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Joel Smithers, Drug Distribution, Virginia 2024

In a shocking turn of events, a Martinsville-based doctor has been found guilty of multiple drug charges. Joel Smithers, a 42-year-old physician, was convicted of one count of maintaining a place for the purpose of illegally distributing controlled substances and 466 counts of illegally prescribing Schedule II controlled substances.

The trial, which lasted for three weeks, concluded last week in U.S. District Court in Abingdon. The jury delivered a guilty verdict after 16 hours of deliberation.

According to Acting United States Attorney Zachary T. Lee, Smithers betrayed the trust placed in him by his patients, community, and the medical profession as a whole. ‘Patients trust doctors to make decisions based on their healthcare needs, not a perversion of their own greed,’ Lee said.

The evidence presented at trial revealed that Smithers opened an office in Martinsville in August 2015 and prescribed controlled substances to every patient in his practice. This resulted in over 500,000 Schedule II controlled substances being distributed, including oxymorphone, oxycodone, hydromorphone, and fentanyl.

A majority of those receiving prescriptions from Smithers traveled hundreds of miles, one-way, to receive the drugs. Smithers did not accept insurance and took in over $700,000 in cash and credit card payments prior to a search warrant being executed at his office on March 7, 2017.

Smithers has remained in custody since his original conviction in 2019, when he was previously convicted of the same charges. However, after his conviction, the United States Supreme Court changed the law concerning jury instructions in cases involving illegal distribution of controlled substances by healthcare providers. A new trial was ordered.

Smithers faces a maximum sentence of imprisonment for a term of 20 years and a fine of $1,000,000 for each distribution count. The conviction for maintaining a place for the illegal distribution of controlled substances carries a maximum sentence of imprisonment for a term of 20 years and a fine of $500,000.

Sentencing is scheduled for March 3, 2025, at 10:00 a.m. in Abingdon. The case was investigated by the Roanoke offices of the Drug Enforcement Administration’s Tactical Diversion Squad and the Health and Human Services – Office of Inspector General.

Acting DEA Special Agent Shane Todd said, ‘Physicians have critical roles in addressing the opioid epidemic and ensuring appropriate care for patients with pain and other illness.’ He added that healthcare providers have a vital responsibility when it comes to properly prescribing and dispensing medications and must be vigilant to prevent diversion.

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