Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
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Miami Herald - Thursday, July 24, 2003
The charges, which may result in 5- to 30-year sentences, reveal a cottage industry that has been prospering under the noses of law enforcement, and the arrests culminate an 18-month investigation started by the arrest of a man trying to steal medication from Jackson Memorial Hospital.
To address this kind of fraud, Gov. Jeb Bush signed a new law, effective July 1, that targets the lax regulation of pharmaceutical wholesalers and the ease with which they are licensed. The law also increases the penalty from a misdemeanor to a third-degree felony.
But the state should get even tougher. It should make prescription-drug counterfeiting a first-degree felony carrying manslaughter charges. The crime goes beyond fraud, conspiracy and racketeering because victims are subjected to undue pain and suffering and could end up dead.
State officials have yet to report any deaths connected with this scheme, but cancer patients who rely on lifesaving chemotherapeutic agents and are instead given an intravenous mix of water and chalk are at risk, to say the least. Criminals who engage in this practice -- 100 are under investigation and more arrests are expected soon -- need the fear of life in prison as a deterrent.
These drugs weren't sold in alleyways or on street corners, but were distributed to hospitals and reputable pharmacies such as Walgreen's and Eckerd, undermining the companies' goodwill and patients' trust and well-being.
Although the drugs weren't illicit, the perpetrators were experienced pushers. Several of the 19 people indicted are former drug dealers. According to the Florida Department of Law Enforcement, the dealers allegedly made the switch because of the stiff penalties associated with narcotics trafficking. They join a prescription-drug business that has enjoyed years of growth across the state and nation, investigators said.
The new law also tightens licensing guidelines by mandating employee-background checks, asking detailed company information and submitting companies to audits. The U.S. Food and Drug Administration recently announced it was investigating the problem.
The agency should lead the way by creating tough national standards and penalties.
In addition, states without strict guidelines should increase government regulation and oversight to prevent these entrepreneurs from moving their operations to ''friendlier'' states where laws haven't caught up with these crimes.
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