Hogan's Pharmacy owners found guilty in internet pill mill scheme
November 2, 2009 -- Attorney General Steve Six announced today that Jolane and Mark Poindexter, owners of Hogan’s Pharmacy in Lyons, Kansas, pled no contest and were found guilty for their part in an internet pill mill scheme. Rick Kloxin, Hogan’s pharmacist, was found guilty in May 2009 for his role. Between the owners and pharmacist, each of the 17 counts originally charged was pled to by one of the participants.
Hogan's Pharmacy in Lyons, Kansas, was shut down in March 2008 by special agents from the Attorney General’s Office following reports of illegal and unethical behavior stemming from an Internet pharmacy scheme.
"Kansas pharmacists play an important role in protecting the health and well-being of Kansans," Six said. "It is absolutely critical that we hold pharmacies accountable for violations like those found in Hogan's Pharmacy."
After an investigation, both the owners, Jolane and Mark Poindexter, and the pharmacist, Rick Kloxin, were charged in August 2008 with one count Computer Crime, one count Conspiracy to Commit Computer Crime, one count Commercial Bribery, seven counts of violations of the Pharmacy Act of Kansas, and seven counts of violations of the Kansas Food, Drug, and Cosmetic Act.
The Poindexters and Kloxin distributed prescription-only drugs to people throughout the United States based upon questionnaires customers completed via the Internet. The Poindexters and their pharmacist violated Kansas law by shipping the drugs without valid prescriptions and by not offering counseling to people who purchased the drugs. The Poindexters also offered and Kloxin accepted compensation for violating a duty owed to people the drugs were shipped to.
Jolane Poindexter was found guilty today of one count Computer Crime (level 8 non-person felony), one count Conspiracy to Commit Computer Crime (level 10 non-person felony) and Commercial Bribery (level 8 non-person felony). The possible sentence for a level 10 felony is between 5 and 13 months. The possible sentence for the level 8 felony is between 7 and 23 months.
Mark Pointdexter was found guilty of six unclassified misdemeanors. Four of those misdemeanors were for violating the Pharmacy Act of Kansas and have a possible sentence of 30 days jail and up to a $500 fine. And two of those misdemeanors are for violating the Kansas Food, Drug and Cosmetic Act and have a possible sentence of 60 days jail and up to a $300 fine.
Kloxin pled no contest and was found guilty in May 2009 of 14 misdemeanor counts of violating Kansas Pharmacy laws.
"The internet can be a useful tool, but it can also be dangerous when used to break the law," Six said. "My office is fighting illegal activity involving the internet, like this internet pill mill scheme."
Sentencing will be scheduled at a later date.
