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Doctor gets 40 years for illegal, cash-only opioid prescription racket

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If you wanted a doctor’s prescription for fentanyl, oxymorphone, oxycodone or hydromorphone, there was one doctor’s office in Virginia that would give it to you, provided you paid in cash.

The Martinsville doctor prescribed the controlled substances to every patient in his practice, according to court records, further fueling an opioid crisis in the U.S.

On Tuesday, Joel Smithers, 42, was sentenced to four decades in prison.

Smithers was found guilty 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 three-week jury trial concluded in December; sentencing was on Sept. 2.

The state attorney general characterized Smithers as a “drug dealer with a prescription pad.”

According to court records, Smithers opened an office in Martinsville in 2015 and prescribed controlled substances to every patient in his practice resulting in more than 500,000 Schedule II controlled substance prescriptions. The drugs included 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 more than $700,000 in cash and credit card payments prior to a search warrant being executed at his office on March 7, 2017.


ICYMI


In 2019, Smithers DEA registration number was revoked.

Smithers was previously convicted in 2019 of these charges. However, after his conviction, the U.S. Supreme Court changed the law concerning jury instructions in cases involving illegal distribution of controlled substances by healthcare providers.  Therefore, a new trial was ordered.

“This defendant’s actions betrayed his oath to his patients, his community and the healthcare system at large,” said Robert N. Tracci, acting U.S. attorney. “Today’s sentence reflects the seriousness of these crimes, and the destruction wrought by the opioid epidemic in our communities.”




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Crystal Graham

Crystal Graham

A 1999 graduate of Virginia Tech, Crystal Graham has worked for 25 years as a reporter and editor for several Virginia publications, written a book, and garnered more than a dozen Virginia Press Association awards for writing and graphic design. She was the co-host of "Viewpoints," a weekly TV news show, and co-host of "Virginia Tonight," a nightly TV news show, both broadcast on PBS. Her work on "Virginia Tonight" earned her a national Telly award for excellence in television. You can reach her at [email protected]

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