharmacies and wholesale drug
distribution centers. The complaint alleges that, as the
operator of its pharmacies, Walmart knowingly filled thousands
of controlled substance prescriptions that were not issued for
legitimate medical purposes or in the usual course of medical
practice, and that it filled prescriptions outside the ordinary
course of pharmacy practice. The complaint also alleges that,
as the operator of its distribution centers, which ceased
distributing controlled substances in 2018, Walmart received
hundreds of thousands of suspicious orders that it failed to
report as required to by the DEA. Together, the complaint
alleges, these actions helped to fuel the prescription opioid
crisis.
If Walmart is found liable for violating the CSA, it could face
civil penalties of up to $67,627 for each unlawful prescription
filled and $15,691 for each suspicious order not reported. The
court also may award injunctive relief to prevent Walmart from
committing further CSA violations.
“For years, Walmart failed to meet its obligations in
distributing and dispensing dangerous opioids and other drugs,”
said Deputy Assistant Attorney General Daniel J. Feith of the
Civil Division’s Consumer Protection Branch. “We look forward
to advancing this case with our DOJ partners.”
“The opioid crisis has exacted a catastrophic human toll upon
the residents of our district and upon our country,” said U.S.
Attorney for the Middle District of Florida Maria Chapa Lopez.
“National pharmacy chains must meet their legal obligations when
dispensing and distributing these powerful medications. The
filing of this complaint in collaboration with the Department of
Justice and other United States Attorneys’ Offices demonstrates
our firm commitment to enforcing these critical legal
requirements.”
“As a pharmacy that fills prescriptions for controlled
substances, Walmart has an obligation to fill only those
prescriptions that are legitimate,” said Acting U.S. Attorney
for the Eastern District of New York Seth D. DuCharme. “As a
wholesale drug distributor, Walmart also had an obligation to
notify DEA of suspicious orders of controlled substances.
Walmart failed to comply with both of its obligations, and
thereby failed in its responsibility to prevent the diversion of
controlled substances.”
“Today’s complaint is the culmination of a painstaking
investigation by my office and our Department of Justice
colleagues that uncovered years of unlawful conduct that did
untold damage to communities around the country, including here
in Colorado,” said U.S. Attorney for the District of Colorado
Jason R. Dunn. “We look forward to pursuing justice and holding
the company accountable for its conduct.”
“Opioid addiction and abuse have devastated communities across
our nation, and eastern North Carolina is no exception,” said
U.S. Attorney for the Eastern District of North Carolina Robert
Higdon Jr. “Walmart’s failures only made these problems worse.
For example, our office prosecuted a physician for illegal
opioid distribution. A jury convicted him just last year, and
he is currently serving a twenty-year prison sentence. As it
turns out, that physician expressly directed patients to Walmart
to have their opioid prescriptions filled. Walmart’s own
pharmacists reported concerns about the doctor up the corporate
chain, but for years, Walmart did nothing—except continue to
dispense thousands of opioid pills. My office will continue to
work with others in the Department to ensure that Walmart — and
all others who had a role to play in this ongoing opioid crisis
— are held responsible.”
“The misuse of prescription painkillers is a public health
crisis,” said U.S. Attorney for the District of Delaware David
C. Weiss. “DEA registrants must understand that licensure is a
privilege, not a right. Whenever that privilege is abused,
whether by the smallest local provider or the largest national
chain, our office and the Department of Justice will take all
necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United
States must prove if the case proceeds to trial.
The United States is represented in the filed action by
attorneys from the Department of Justice Civil Division’s
Consumer Protection Branch and from the U.S. Attorneys’ Offices
for the District of Colorado, District of Delaware, Eastern
District of North Carolina, Eastern District of New York, and
Middle District of Florida. The DEA’s Dallas Field Division and
Diversion Control Operations personnel investigated the case.
The DEA’s Office of Chief Counsel and the Criminal Division’s
Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and
its enforcement efforts may be found at
www.justice.gov/civil/consumer-protection-branch. For
information about the U.S. Attorneys’ Offices, visit: District
of Colorado, https://www.justice.gov/usao-co; District of
Delaware https://www.justice.gov/usao-de; Eastern District of
North Carolina https://www.justice.gov/usao-ednc; Eastern
District of New York https://www.justice.gov/usao-edny; Middle
District of Florida https://www.justice.gov/usao-mdfl.
Information about the DEA is available at www.dea.gov.
Attachment(s):
Download 2020.12.22 walmart complaint final
Topic(s):
Consumer Protection
Opioids
Component(s):
Civil Division
Drug Enforcement Administration (DEA)
USAO - Colorado
USAO - Delaware
USAO - Florida, Middle
USAO - New York, Eastern
USAO - North Carolina, Eastern
Press Release Number:
20-1,386
https://www.justice.gov/opa/pr/department-justice-files-
nationwide-lawsuit-against-walmart-inc-controlled-substances-act
Prescription Opioids
In a civil complaint filed today, the Department of Justice has
alleged that Walmart Inc. unlawfully dispensed controlled
substances from pharmacies it operated across the country and
unlawfully distributed controlled substances to those pharmacies
throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in
hundreds of thousands of violations of the Controlled Substances
Act (CSA). The Justice Department seeks civil penalties, which
could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold
accountable those responsible for the prescription opioid
crisis. As one of the largest pharmacy chains and wholesale
drug distributors in the country, Walmart had the responsibility
and the means to help prevent the diversion of prescription
opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney
General of the Civil Division. “Instead, for years, it did the
opposite — filling thousands of invalid prescriptions at its
pharmacies and failing to report suspicious orders of opioids
and other drugs placed by those pharmacies. This unlawful
conduct contributed to the epidemic of opioid abuse throughout
the United States. Today’s filing represents an important step
in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility
to ensure controlled substances do not fall into the wrong
hands,” said Drug Enforcement Administration (DEA) Acting
Administrator Timothy Shea. “When processes to safeguard
against drug diversion are violated or ignored, or when
pharmacies routinely fill illegitimate prescriptions, we will
hold accountable anyone responsible, including Walmart. Too
many lives have been lost because of oversight failures and
those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s
Prescription Interdiction & Litigation (PIL) Task Force, the
complaint filed in the U.S. District Court for the District of
Delaware alleges that Walmart violated the CSA in multiple ways
as the operator of its pharmacies and wholesale drug
distribution centers. The complaint alleges that, as the
operator of its pharmacies, Walmart knowingly filled thousands
of controlled substance prescriptions that were not issued for
legitimate medical purposes or in the usual course of medical
practice, and that it filled prescriptions outside the ordinary
course of pharmacy practice. The complaint also alleges that,
as the operator of its distribution centers, which ceased
distributing controlled substances in 2018, Walmart received
hundreds of thousands of suspicious orders that it failed to
report as required to by the DEA. Together, the complaint
alleges, these actions helped to fuel the prescription opioid
crisis.
If Walmart is found liable for violating the CSA, it could face
civil penalties of up to $67,627 for each unlawful prescription
filled and $15,691 for each suspicious order not reported. The
court also may award injunctive relief to prevent Walmart from
committing further CSA violations.
“For years, Walmart failed to meet its obligations in
distributing and dispensing dangerous opioids and other drugs,”
said Deputy Assistant Attorney General Daniel J. Feith of the
Civil Division’s Consumer Protection Branch. “We look forward
to advancing this case with our DOJ partners.”
“The opioid crisis has exacted a catastrophic human toll upon
the residents of our district and upon our country,” said U.S.
Attorney for the Middle District of Florida Maria Chapa Lopez.
“National pharmacy chains must meet their legal obligations when
dispensing and distributing these powerful medications. The
filing of this complaint in collaboration with the Department of
Justice and other United States Attorneys’ Offices demonstrates
our firm commitment to enforcing these critical legal
requirements.”
“As a pharmacy that fills prescriptions for controlled
substances, Walmart has an obligation to fill only those
prescriptions that are legitimate,” said Acting U.S. Attorney
for the Eastern District of New York Seth D. DuCharme. “As a
wholesale drug distributor, Walmart also had an obligation to
notify DEA of suspicious orders of controlled substances.
Walmart failed to comply with both of its obligations, and
thereby failed in its responsibility to prevent the diversion of
controlled substances.”
“Today’s complaint is the culmination of a painstaking
investigation by my office and our Department of Justice
colleagues that uncovered years of unlawful conduct that did
untold damage to communities around the country, including here
in Colorado,” said U.S. Attorney for the District of Colorado
Jason R. Dunn. “We look forward to pursuing justice and holding
the company accountable for its conduct.”
“Opioid addiction and abuse have devastated communities across
our nation, and eastern North Carolina is no exception,” said
U.S. Attorney for the Eastern District of North Carolina Robert
Higdon Jr. “Walmart’s failures only made these problems worse.
For example, our office prosecuted a physician for illegal
opioid distribution. A jury convicted him just last year, and
he is currently serving a twenty-year prison sentence. As it
turns out, that physician expressly directed patients to Walmart
to have their opioid prescriptions filled. Walmart’s own
pharmacists reported concerns about the doctor up the corporate
chain, but for years, Walmart did nothing—except continue to
dispense thousands of opioid pills. My office will continue to
work with others in the Department to ensure that Walmart — and
all others who had a role to play in this ongoing opioid crisis
— are held responsible.”
“The misuse of prescription painkillers is a public health
crisis,” said U.S. Attorney for the District of Delaware David
C. Weiss. “DEA registrants must understand that licensure is a
privilege, not a right. Whenever that privilege is abused,
whether by the smallest local provider or the largest national
chain, our office and the Department of Justice will take all
necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United
States must prove if the case proceeds to trial.
The United States is represented in the filed action by
attorneys from the Department of Justice Civil Division’s
Consumer Protection Branch and from the U.S. Attorneys’ Offices
for the District of Colorado, District of Delaware, Eastern
District of North Carolina, Eastern District of New York, and
Middle District of Florida. The DEA’s Dallas Field Division and
Diversion Control Operations personnel investigated the case.
The DEA’s Office of Chief Counsel and the Criminal Division’s
Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and
its enforcement efforts may be found at
www.justice.gov/civil/consumer-protection-branch. For
information about the U.S. Attorneys’ Offices, visit: District
of Colorado, https://www.justice.gov/usao-co; District of
Delaware https://www.justice.gov/usao-de; Eastern District of
North Carolina https://www.justice.gov/usao-ednc; Eastern
District of New York https://www.justice.gov/usao-edny; Middle
District of Florida https://www.justice.gov/usao-mdfl.
Information about the DEA is available at www.dea.gov.
Attachment(s):
Download 2020.12.22 walmart complaint final
Topic(s):
Consumer Protection
Opioids
Component(s):
Civil Division
Drug Enforcement Administration (DEA)
USAO - Colorado
USAO - Delaware
USAO - Florida, Middle
USAO - New York, Eastern
USAO - North Carolina, Eastern
Press Release Number:
20-1,386
https://www.justice.gov/opa/pr/department-justice-files-
nationwide-lawsuit-against-walmart-inc-controlled-substances-act
Bill Flett
Dec 22, 2020, 9:39:05 PM12/22/20
to
On 12/22/2020 5:28 PM, Bradley K. Sherman lied:
> [lies]
No need to read past the lie in subject line, Fake Bradley, because there is no
"Joe Biden Department of Justice." Fuck off, asshole.
> [lies]
No need to read past the lie in subject line, Fake Bradley, because there is no
"Joe Biden Department of Justice." Fuck off, asshole.
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