A former Santa Fe pharmacist has been held accountable for his role in a healthcare scam.
David Nunez, a licensed pharmacist and the owner of a pharmacy in Santa Fe, pleaded guilty to the misdemeanor offense of dispensing a controlled substance, testosterone, without a prescription. The offense occurred in May 2011, when Nunez leased space in his pharmacy to another person with the understanding that the lessee would use the space to compound bio-identical hormone replacement creams for distribution by the lessee’s own company.
Nunez agreed to supervise the lessee’s compounding operations and permitted the lessee to use his DEA registration number to order testosterone, a controlled substance, for use in the lessee’s compounding operation. However, Nunez provided the testosterone to the lessee even though he did not process any specific prescriptions for any patients for the testosterone and was not aware of any specific prescriptions for the medication.
The New Mexico Board of Pharmacy suspended Nunez’s pharmacist license in June 2015 as the result of a separate investigation, and he subsequently sold his pharmacy.
Immediately following the entry of the guilty plea, a U.S. Magistrate Judge sentenced Nunez to a three-year term of probation, during which he may not re-apply for a pharmacist license or a DEA registration to dispense controlled substances. Nunez was also ordered to perform 100 hours of community service during his probationary term.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Food and Drug Administration, and the New Mexico Board of Pharmacy. The case was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
Nunez was charged in November 2015, in a criminal complaint with unlawfully dispensing testosterone without a prescription, possession of a controlled substance (testosterone) with intent to distribute, and conspiracy.
Defendant: David Nunez
Crime: Dispensing a controlled substance (testosterone) without a prescription
City and State: Santa Fe, New Mexico
Exact Date: May 2011 (crime date), November 2015 (charge date)
Sentence: 3 years of probation, 100 hours of community service
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Key Facts
- State: New Mexico
- Category: Drug Trafficking|Healthcare Fraud
- Source: DOJ Press Release â†â€â€
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