We have written in this space about people in the Chicago area who faced federal drug trafficking charges. Those allegations typically revolve around illegal drugs such as heroin, cocaine and methamphetamine. It is rare to see drug-related charges against a businessman who sold legal drugs from a pharmacy.
But that was the case with Paul J. Elmer, the former owner and CEO of Pharmakon Pharmaceuticals. He was recently convicted by a jury of distributing “over- and under-potent drugs to military and civilian hospitals” in Chicago, Indiana and elsewhere, the Department of Justice stated. He was convicted of conspiracy to defraud the FDA (Food and Drug Administration) and of distributing adulterating drugs.
Elmer’s Indiana compound pharmacy was in Fisher, about three hours southeast of Chicago.
Prosecutors told the jury that “Pharmakon routinely shipped compounded drugs at Elmer’s direction to customers without having received laboratory test results that verified the drugs were the strength they were supposed to be.”
According to evidence at the trial, Pharmakon distributed morphine sulfate at a potency 24 times more powerful than desired, which resulted in narcotics overdoses to the patients it was to be used on: infants.
Elmer faces the potential of serving years in a federal prison, as well as a fine of up to $100,000.
Those who face federal felonies should decline to speak to a prosecutor or investigator until they have spoken with an attorney experienced in vigorously, effectively representing clients facing white collar charges, drug trafficking allegations and health care fraud charges. Discuss your legal options by contacting the law offices of Darryl A. Goldberg.