FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 5/28/2015 5:31:35 Broward County Sheriff's Office Booking Report I 5%2187'70 CIS 501502515 BCCN 853142 Bookrng Sheet Control Date and "lime OBTS 607204649 Clearance 5/28/20151422644 PrInts Yes 05/ 23/ 15 16:15:52 Arrest BS 1502515 Offense Report Agency BS Last Name SSN FIrst AVERILL LYNN Middle Race Sex Height WeIght Eyes Hair Comp Age AdmItted DOB Place of mm State FDLE WHITE 504 145 BRO BRO LGT 64 11/17/1950 7553497 Permanent Months of Resrdence Address 4600 3 OCEAN BLVD #301 HIGHLAND BCH FL 33487 0 Arrest Date 5/28/2015 09 00 00 Arresting Of?cer WILSON Place of Arrest PALM BCH CO Badge Number 3394 Inmate Logged Date 5/28/2015 11 04:05 Inmate Log Type Place MAIN intake 8075 29/13798 Last name. First, Warrants Of?cer Id. b516194 Scars.Marks.Tattoos Release Date/TIme Release Reason Release AuthorIzed By Charge No. Charge Initiation Date Statute Warrant/Capias Level M.C B.Type Bond Amount 1 05/28/2015 15 35 895 03 150199AF10 1F BOND 150000 Charges RACKETEERING VIOLATION Comments Booking Off. ID bs12228 County BROWARD Judge SCHERER Charge No. Charge Initiation Date Statute Warrant/capias Level M.C B.Type Bond Amount 2 05/28/2015 15 36 895 03 150199AF10 1F BOND 150000 Charges RACKETEERING VIOLATION - Comments Booking Off. ID bs12228 County BROWARD Judge SCHERER Charge No. Charge Initiation Date Statute Warrant/Capias Level M.C B.Type Bond Amount 3 05/28/2015 15 37 782 07-1 150199AF10 2F BOND 150000 Charges MANSLAUGHTER OTHER THAN BY VEHICLE Comments Booking Off. ID bs12228 County BROWARD Judge SCHERER Charge No. Charge Initiation Date Statute Warrant/Capias Level M.C B.Type Bond Amount 4 0512812015 15 37 782 07?1 150199AF 10 2F BOND 150000 Charges MANSLAUGHTER - OTHER THAN BY VEHICLE Comments Booking Off. ID bs12228 County BROWARD Judge SCHERER Charge No. Charge Initiation Date Statute Warrant/Capias Level M.C B.Type Bond Amount 5 05/28/2015 15 37 782 07-1 150199AF10 2F BOND 150000 Charges MANSLAUGHTER OTHER THAN BY VEHICLE Comments Booking Off. ID 5512228 County BROWARD Judge SCHERER SHORT ARREST INFORMATION FORM RACE SEX AGE TIME ARREST NUMBER LAST NAME Fl ST NAME MIDDLE NAME A 41 EM LL 40/? CASE NUMBER DATE 0 BIRTH ADDRESS I I I ?7 I60 CDDATE OF ARREST PLACE OF ARREST u) 5-2.8 ?5 Palm 59/: CD, AEESTING EPUTYWERIAGEQT 535] AGENCY DIVISION CHEQW CAPIASIWARRAN BOND SURR. OTHER APPLICABLE BOXES COUNT OFFENSES CHARGED BOND NUMBER AMOUNT 1. macaw 5? do?? mm? km?m?? ?759/794on 59000-60 I0 I59, 400. coed: 7 COMMENTS: RELEASE INFORMATION: DATE: RELEASE REASON: TIME: av . 550 aaeg/ AR ESTI DEPUTY I OFFICER I AGENT SIGNATURE 53233149?): Original Copy (Court) Yellow Copy (State Attorney) Blue COpy (Fingerprints) eso (Revised 02/08) ?lm/23016 37??)de Pink Copy (Arresting Of?cer) .MAY-ZB-ZDIB 16:28 P.001 BSO - Warrants/Extradition Division Con?rmation Report PrintDatc. May 28, 2015 Con?rmation Information: Continuation Number: WG-201507783 Dan: Issued: 05/28/2015 By: {3516194 Issued 'l?o Name/0:2: Status: Assigned Nolcs: IN CUSTODY FROM PALM BEACH Gas: Number: 150199AF10-000 Name: LYNN Capias Date: 2015/05/26 Origin: BC DOB: 1 1/17/1950 RaceJGender: WF Page I of P.002 16:28 . . AVERILL, LYNN wr ll 1730 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: STATE or FLORIDA Plaintiff, JUDGE: . add/W VS- OSP NO.: 2013-0305-FLL LYNN E. AVERILL, (A) Defendant. ARREST WARRANT IN THE NAME OF THE STATE OF FLORIDA, TO THE COMMISSIONER OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, AND HIS DULY CONSTITUTED SPECIAL AGENTS, TO ALL AND SINGULAR SHERIFF OF THIS STATE, AND THEIR DULY CON STITUTED DEPUTIES, TO ALL AND SINGULAR CHIEFS OF POLICE OF THIS STATE, AND THEIR DULY CONSTITUTED OFFICERS, AND TO THE ADMINISTRATOR OF THE U.S. DRUG ENFORCEMENT ADMINISTRATION OR ANY OF HIS APPOINTED OFFICERS. SPECIAL AGENTS, TASK FORCE OFFICERS AND DETECTIVES: The Court ?nds that there is probable cause to believe, based on the attached A?idavit of Special Agent Jeffrey Hirnes, Investigator Victoria MeRae and Detective William Schwartz, that the Defendant LYNN E. AVERILL, has committed in Broward County, Florida and other counties as stated in the Probable Cause Af?davit, the crimes of: Racketeering, RS. 895.030); Conspiracy to Commit Racketeering. F.S. Manslaughter, F.S. 782.070) and against the peace and dignity of the State of Florida. You are hereby commanded to arrest: 33? Z: LYNN E. AVERTLL (A) :3 a. Race: White ?3 3: -. -. b. Sex: Female- ?an U, c. DOB: 11/17/1950? ?0 5:1? '2 "3 3348.? ca II a d. SSN: c. LKA (Last Known Address): 4600 S. Ocean #301. Highland Beach, f. Florida DL: A-164-525-50-917-0 g. Height: 5'04" and bring her before the Court to answer a complaint brought by the Statewide Prosecutor charging her with the crimes listed below. COUNT l: Racketecring, .8. 895.036), 1? Felony Page I of 2 ..J Arrest Warrant re LYNN E. AVERILL COUNT 2: Conspiraqr to Commit Racketeering, .S. 1" Felony COUNT 3: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 4: Manslaughter, F.S. 782.07(1) and 777.011, 2? Felony COUNT 5: Manslaughter, .8. 782.070) and 777.011, 2? FeIOny COUNT 6: Manslaughter, .5. 782.070) and 777.011, 2? Felony COUNT 7: Manslaughter, ES. 782.070) and 777.011, 2? Felony COUNT 8: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 9: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 10: Manslaughter, F.S. 782.07(l) and 777.011, 2? alany WITNESS my hand and seal Lhis XQ day of Mtg/12y- 2015, at Broward County, Florida. Return date on this warrant to be not later than day of 20 . HONO - BLE JUDICIAL . CIRCUIT COURT JUDGE Received this Warrant the day of 2015, and executed arresting the above-named defendant, LYNN E. AVERILL, and having her now before the Court. Arresting Of?cer Judge?s Initials Page 2 of 2 MAY-ZB-ZOIS 16 :28 moose IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA P.004 STATE OF FLORIDA CASE NO.: Plaintiff, JUDGE: vs. OSP NO.: LYNN E. AVERILL, (A) Defendant. ORDER SETTING BOND 2013-0305-FLL The bail shall be set in the amounts listed below. Bail may only be modi?ed by the trial judge to whom this case is assigned or the Chief Judge of the Circuit Court upon the condmons set forth herein. Raeketeering 1? F.S. 395.030) COUNT 2: Canspiracy to Commit 1? Felony. F.S. 895.03(4) COUNT 3: Manslaughter 2? Felony, RS. 777.011 COUNT 4: Manslaughter 2? F'cIOny. RS. 782.070) and 777.011 COUNT S: Manslaughter 2? Felony. RS. 732.070 and 777.011 COUNT 6: Manslaughter 2? Felony, RS. 777.011 COUNT 7: Manslaughter 2? Felony. F.S. 782.070) and 777.011 COUNT 3: Manslaughter 2? Felony, F.S. 732.070) and 777.01 1 COUNT 9: Manslaughter 2? Felony. F.S. 777.011 COUNT 10: Manslaughter 2? Felony, RS. 732.070) and 777-0] 1 20151110111; 11012111 Bond Bond$ 0,0109?ng Bond 5 090.9 0 Bonds [5271 ?0?00 Bond #59, ?0.1949 Bond 5 50. 7271). Buds/2,144. Bond Bonds Bond$ 3 $5 \133 \C??hm IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA STATE OF FLORIDA CASE NO.: Plaintiff, JUDGE: VS. OSP NO.: 2013-0305 LL LYNN E. AVERILL, (A) - Defendant. MY 1 m6. 1 ORDER SETTING BOND The bail shall be set in the amounts listed below. Bail may only be modi?ed by the trial judge to whom th1s case is assigned or the Chief Judge of the Circuit Court upon the conditions set forth herein. ?0 COUNT l: Raeketeering Bond SM 1? Felony, F.S. 895.030) ?0 0 COUNT 2: Conspiracy to Commit Raeketeering Bond 090 1? Felony, S. 895 03(4) 0 .COUNT 3: Manslaughter Bond 2? Felony, F.S. 782.070) and 777.011 .00 COUNT 4: Manslaughter Bond 5&1 m0 2? Felony, F.S 777.011 /5 . - 9 COUNT 5: Manslaughter Bond a $00 2? Felony, F.S. 782 07(1) and 777.011 rp/o COUNT 6: Manslaughter . Bond 3? [.5104 0 pp! 2? Felony, F.S. 782.07(1) and 777.011 00 COUNT 7: Manslaughter Bond 2? Felony, 782 07(1) and 777.011 COUNT 8: Manslaughter Bond 20% 2? Felony, S. 782 07(1)and 777 011 COUNT 9: Manslaughter Bond 31 /50/ 2? Felony, F.S 732 07(1)and 777011 COUNT 10: Manslaughter Bond 2? Felony. (- 3. 782.07( 1) and 777011 115 Iva/?fol? SPECIAL BOND CONDITIONS Bond Order re LYNN AVERILL l. Bail may only be modi?ed by the trial judge to whom this case is assigned or the Chief Judge of the Circuit Court and upon proof that the funds for bond are not tainted by illegal activity. See United States v. Nebbia, 357 F.2d 303 (2nd Cir. 1986), PS. Winer Spears, 771 So.2d 621 (Fla 3'd DCA 2000). 2. Prior to the Defendant?s release, the Defendant must ful?ll a Nebbia requirement wherein the Defendant will submit for the State?s review documentation showing proof that the bond is fully collateralized and the legality of the funds used for both the bond premium and bond collateral. The State or Defendant has the right to object and request a further hearing as to the sufficiency of collateral and legality of the funds. 3. The Defendant shall secure her release pursuant to a surety bond that is fully collateralized; net asset value of the collateral must be in an amount equal to or in excess of bond amounts 4. Any property used to collateralize the bond shall not be further encumbered or liquidated by the Defendant or owner during the pendency of the bond. 5 Only after the Court?s subsequent review and issuance of an Order approving the suf?ciency of the collateral. will the Defendant then be eligible for release upon the posting of the said bond 6. The Surety shall provide to the State an updated title search within ten (10) days of the Defendant?s release re?ecting the Surety?s recorded mortgages on the properties utilized for bond collateral 7. The Defendant will be monitored by Pretrial Services. 8. The Defendant will not possess any firearms. 9. The Defendant shall not have any direct or indirect involvement with pain clinics. 10. The Defendant shall surrender her passport and travel documents to the Broward County Clerk prior to her release. The Defendant?s surrendered passport and travel documents shall remain in the custody of the Broward County Clerk and the Defendant shall not reapply for any passport and travel documents. Given under my hand and seal lillS of WW 2015, in Fort Lauderdale, Broward County, Flogda. COURT JUDGE Page 2 of2 63qu IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA AFFIDAVIT IN SUPPORT OF ARREST WARRANTS STATE OF COUNTY OF PROBABLE CAUSE AFFIDAVIT SUPPORTING THE ARREST WARRAN TS OF: 1. E. AVERILL a. wwogpc Race: White Sex: Female DOB: 11/17/1950 SSN: LKA (Last Known Address): 1617 S. Federal Highway #117, Pompano, FL Florida DL: A-164-525-50-917-0 Height: 5?04? 2. Richard Thomas PHILIPOF Race: White Sex: Male DOB: 07/29/1981 SSN: LKA: 4305 Chamberlin Court, Saint Cloud, FL 34772 Florida DL: P-41 1-758-81-269-0 Height: 6?00? 3. Nikhil S. BHASIN wwsasgs Race: African-American Sex: Male DOB: 12/25/1986 SSN: LKA: 2 White Buck Run, Warren, New Jersey 07059 Florida DL: B-250-620-86-465-0 Height: 5?08? 4. Diana Agril PHILIPOFF Race: White Sex: Female DOB: 04/06/1983 SSN: LKA: 2760 Street, Melbourne, FL 32904 Florida DL: Height: 5?02? Page 1 of 36 5. Calvin Mvers BYNUM manger? Race: White Sex: Male DOB: 09/27/1990 SSN: LKA: 8620 Mill Hopper Road, Gainesville, FL 32653 Florida DL: B-550-1 13-90-347-0 Height: 5?10? 6. Omar LORDEN Race: Latino Sex: Male DOB: 12/20/1964 SSN: LKA: 106 Pine Tree Lane, Altamonte, Florida 32714 Florida DL: Height: 6?01? 7. Keith F. PETNEL enhance Race: White Sex: Male DOB: 12/19/1985 SSN: LKA: 3937 Saint Armens Circle, Melbourne, Florida 32934 Florida DL: P-354-506-85-459-0 Height: 5?11? 8. Presmil Julian MASSON Jr. message Race: African-American Sex: Male DOB: 6/11/1970 SSN: LKA: 2874 Eastham Lane, Kissimmee, Florida 34741 Florida DL: M-250-670-70-21 1-0 Height: 5?09? II. INTRODUCTION OF YOUR AFFIANTS a. Your ?rst Af?ant, Drug Enforcement Administration (DEA) Special Agent Jeffrey Himes is currently assigned to the Drug Enforcement Administration (DEA) Miami F1eld Division, Tactical Diversion Squad. Af?ant Agent Himes has twenty-six (26) years of combined law enforcement and investigative experience; ten years with the Houston (Texas) Police Department and sixteen years with DEA. Af?ant Himes has conducted numerous federal, state and international narcotics investigation in the State of Texas, New Mexico, Florida and Afghanistan. Page 2 of 36 In March 1999, Af?ant Himes attended basic training at the DEA Academy in Quantico, Virginia and has received additional training throughout his career. Af?ant Himes has received training relating to the investigation of the diversion of controlled substances and has also participated in several separate investigations involving pain clinics involved in criminal activities. Your Af?ant received his Bachelor?s degree in Criminal Justice from Texas State University in 1987. Af?ant Himes is responsible for enforcing federal violations of the Controlled Substance Act, more speci?cally Title 21 of the United States Code. Af?ant Himes has participated in this investigation and personally interviewed many of those whose information is set forth herein, and/or reviewed documents related to this invest1 gation. Your second Af?ant, Detective William Schwartz, is a duly appointed Deputy Sheriff with the Broward County Sheriff Of?ce and has served in such a capacity since August 2000. Prior to that date Af?ant Schwartz was a sworn law enforcement of?cer with the State of Florida since August of 1995 working with the City of Belle Glade in Palm Beach County and the City of Oakland Park in Broward County. Detective Schwartz is currently assigned to the Strategic Investigation Division, Broward County Major Drug Task Force, of the Broward County Sheriff?s Of?ce. From May 2005 to May 2014, Detective Schwartz was assigned as a DEA Task Force Of?cer with the Tactical Diversion Squad. In this capacity, Af?ant Schwartz investigated the diversion of narcotics, controlled and prescription medications, ?pill? dealers, pharmacies, physicians, and their employees. Af?ant Schwartz has successfully completed over three hundred hours of instruction in the area of drug identi?cation, investigation and the diversion of pharmaceutical drugs and has since become an instructor in the ?eld. During the noted time frame, Detective Schwartz has conducted numerous undercover buys, made numerous narcotic related arrests both state and federal. Your third Af?ant, Victoria McRae is currently assigned as a Diversion Investigator to the DEA Tactical Diversion Squad. Af?ant McRae has twenty-six (26) years of investigative experience with the DEA. Af?ant McRae?s duties include the monitoring of the pharmaceutical industry and attempting to prevent the diversion of legitimately produced controlled substances into the illicit market. Af?ant McRae has conducted numerous federal and state criminal, civil, and administrative investigations regarding the diversion of controlled substances. Af?ant McRae has received specialized training throughout her career relating to the diversion of controlled substances, including investigations of physicians, pharmacies, the Internet, and pain clinics. In October 1988, Af?ant McRae attended basic training at the DEA Academy in Quantico, Virginia. Af?ant McRae has also trained colleagues, state and local law enforcement of?cers on how to conduct investigations of pain clinics at the DEA Academy in Quantico, Virginia. Your Af?ant received her Bachelor?s degree in Sociology/Criminal Justice from Hampton University in 1986. Page 3 of 36 h. Af?ant McRae is responsible for enforcing federal violations of the Controlled Substances Act, speci?cally Title 21, United States Code. Af?ant McRae has participated in this investigation and/or reviewed documents related to this investigation. BASIS OF INFORMATION a. Your Af?ants make this Af?davit based upon personal knowledge derived from their personal participation in this investigation and other law enforcement of?cers that your Af?ant?s believe to be reliable from the following sources: i. Your Af?ants? experience investigating drug distribution organizations, money laundering, and racketeering offenses; ii. Oral and written reports, documenting this investigation that your Af?ants have received from agents of the DEA, and other state and local law enforcement agencies; Discussions your Af?ants personally had concerning this investigation with experienced drug enforcement, local law enforcement, and other Diversion Investigators; iv. Interviews with former employees of the pain clinic; v. Documents that were reviewed include; public records, including death certi?cates, public access websites, subpoenaed or court ordered records, including but not limited to bank records, vehicle records, pharmacy records; and, vi. The review of documents pertaining to undercover operations conducted at REAL CARE MEDICAL GROUP (hereafter referred to as RCMG), in Plantation, Florida. vii. The review of documents seized pursuant a search warrant issued by the Honorable Robin S. Rosenbaum, United States Magistrate for the Southern District of Florida and executed at the premises of RCMG located at 660 N. State Road 7, Plantation, FL on September 28, 2010. b. Except as otherwise noted, the information set forth in this Af?davit has been provided to your Af?ant Himes, directly or indirectly from the Florida Department of Health, and other investigators of the DEA. Unless otherwise noted, wherever in this Af?davit your Af?ant asserts that a statement was made, the information was provided by another law enforcement of?cer (who may have had either direct or hearsay knowledge of the statement) to whom your Af?ant has spoken or whose report your Af?ant has read and reviewed. Citizen witnesses were interviewed and their statements are included in this Af?davit. 0. Similarly, information resulting from surveillance, except where otherwise indicated, does not set forth your Af?ant Himes personal observations. Information resulting from surveillance, except where otherwise indicated has been provided directly or indirectly by other law enforcement of?cers who conducted such surveillance or tape recording made by them contemporaneously with the surveillance and/or undercover buys. Any and all conclusion drawn and/or opinions rendered are based on the totality of the facts and circumstances as your Af?ant knows them and in light of your Af?ant?s training and experience. TECHNICAL TERMS Page 4 of 36 SQRWO As a preliminary matter, the following terms may be discussed in this Af?davit. Based on my training and experience, your af?ant uses the following terms to convey the following meanings: ?Controlled substances? are a subset of drugs that carry a risk of abuse or misuse. There are ?ve levels, or schedules, of controlled substances. Schedule I drugs, such as heroin, are drugs with no accepted medical use in treatment. Schedule I drugs have the highest level of abuse or misuse. Schedule drugs, such as oxycodone, have a recognized medical use but their use is severely restricted in the United States. Schedule drugs also have a high level of abuse or misuse, so their use must be closely supervised. Schedule and IV drugs have fewer controls than Schedule I or 11. However, use of Schedule and IV drugs must also be properly supervised, particularly when prescribed in a ?cocktail? and used in combination with Schedule II drugs. Schedule drugs have less potential for abuse than Schedule IV drugs. ?Oxycodone? (also known by its brand names, Roxicodone? and OxyContin?) is a strong narcotic pain- reliever similar to morphine, codeine, and hydrocodone. Oxycodone is a potent and addictive opioid that is classi?ed as a Schedule II drug under the Controlled Substances Act. See 21 U.S.C. 812 (2000); 21 CPR. (2004). Oxycodone is mixed with acetaminophen in forms commonly referred to as Percocet?, Roxicet? and Tylox?, and aspirin in forms commonly referred to as Percodan?. It is also available without acetaminophen or aspirin in stronger forms such as oxycodone 15 milligrams and oxycodone 30mg. It also comes in a continuous release form known as OxyContin?. Street names for Oxycodone include ?Oxys,? ?Roxis,? ?thirties? or ?blues? (referring to 30mg pills), and ??fteens? or ?greens? (referring to 15mg pills). ?Alprazolam? (commonly known by its brand name Xanax?) is a benzodiazepine, which is often used to treat anxiety disorders or panic attacks. It is classi?ed as a Schedule IV drug under the CSA. Xanax? comes in .25mg, .Smg, 1mg, 2mg, and 3mg tablets. Street name for Xanax includes ?totem poles?. ?Magnetic Resonance Imaging? or is a technique that uses a magnetic ?eld and radio waves to create detailed images of the organs and tissues within the body. IV. BACKGROUND INF OF INVESTIGATION a. On September 9, 2009, RCMG was incorporated with the State of Florida with the physical address being at 660 State Road 7, Suite 1, Plantation, Broward County, Florida 33317. b. On or about January 2010, Special Agents with the Drug Enforcement Administration (DEA) initiated an investigation into ?pain clinics? operating throughout South Florida for unlawful distribution of oxycodone and other controlled substances. Your Af?ant learned from other law enforcement of?cers that although some of the pain clinic patients are from Florida, many travel to South Florida from other states, including Kentucky, Tennessee, Ohio and South Carolina to obtain prescribed controlled substances. The patients then return to their home states where the oxycodone pills were personally consumed or sold on the streets at a high pro?t. For example a 30 milligram (mg) oxycodone pill can be obtained from a pharmacy in South Florida for approximately $1.00 - $5.00 per pill and sold in Tennessee for approximately $30 a pill. Page 5 of 36 C. \?imOxO?d 0 It has been determined that patients seek out pain clinics that are known to prescribe large quantities of pain medication without legitimate medical purpose, with no or limited medical examination. Law enforcement also learned that individuals known as ?sponsors? would form a relationship with one or more clinics and sponsor other individuals at these clinics who would see a doctor and receive prescriptions for oxycodone for resale. These patients would then turn over the oxycodone scripts or the actual substances ?lled from the prescription to their sponsor in exchange for a nominal sum of money and/or receive a few pills for their personal consumption. Sponsors often recruit individuals from outside the State of Florida who would drive great distances to clinics to receive large quantities of oxycodone before returning to their state and/or sponsor. These pain clinics, also known in street terms as ?pill mills,? operate a cash only business and do not accept private insurance, Medicare, Medicaid or credit cards. Many of the patients pay $150 - $250 (in cash) for a doctor?s visit and an additional $300 - $1,300 (in cash) for prescriptions ?lled at the clinic?s own in-house pharmacy. This investigation as to RCMG con?rmed these amounts and method of payment. REAL CARE MEDICAL GROUP - DR. LYNN AVERILL As it relates to RCMG, speci?c information was provided to law enforcement that the doctor at RCMG, Dr. AVERILL, was prescribing signi?cant quantities of oxycodone and methadone (controlled substances) without medical necessity. A review of the Automation of Reports and Consolidated Orders System (ARCOS) between the dates of January 7, 2010 to July 31, 2010, established that Dr. AVERILL purchased 271,980 oxycodone 30mg; 163,900 15mg; 2,000 oxycodone 10mg for a total of 437,880 pills. Between the same dates the average amounts of oxycodone (30mg, 15mg and 10mg) purchased by 533 practitioners in the State of Florida was 76,761 pills and the national average of 1,969 practitioners was 23,659 pills. Based on an ARCOS analysis, from January 7 through July 31, 2010, Dr. AVERHL purchased 437,880 units of oxycodone, rendering her the 25?? of the top 100 practitioners in the United States and ranked 12111 in the State of Florida. By way of comparison for the same time frame, an analysis of four practitioners located in the 33317 zip code in which RCMG was located purchased a collective total of 180,490 of oxycodone. In furtherance of the DEA investigation, between the dates of March 3 and May 6, 2010, DEA Special Agents (SA) visited RCMG in undercover capacities in an effort to obtain controlled substances from Dr. AVERILL. During this time frame, a total of ?ve visits were successfully completed by undercover DEA Agents who obtained prescriptions from Dr. AVERILL for or the actual controlled substances from the RCMG dispensary (clinic?s in- house pharmacy) for a total of 720 oxycodone 30mg tablets, 420 oxycodone 15mg tablets, and three 30ml bottles of liquid oxycodone 20mg/m1, 330 alprazolam 2mg tablets, and 30 Percocet tablets. See attached Exhibit 1 showing the amounts of oxycodone purchased by Dr. AVERILL and received at RCMG. Between January to June 2010, AVERILL ordered 445,780, the Florida average was 77,195 and US average was 23,494, attached hereto as Exhibit 1. Page 6 of 36 i. On September 28, 2010, DEA agents executed a federal search warrant at the of?ces of RCMG located at 660 State Road 7, Suite 1, Plantation, Broward County, Florida 33317. At this time agents seized patient ?les, business documents and computers. J. On March 11, 2011, a federal search warrant was executed at the current place of employment for Dr. AVERILL, Biscayne Wellness Center of South Florida, located at 1380 NE. Miami Gardens Drive, North Miami Beach, Florida 33179. DEA Diversion Supervisor Gayle Lane presented Dr. AVERILL with an Order to Show Cause and Immediate Suspension Order dated March 9, 2011 and signed by the DEA Administrator Michele Leonhart. Dr. AVERILL was advised that her DEA Number FA1217834 was being immediately suspended. The Investigators explained that her DEA certi?cates, unused order forms, and controlled substances would be removed from the clinic because she no longer had authority to possess them. Dr. AVERILL was asked if she were willing to voluntarily relinquish her DEA registration, to which she declined. Dr. AVERILL was represented by two attorneys who were present and advised her not to speak. Subsequently on March 9, 2011, Dr. DEA Registration was revoked and she has failed to reapply for a new number. ygdercover Operations During the course of this investigation, four DEA agents acting in an undercover (UC) capacity, conducted operations at RCMG located at 660 North State Road 7, Suite 1, Plantation, Florida between the dates of March 3, 2010 to May 6, 2010: 1) On March 3, 2010, at approximately 10:00 am, Special Agent (SA) Priymak, operating in an undercover capacity, entered RCMG to meet with Dr. AVERILL. He noticed that the sign in sheet was half full with patient?s names and that SA Priymak was 22rld on the list. He signed in using a ?ctitious name. 2) SA Priymak noticed that the reception area contained at least 18 people appearing to be consisting of new and return patients. SA Priymak spoke with some of the waiting patients and overheard other conversations of some and determined that most of the patients were from out-of? town and traveling in groups with some saying they had stayed in local motels just to see Dr. AVERHL. Conversations in the reception/waiting room were also about illicit drugs, drug prices, concealment of drugs, referral fees of $45.00 for bringing in another patient to RCMG, and selling of pills received from the clinic for cash. During the course of these various conversations, the staff warned patients to stop talking about drugs because of the possibility of being heard by law enforcement. After being in the waiting room for some time, SA Priymak was approached by Omar LORDEN, who appeared to be a person responsible for running the of?ce operations. LORDEN asked SA Priymak if he had an appointment, which SA Priymak told LORDEN that he was at the clinic the day before and was told to come in today. SA Priymak ?lled out the forms and handed them back to the receptionist then gave her $200 for the of?ce visit. SA Priymak overheard a conversation between two white males (Shane and Shelton) who traveled to Florida from Tennessee who were both observed at the clinic the day before. The men Page 7 of 36 were well versed in drug prices, transporting and concealing drugs, including marijuana and cocaine. During the course of the conversation, Shane told SA Priymak that the street price for OxyContin 80mg (TR) is approximately $80.00 per tablet. At approximately 8:00 pm, Carissa Johnson (Carissa), the medical assistant, called SA Priymak in for a preliminary exam, which consisted of a review of the completed paperwork, weight and blood pressure check and to provide a urine sample. SA Priymak provided Carissa with an MRI report, which she accepted. While conducting the exam, Carissa coached SA Priymak for the visit with Dr. AVERILL. SA Priymak asked Carissa if he would have any problems getting a prescription from Dr. AVERILL for Oxycodone 30mg. Carissa stated that 1t would not be a problem but for SA Priymak to concentrate only on the part of the body for which the MRI was provided, and not to bother Dr. AVERILL with anything else because this would prolong the Vislt. At approximately 8:30 pm, Carissa called SA Priymak and placed him in an examination room. While waiting to be seen, SA Priymak overheard a conversation between Carissa and a caller inquiring about the total count of drug sales. Carissa referred to the caller as ?Rich? LNU (Last Name Unknown) and told him that the count was $5,717, without counting two other patients (that included SA Priymak). SA Priymak overheard Carissa tell the receptionist that they would receive a bonus for processing 29 or 30 (possibly new patients). Several minutes later Omar LORDEN came inside the exam room and asked SA Priymak to follow him into Dr. of?ce. Dr. AVERILL greeted SA Priymak and asked what brought him in, which he replied he wanted to obtain medication for his neck pain. Dr. AVERILL asked what happened to him, and he stated that ten years ago he ?tweaked?/pulled his neck while playing basketball. He stated that he went to a doctor who said there was nothing seriously wrong with his neck. Dr. AVERILL then ?ipped a few pages in SA Priymak?s patient ?le and found the MRI report. SA Priymak noted a red stamp ?veri?ed? and what appeared to be initials. SA Priymak stated that he had pain, but not presently and he wanted to get medication in case he had pain. Dr. AVERILL inquired where the pain was located and SA Priymak pointed to the middle of the right side of his neck and he pressed/tapped his ?ngers pointing out the spot of the imaginary pain. Dr. AVERILL then asked if the pain was radiating anywhere, and SA Priymak said no. Dr. AVERILL asked if SA Priymak had spasms, and he replied sometimes but he did not have any presently. Dr. AVERILL asked what medication he was receiving from his physician and SA Priymak replied OxyContin 40mg (TR) tablets, taking two per day. Dr. AVERILL then asked what other medication he was taking and he replied Soma 350mg, two tablets per day. Dr. AVERILL asked if he was sleeping okay, and he stated that he had a hard time sleeping. Dr. AVERILL suggested that SA Priymak take Xanax 2mg at least once per day, and sometimes two tablets per day. Dr. AVERILL wanted to prescribe oxycodone 40mg but said that the prescription to be ?lled at the regular pharmacy because the clinic did not have it. SA Priymak stated that she could prescribe 30mg, and a?er doing some math, Dr. AVERILL prescribed 90 oxycodone 30mg tablets. SA Priymak asked Dr. AVERILL if she would increase the number of tablets so she prescribed 12 Roxicodone IR (Immediate Release) 30mg tablets. At some point during the visit, Omar LORDEN entered Dr. of?ce and briefly discussed with her the of?ce?s operation and that he wanted to make sure that Dr. AVERILL would not ruin everything for him as the owner of the clinic. During the visit Dr. AVERILL did Page 8 of 36 3) 6&qu not attempt to examine SA Priymak for his neck pain. After LORDEN left the room, Dr. AVERILL prescribed #60 indicates number of pills) tablets of Soma, #30 Xanax 2mg tablets, and #120 oxycodone 30mg tablets (increased from 90 tables) to SA Priymak. SA Priymak left the Dr. of?ce and went to the reception area to get the medication ?lled. Carissa informed SA Priymak that she was not able to con?rm the MRI and would not be able to ?ll the prescriptions. SA Priymak dId not see in the clinic or in Dr. of?ce any signs or literature referencing detoxi?cation, rehabilitation, addiction treatment programs or medications. SA Priymak visit on March 3, 2010, took approximately 10 hours to complete. On March 5, 2010, at approximately 9:00 am, SA Jeffrey O?Neil entered at the clinic in an undercover capacrty and signed in as a new patient under a ?ctitious name. While sitting in the waiting room SA O?Neil overheard individuals discussing how far they had traveled to come to the clinic. At approximately 10:15 am. SA O?Neil asked Carissa to use the restroom and before entering the restroom SA O?Neil told Carissa he would give her $100 to speed up his wait time. Carissa agreed and told SA O?Neil there were cameras in the of?ce, so pay her in the examining room when she takes his blood pressure later. At approximately 10:45 am. SA O?Neil approached the reception area and paid $200.00 for the of?ce visit. At approximately 11:05 Carissa called SA O?Neil to the exam room where she took his blood pressure and she was given the $100 for him receiving V.I.P. treatment. She asked him what caused his injury and if it was a car accident. SA O?Neil stated that it was probably from playing football in 1998. At approximately 11:15 am, Carissa moved SA O?Neil to another exam room, and told him that he was required to take a urine drug screening test. SA O?Neil told Carissa that the results were going to be negative. The purpose of the urine test is to determine if oxycodone is present in the patient?s system and if the test comes back as ?negative or clean? this would indicate the patient is possibly diverting the medications. At approximately 11:25 am. Dr. AVERILL called SA O?Neil into another exam room and asked him how many prescription pills he was taking per day. SA O?Neil stated that he had nothing prescribed but was snif?ng 8 to 10 Oxycodone 30mg tablets per day, and 10 OxyContin 80mg tablets per day. SA O?Neil asked Dr. AVERILL how many tablets did he have to take to die, and she did not respond. Dr. AVERILL asked SA O?Neil how many Xanax 2mg tablets he wanted per day, and he stated that he did not want any but Dr. AVERILL replied that she was going to prescribe Xanax for him to help him sleep. Dr. AVERILL asked SA O?Neil what injuries he had and he stated a 1998 football injury, and that his back hurts. SA O?Neil stated that he is getting ?sick? (starting to detoxify) from not taking oxycodone for a week, and doesn?t want to get sick from not taking pills. Dr. AVERILL then asked again how his back hurts, and stated that right now it feels good but sometimes it hurts when he sleeps. SA O?Neil then bent down and touched his ankles in front of Dr. AVERILL. Again he repeated to Dr. AVERILL that he had not taken Page 9 of 36 4) EUCWPRAQ Oxycodone for a week, and she asked if SA O?Neil had been sick, and he stated yes. Dr. AVERILL told SA O?Neil that she was going to give him Xanax, which he asked if he would die if Xanax and Oxycodone were mixed, and Dr. AVERILL said no, that she gives it to everybody. She then drew a chart and instructed SA O?Neil how to take the Oxycodone and asked if he ever heard of liquid Roxicodone. SA O?Neil stated that he did not want any, and she asked if he was in pain right now, and he responded not right now. Dr. AVERILL stated that she thought it was weird that SA O?Neil could bend over with a herniated disk, he told her he couldn?t, and she responded that she saw him do it. Dr. AVERILL then left the exam room. At approximately 12:05 pm. Dr. AVERILL returned to the examination room and SA O?Neil told her he was just going back to taking dope. Moments later DR. AVERHL wrote four prescriptions for oxycodone 30 mg #180, oxycodone 15 mg #150, Xanax 2 mg #60, Soma 350 mg #30, which were ?lled at the clinic. After approximately three hours SA O?Neil exited the clinic. 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 alprazolam/Xanax 0 One Predicate Incident of: Dellvery - 893. 13(1)(a)2 and 893.03 (4) (J11) carisoprodol/Soma On March 30, 2010, at approximately 12:20 SA de Viteri and SA Jeffrey O?Neil both working in an undercover capacity entered RCMG to meet with Dr. AVERILL. Both wrote their name on the sign-in sheet and SA de Viteri received a stack of forms to complete. SA de Viteri mark on a diagram that her right shoulder was the source of pain. After returning the completed forms, SA de Viteri provided an MRI and her Florida identi?cation card which were copied and returned to her. SA de Viteri paid the receptionist $200 for the of?ce visit. At approximately 1:35 pm, Carissa escorted SA de Viteri to an exam room and requested she provide a urine sample. Later Carissa called SA de Viteri to take her weight and blood pressure when Carissa asked SA de Viteri how she hurt her back; if it was the result of a car accident, and when did it start to bother her. SA de Viteri stated that she hurt her back working out, and it started to bother her approximately six months ago. Approximately 30 minutes later, Dr. AVERILL took SA de Viteri to her of?ce. Dr. AVERILL asked if it was the ?rst time at the clinic (RCMG), and if she had been on oxycodone before. SA de Viteri stated that she had been on and off oxycodone for about six months. Dr. AVERILL asked why SA de Viteri was on oxycodone. She replied she had hurt her back working out about six months ago. Dr. AVERILL referred to SA de Viteri?s MRI and asked her to show here where she felt pain. SA de Viteri stated that she did not feel pain at the moment, and Dr. AVERILL asked her show her where it normally hurts. SA de Viteri pointed to her lower back. Dr. AVERILL asked if the pain traveled down her legs. She stated that it did not, and was just concentrated in one area. The doctor asked SA de Viteri how often she experienced pain and she responded that exercise aggravates her back, but she could go two to three days without any pain depending on what she was doing. Dr. AVERILL asked SA de Viteri what pain clinic had she been seen at. SA de Viteri stated that she went to a clinic in Pembroke Pines, but could not remember the name. She said that she was Page 10 of 36 prescribed #120 30?s (referring to 30mg oxycodone),# 90 15?s (referring to 15mg oxycodone), and #30 Xanax (referring to 2mg Alprazolam). The UC responded that she only took the pills when her back hurt, which meant she did not take the pills every day, and the prescriptions lasted a little more than one month. Dr. AVERILL stated that they only treat people who have a lot of pain every day, and would only prescribe that type of medication (referring to oxycodone) if SA de Viteri?s pain got worse and prevented daily activity. Dr. AVERILL suggested prescribing Percocet, and told SA de Viteri to take it on the days she had pain. SA de Viteri estimated that she had pain about four times per week, mostly in the morning and at night, typically lasting for about two hours. Dr. AVERILL went back and forth between prescribing 30 or 60 Percocet tablets. She asked SA de Viteri if 60 tablets sounded okay, and that she did not want her to get hooked on it unless she really needed it. At this point SA de Viteri did not know whether Dr. AVERILL was referring to her getting hooked on Percocet or oxycodone. Dr. AVERILL told SA de Viteri that the Percocet will work until she starts to experience pain every day. SA de Viteri asked if the Percocet did not work if she could return. Dr. AVERILL agreed that after one month she could return to be re-evaluated. Dr. AVERILL told SA de Viteri that she could give her a stronger dose, and then she would only have to take one in the morning and one in the evening. Dr. AVERILL asked SA de Viteri why she stopped going to the other clinic, and she stated because the people who were going to the other clinic were shady. Carissa input SA de Viteri?s information into the computer, and before she left Dr. AVERILL asked if the clinic had any Percocet. Carissa stated they only had 650mg, and Dr. AVERILL stated that that was okay because that is what she was prescribing. Dr. AVERILL asked SA de Viteri if she needed Xanax. SA de Viteri stated that she did, but did not need it every day. Dr. AVERILL told SA de Viteri that she could prescribe 15 pills, but AVERILL decided on 30 so that the prescription could go into the following month. During the of?ce visit, Dr. AVERILL never spoke to SA de Viteri regarding detoxi?cation, rehabilitation, addiction treatment programs or medications. SA de Viteri not observe Dr. AVERILL reviewing any of the forms she completed prior to being seen by her. Dr. AVERILL did not conduct any physical exam or any exercises such as toe touches on SA de Viteri during the visit. Dr. AVERILL wrote SA de Viteri wrote prescription for Percocet lOmg-650mg #30 tablets and Xanax 2mg tables #30. SA de Viteri was asked by the Pharmacy Technician (name unknown) if was going to ?ll her prescriptions at the clinic SA de Viteri decided against ?lling the prescription. SA de Viteri exited the clinic at approximately 2:30 pm. with her RCMG issued prescriptions. 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax On this same date Dr. AVERILL prescribed SA O?Neil #210 tablets of oxycodone 30mg, #90 tablets of oxycodone 15mg, one bottle of liquid oxycodone 20mg/mL concentrate 30mL, #30 tablets of Soma 350mg and #90 tablets of Xanax 2mg. 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone Page 11 of 36 66900;ng - One Predicate Incident of: Delivery and 893.03 (4) alprazolam/Xanax - One Predicate Incident of: Delivery - and 893.03 (4) carisoprodol/Soma 5) On May 6, 2010, at approximately 9:45 SA de Viteri, working in an undercover capacity entered RCMG she signed in and told the receptionist Carissa that she was there for a follow-up visit. SA de Viteri received forms to ?ll out and a pain questionnaire, on which SA de V1teri indicated her pain level was not more than ?ve on a scale from one to ten. Approximately 45 minutes later SA de Viteri and SA O?Neil were called to the front desk and asked for their phone numbers and paid $300 each. The regular of?ce visit was $250. At approximately 11:40 SA de Viteri was called to the triage. Carissa asked SA de Viteri if the medication was working. SA de Viteri told Carissa that Dr. AVERILL prescribed her Percocet the last time she was there. Carissa stated ?what, why?. Carissa made a notation in SA de Viteri?s chart that she needed more medication, and instructed SA de Viteri to tell the doctor that she had a rough month. At approximately 12:25 SA de Viteri was called to Dr. office for her visit. Dr. AVERILL showed SA de Viteri the prescription price list and advised SA de Viten that she had a $50.00 credit toward the cost to ?ll her prescription at RCMG. Dr. AVERILL told SA de Viteri that she would prefer SA de Viteri to ?ll her prescription at the clinic and stated is everywhere these days.? Dr. AVERILL made an exception if SA de Viteri had insurance, as the of?ce did not accept insurance. SA de Viteri told Dr. AVERILL that the prescription was not helping her at all. Dr. AVERILL asked SA de Viteri if the pain was constant or intermittent, which SA de Viteri stated that it was more than before, referring to the previous visit. Dr. AVERILL asked her how many hours did she work, and she responded approximately 30 hours per week. Dr. AVERILL stated that she prescribed SA de Viteri one Percocet a day and one Xanax a day. Dr. AVERILL told SA de Viteri that was nothing, and further stated that was what SA de Viteri wanted. SA de Viteri told Dr. AVERILL she was taking two Percocet at a time because of increasing pain. Dr. AVERILL told SA de Viteri that oxycodone works better than Tylenol in Percocet which is bad for the liver. Dr. AVERILL said that she would tend to stay away from the Percocet as it is worse for the body than oxycodone. Dr. AVERILL asked SA de Viteri if she was sleeping okay and if she needed more Xanax. SA de Viteri said that she was sleeping ?ne and declined the offer for more Xanax. During SA de Viteri?s patient consultation, Carissa discussed with Dr. AVERILL how to get through the patients quicker so they could leave by 3:30pm. Dr. AVERILL stated that the third and fourth visits are typically shorter. Carissa then stated that the remaining patients were well beyond their fourth visit. SA de Viteri told Dr. AVERILL that she took all the Percocet and currently was not on any medications, and that her back was ?jacked up.? Dr. AVERILL told SA de Viteri that she would give her oxycodone in lieu of Percocet. Dr. AVERILL asked SA de Viteri if she had pain all day long, or just when training. SA de Viteri stated that she has pain now because she was not taking anything. Dr. AVERILL asked how many Percocet?s would control the pain, and SA de Viteri Page 12 of 36 6) answered that doubling the prescription would be a conservative estimate. Dr. AVERJLE con?rmed with SA de Viteri that it would be four Percocet. SA de Viteri agreed, and added maybe ?ve Percocet would be good. Dr. AVERILL told SA de Viteri that she would give her more than that, then told her she would give her oxycodone 30mg and oxycodone 15mg. Dr. AVERILL told SA de Viteri to take the 30mg oxycodone ?rst thing in the morning along with half a dropper full of the liquid oxycodone under the tongue that the liquid absorbs quickly into the blood stream and does not take as long as the 30mg or 15mg pills to enter the system. Dr. AVERILL told SA de Viteri to take the 15mg oxycodone approximately one half hour before the 30mg ran out. Dr. AVERILL explained how long each medication lasted, and how long it took for the medication to work. Dr. AVERILL reviewed the schedule of pills, telling SA de Viteri she would have #120 30mg oxycodone tablets and #90 15mg oxycodone tablets. Dr. AVERILL stated that these prescriptions should work out better than the Percocet, which is more for in?ammation. Dr. AVERILL further stated that she believes that this would help SA de Viteri and that if it is too much, then SA de Viteri should try taking the pills every ?ve hours, instead of the recommended every four hours. Dr. AVERILL stated that she would annotate in SA de Viteri?s chart to re?ect lower back pain and not put down the amount of hours SA de Viteri was experiencing pain. SA de Viteri received prescriptions for #120 Oxycodone 30mg tablets, #90 Oxycodone 15mg tablets, one bottle of 30mL liquid 20mg/mL Oxycodone, and #30 Alprazolam 2mg tablets. Dr. AVERILL stated that she preferred SA de Viteri to ?ll the prescriptions at the clinic. Dr. AVERILL did not conduct a physical exam or discuss other treatment options, detoxi?cation programs or treatments with SA?de Viteri during her of?ce visit. SA de Viteri noted that at various times during the consultation, Dr. AVERILL referred to oxycodone 30mg tablets by their street name ?Roxys.? SA de Viteri provided her prescriptions to a white male in his twenties who calculated the cost of SA de Viteri?s medications at $325. SA de Viteri told him that she could not afford that much, and he showed her the calculator again, and at this time it read $300. SA de Viteri told him that she had to come back. At approximately 12:50pm. SA de Viteri exited the clinic taking approximately 3 hours to complete the visit. SA de Viteri received prescriptions for #120 oxycodone 30mg tablets,#90 oxycodone 15mg tablets, one bottle of 30mL liquid 20mg/mL oxycodone, and #30 alprazolam 2mg tablets. Dr. AVERILL stated that she prefer SA de Viteri to ?ll the prescriptions at the clinic. 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax Also on May 6, 2010, at approximately 10:00a.m., SA Jeffrey O?Neil entered RCMG for a follow-up visit with Dr. AVERILL. At approximately 12:00 pm, SA O?Neil was called into the triage area by Carissa and he told her about the long waiting time?in the of?ce. Carissa stated the she was completing most of the notes 3 Page 13 of 36 for Dr. AVERILL to speed up the process. SA O?Neil paid Carissa $100 so that Carissa could make sure Dr. AVERILL shortens the amount of time spent with each patient. At approximately 3:00 pm, Dr. AVERILL and Carissa called SA O?Neil into Dr. of?ce. SA O?Neil spoke to Dr. AVERILL regarding the amount of OxyContin he was taking since the previous visit. Dr. AVERILL asked SA O?Neil how many 30?s and 15?s he was taking. SA O?Neil stated that he did not know, but the amount last time was good. Dr. AVERILL then explained how many OxyContin to take each day. Then Dr. AVERILL asked ?so everything is and he stated ?yup?. Minutes later, Dr. AVERILL handed SA O?Neil ?ve prescriptions for oxycodone 30mg #210 tablets, oxycodone 15mg #90 tablets, one bottle of liquid oxycodone 20mg/mL concentrate 30mL, Soma 350mg #30 tablets and Xanax 2mg #90 tablets. SA O?Neil stated that the total visit with Dr. AVERILL lasted approximately ten mmutes and at no time d1d she conduct a medical examination. 0 One Predicate Incident: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax 0 One Predicate Incident: Delivery - and 893.03 (4) carisoprodol/Soma It is to be noted that some of the undercover agents reported that when they visited Dr. AVERILL at RCMG the visit took place in her of?ce as she sat behind a desk, no physical exam was conducted and there was not a medical examination table. V. BACKGROUND INFORMATION REGARDING THE DEATHS OF NINE PATIENTS Your Af?ant contacted several law enforcement agenc1es regarding the death investigations of nine persons set forth in this af?davit. For each of the nine deaths documents were obtained for patients who overdosed on medications prescribe by Dr. AVERILL to include police reports, crime scene photographs, interviews of witnesses or family members, medical examiners reports and ?ndings, photographs of autopsy, toxicology laboratory reports and certi?ed death certi?cates. The following are descriptions of the patients who overdosed after receiving prescriptions from Dr. AVERILL. On September 28, 2010, agents seized a patient discharge list created by Carissa. Carissa has stated under oath that the list contained the names of known deceased patients. She further stated that all persons at RCMG knew about the dead patients. In many instances, they learned of patients? overdose deaths from other patients who previously traveled with the deceased patient of RCMG for their drugs and on their follow?up visits, reported to RCMG staff on the overdose deaths. 1) Brian Moore was a 36 year old white male from East Bernstadt in Laurel County, Kentucky. On January 25, 2010, Mr. Moore and his wife Jennifer traveled 955 miles with a drive time of 13.5 hours from his residence in Kentucky to see Dr. AVERILL at RCMG in Plantation, FL. On this date, Dr. AVERILL prescribed Brian Moore oxycodone 30mg #180, oxycodone 15mg #150, oxycodone 20mg/mL lbottle, Methadone 10mg #120, Soma 350mg #60, Xanax 2mg #90. Between the dates of November 2, 2009 to January 25, 2010, Brian Moore visited RCMG four times seeing three different doctors and Dr. AVERILL one time. There is no documentation in Brian?s RCMG patient ?le that a urine analysis test was performed during the visit on January 25, 2010 to Dr. AVERILL. The purpose of the urine test is to determine if oxycodone is present in the patient?s system and if the test comes back as ?clean? this would indicate the patient is Page 14 of 36 2) possibly diverting the medications. On January 27, 2010, Brian Moore was found dead at a friend?s house in Union County, Kentucky. The medical examiner issued the death certi?cate listing the cause of death to be ?Multiple Drug Toxicity?. A copy of this death certi?cate was found in Brian Moore?s patient ?le seized on September 28, 2010. The death occurred at the residence of Jasper McQueen, in London, KY, who was also a patient with three documented visits to RCMG in October, November and December 2009. Brian and Jennifer Moore documented on their ?Patient Questionnaire? that McQueen had referred them to RCMG. On January 25, 2010, Jennifer Moore was seen by Dr. AVERILL who prescribed a similar drug combination that Brian Moore received. Jennifer Moore had six visits with Dr. AVERILL between January 25, 2010 to June 28, 2010 at which time she received a total of 32 prescriptions for 3,375 pills and three bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. On November 2, 2009, Jennifer Moore received a Magnetic Resonance Image (MRI) and a urine test which is the only one documented in her patient ?le. Predicate Incidents and Counts Manslaughter, 782.07(1) of Brian Moore 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Inc1dent of: Delivery - and 893.03 (4) carisoprodol/Soma I One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax 0 One Predicate Incident of: Delivery - and 893.03 delivery methadone Matthew Koutouzis was a 26 year old white male from Toms River, New Jersey who traveled to Melbourne, Florida and stayed with his girlfriend Laura Ingram who lived with two friends by the names Paul Christopher and Kevin Conheeney. On January 29, 2010, Ingram stated that Koutouzis, Christopher and Conheeney all drove 158 miles from Melbourne, FL to RCMG in Plantation, FL to visit Dr. AVERJLL. All three males? chief complaint were back injuries for which Koutouzis received prescriptions from Dr. AVERILL for oxycodone 30mg #180 oxycodone, 15mg #150, Soma 350mg #60, Xanax 2mg #90. Conheeney received the same prescriptions to include methadone 10mg #120. On January 31, 2010, at approximately 8:30 am, Laura Ingram found Koutouzis unresponsive in the bedroom. Ingram stated to Melbourne police that on either January 29*, or January 30th Koutouzis had ?shot up? (injected) oxycodone or ingested (swallowed) two Xanax, Ingram admitted she also took the same amount of drugs. Dr. B. Podjaski, Associate Medical Director for Brevard County, FL determined Koutouzis cause of death to be ?Multidrug Intoxication?. Koutouzis?s toxicology report was positive for cocaine, dextromethorphan, oxycodone and alprazolam. On January 26, 2010, Koutouzis received an MRI and during his visit to RCMG on January he received a urine test. It is to noted that Paul Christopher did not have a patient ?le with RCMG, which indicates that he may have been using a false name. Kevin Conheeney had 6 visits between the dates of January 29, 2010 to July 1, 2010, Dr. AVERILL wrote 28 prescriptions for 2,745 pills during those six months. During a visit on July 1, 2010, Conheeney received seven prescriptions, three of which were for 30mg oxycodone for 40 pills, 70 pills and 70 pills. This would allow a patient to ?ll the prescriptions at three different pharmacies in an attempt to avoid ?red ?ags? but not Page 15 of 36 3) receive all 180 pills at one time. It is also interesting to note that Dr. AVERILL wrote Conheeney a prescription for 255 pills of 30mg oxycodone on May 5, 2010 along with two other drugs. Predicate Incidents and Counts 0 Manslaughter, 782.070) as to Matthew Koutouzis 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) carisoprodol/Soma 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax Kenneth Hammond was a 45 year old white male from Knoxville, Tennessee. On March 23, 2010, Marion County Medical Examiner (ME) Investlgator Jonathan Scott interviewed Hugh Shelton one of Hammond?s traveling companions on the trip to South Florida. Shelton stated that on March 21, 2010, he and Hammond left Knoxville, TN with two females en route to South Florida to attend Spring Break, traveling a distance of 851 miles driving for approximately 11 hours. On March 22, 2010, at approximately noon, Hammond saw Dr. AVERILL at RCMG with his chief complaint being pain in his back, le? leg and shoulder. Dr. AVERILL prescribed oxycodone 30mg #150, oxycodone 15mg #120, Methadone 10mg #180, Xanax 2mg #90. Shelton further stated that the four started their return trip to Knoxville on March 23 (their estimated departure time being approximately 10:00 am) and while en route back to Tennessee, while still in Florida, Hammond appeared to have a seizure. The group stopped at a McDonalds/Mobile gas station located at 4150 Highway 326 in Ocala, Florida. At the gas station, Hammond started to walk across the parking lot to the restaurant when he fell to the ground with another seizure. Emergency 911 was called and at approximately 2:00 pm, Hammond arrived by ambulance at the Munroe Regional Medical Center. At 2:49 pm, Hammond was pronounced dead. The of?cial cause of death was determined by Dr. Barbara C. Wolf, Interim District Medical Examiner in Leesburg, FL as being ?oxycodone Toxicity? with Hammond?s toxicology report being positive for oxycodone, diazepam, temazepam, and nordazepam. Sgt. Brian Spivey of the Marion County Sheriff?s Office interviewed Hugh Shelton who stated that he waited at the hospital for an hour, prior to Melbourne Police investigators arriving at the hospital then the three remaining ?Spring Breakers? continued their return trip to Knoxville. On February 22, 2010, Hammond had his ?rst visit with Dr. AVERILL at RCMG. During the two documented visits to Dr. AVERILL, Hammond received eight prescriptions for a total 840 pills (this is an approximate amount due to a poor quality copy of the script in the patient From seven visits to RCMG between the dates of February 2010 to July 2010, Hugh Shelton received 44 prescriptions from Dr. AVERILL for a total of 4,210 pills and seven bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. It is to be noted that on May 5, 2010 and July 28, 2010, Hugh Shelton received eight prescriptions during each of these visits. Predicate Incident and Counts Manslaughter, 782.07(1) as to Kenneth Hammond 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax - One Predicate Incident of: Delivery and 893.03 delivery methadone Page 16 of 36 4) Jonathan Ludwig was a 28 year old white male from Rockledge, Flonda. On or about April 21, 5) 2010, Jonathan Ludwig and his wife Marie Happel traveled 167 miles from their residence in Rockledge, Florida (north of Melbourne, FL) to RCMG in Plantation, FL and both were seen by Dr. AVERILL. On April 21, 2010, at approximately 5:00 pm, Ludwig received ?ve prescriptions from Dr. AVERILL for oxycodone 30mg #210, oxycodone 15mg #180, Methadone 10mg #120, Soma 350mg #90, Xanax 2mg #90 and Happel received ?ve prescriptions from Dr. AVERILL for oxycodone 30mg #180, oxycodone 15mg #150, Methadone 10mg #120, Soma 350mg #90, Xanax 2mg #90. On April 215?, Ludwig and Happel received a combined total of 10 pain prescriptions from Dr. AVERILL for 1,320 pills. After their visit to Dr. AVERILL, Ludwig and Happel went to Gatlinburg, Sevier County, Tennessee for their honeymoon. The hotel in Gatlinburg is 820 miles with a drive time of 14.5 hours from RCMG clinic in Plantation, FL. Happel stated to Gatlinburg Police Investigators that they arrived in Gatlinburg on April 23, 2010, at approximately 4:30 pm. On April 24, 2010, at approximately 1:00 pm, Happel entered the hotel bedroom and found Ludwig dead lying on the ?oor next to the bed. Upon arrival of the ?rst police of?cer it was reported that Ludwig was lying face down and his arms were stiff indicating that Ludwig had been dead for some time. Dr. Jerry Bradley of the Sevierville County Medical Examiner of?ce signed the death certi?cate that indicates the cause of death to have been ?Polypharmacy Drug Overdose?. Ludwig?s toxicology report was positive for alprazolam, THC, Methadone, amphetamine, barbiturate, cocaine and ethanol. The NMS Laboratory toxicology report determined that Ludwig?s blood levels of Methadone were ?toxic?. Ludwig saw Dr. AVERILL a total of four times between the dates of January 27, 2010 to April 21, 2010 and received 22 prescriptions for 2,745 pills and one bottle of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. In Ludwig?s patient ?le there is an MRI report dated March 23, 2010 but there is no documentation that a urine test was performed. Marie Happel saw Dr. AVERILL on March 31, April 21 and May 20, 2010, receiving 17 prescriptions for 1,651 pills and two bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. Predicate Incident and Counts - Manslaughter, 782.070) as to Jonathan Ludwig 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax 0 One Predicate Incident of: Delivery - and 893.03 delivery methadone I One Predicate Incident of: Delivery - and 893.03 (4) carisoprodol/Soma Tony Ray was a 40 year old male from New Tazewell, Tennessee. He traveled 880 miles with an estimated driving time of 13 hours to RCMG. On May 7, 2010, Dr. AVERILL wrote Ray four prescriptions for oxycodone 30mg #180, oxycodone 15mg #150, oxycodone 20mg/mL 1 bottle, Xanax 2 mg #90, and Chantix. On May 12, 2010, Tony Ray was found dead by this daughter Karli Ray at their residence in New Tazewell, TN. Karli Ray stated to investigators that her father had been ?eating Roxy 30?s and totem poles Xanax) like crazy?. The last time Karli Ray had checked on her father it was at approximately 2:00 am on May 12th, at which time Tony Ray was snoring and Karli had wiped off some white mucus from his nostrils. On May 12, 2010, at approximately 2:00 pm, Karli Ray woke up and found her father dead in the chair where she saw him last. Upon the arrival of the police, Tony Ray was reported to be cool to the touch Page 17 of 36 6) and had obvious signs of rigamortis in his legs. The listed cause of death was cardiopulmpnary arrest and myocardial infarction. The toxicology laboratory analysis indicated that Tony Ray had in his system Methadone, oxycodone, alprazolam and a presumptive amount of benzodiazepine. Between the dates of February '19, 2010 to May 7, 2010, Tony Ray had three visits at RCMG and received from Dr. AVERILL 12 prescriptions for 1,350 pills and 2 bottles of liquid Oxycodone 20mg/mL concentrate in a 30mL bottle. It was documented in Tony Ray?s patient ?le that he received an MRI on February 17, 2010, and the only urine test was conducted on February 19, 2010. Predicate Incident and Counts 0 Manslaughter, as to Tony Ray 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax Keith Konkol was a 37 year old white male from Kingsport, Tennessee who traveled 843 miles with Jeremiah Fields to RCMG in Plantation, Florida. The drive time is estimated to be 12 hours door-to?door. It is documented in Konkol?s RCMG patient ?le that he received an MRI on February 10, 2010, and a urine test was conducted at RCMG on March 8, 2010 but none a?er that. Konkol was found dead along the side of a county road in South Carolina on June 14, 2010, in Newberry County. The death ?certi?cate lists the date of death as ?Actual or Presumed Date of Death? on June 7, 2010,'the date of Konkol?s last visit to RCMG. On July 16, 2010, Jeremiah Fields gave a statement to Lt. Robert Dennis of the Newberry County, Tennessee Sheriff Of?ce that ?ve weeks earlier he and Konkol had traveled to Florida for the purpose of buying prescription medication and to sell them in Tennessee. Konkol knew how to obtain the prescriptionsand Fields provided the transportation and ?nancial backing. Fields stated that they arrived to RCMG in the morning of on June 6, 2010, (actual date was the 7m) and at 8:30 pm, Konkol received eight prescriptions from Dr. AVERILL for a total of 720 pills consisting of oxycodone 30 mg #150, oxycodone 15mg #150, oxycodone 20mg/mL 1 bottle, Methadone 10mg #180, Soma 350mg #60, Xanax 2mg #90, oxycodone 30 mg #30 and Xanax 2mg #60, all for lower back pain. As the two returned to Kingsport, TN, Fields was driving and Konkol was sleeping in the back seat. As they entered into Newberry County, South Carolina, Fields pulled over to sleep. Fields stated that when he woke up he found Konkol dead and panicked since there were hundreds of pills in the vehicle and he was on state probation and did not have permission to travel outside the state of Tennessee. Fields dumped Konkol?s dead body on the side of an untraveled county road David Branch Road near Jalapa Road in Newben'y, SC. On June 16, 2010, power company linemen found a decomposing corpse on the side of the road, which was later identi?ed by ?ngerprints to be ?Keith Richard Konkol?. S. Craig Newton, Comer for Newberry County ruled the cause of death to be ?probable accidental drug overdose?. A toxicology report was positive for oxycodone, alprazolam, diazepam, and ethanol. In March, April and June 2010, Konkol visited RCMG and received from Dr. AVERILL six, seven and eight prescriptions respectfully for a total of 1,890 pills. Predicate Incident and Counts a Manslaughter, 782.07(1 as to Keith Konkol 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax Page ts?of?as 0 One Predicate Incident of: Delivery - and 893. 03 delivery methadone 0 One Predicate Incident of: Delivery - and 893.03 (4) carisoprodoI/Soma 7) Sally Dykes was a 44 year old white female from Tennessee. The door-to-door travel distance from her home to RCMG is 873 miles with an approximate travel time of 12.5 hours to RCMG. On June 11, 2010, her last visit to Dr. AVERILL and RCMG was for neck and lower back pain. During this visit, Dr. AVERILL prescribed 810 pills consisting of oxycodone 30mg #210, oxycodone 15mg #180, oxycodone 20mg/mL 1 bottle, Methadone 10 mg #180, Xanax 2mg #90, Neurontin 300mg #120 and Soma 350mg #30. On June 13, 2010, Sally Dykes was found dead on the ?oor next to her couch in Luttrell, TN. Carroll Rose, MD, the Union County Medical Examiner, determined the cause of death was ?drug overdose?. A toxicology report was positive for Methadone, oxycodone, and Alprazolam. Kelly Dykes, the sister of Sally Dykes, was interviewed over the phone by DEA Task Force Of?cer R. Weir, she stated that in 2006, her sister was under the care of a doctor in Tennessee at which t1me Sally became addicted to pain killers. After attempting to self-detox Sally Dykes had an equestrian accident and subsequently became addicted again. Kelly Dykes stated that her sister drank heavily and went through periods of depression. According to the sister, Sally Dykes started traveling to Florida to obtain oxycodone to fulfill her addiction. Kelly Dykes stated that her sisters? trips to Florida were funded by a friend who would receive ?fty-percent of the prescription drugs and Sally kept the remainder. Between the dates of April 2010 to June 2010, Sally Dykes received 20 prescriptions from three visits to Dr. AVERILL, for 2,190 pills and two bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. Sally Dykes RCMG patient ?le shows an MRI dated January 8, 2010, but no urine test was ever documented. Predicate Incident and Counts 0 Manslaughter, 782.070) as to Sally Dykes 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax 0 One Predicate Incident of: Delivery - and 893.03 delivery methadone 0 One Predicate Incident of: Delivery - and 893 .03 (4) carisoprodol/Soma 8) Katrina Clark was a 33 year old white female from Haven, Florida. She traveled 554 miles with an approximate drive time of eight hours to visit RCMG. Between the dates of January 20, 2010't0 June 9, 2010, Clark visited Dr. AVERILL six times. On June 9m, Clark?s last visit, she received eight prescriptions for a total of 870 pills, consisting of oxycodone 30mg #180, oxycodone 15mg #150, two bottles of liquid oxycodone 20mg/mL, Methadone 10 mg #180, Xanax 2mg #90, Soma 350mg #90 and Phentermine37.5mg #60. Clark?s RCMG patient ?le indicates that she was referred to RCMG by Dr. from her (AVERILL) prior pain clinic and Clark?s brother. Clark had traveled with her boy?iend Steven Reeder from Panama City to RCMG in Plantation, FL. Steve Reeder and his brother Greg Reeder were also RCMG patients. Page ?19 of?36 ?71? On June 21, 2010, Clark was the sole occupant of a vehicle traveling, in a rain storm, on Transmitter Road outside Panama City in Bay County, Florida at which time Clark was killed in a head on two vehicle collision. Dewayne Toole, a witness to the accident stated, he and Ms. Clark?s vehicles were stopped at a red light. When the light turned green Ms. Clark?s proceeded northbound on County Road 2327, and then crossed the centerline into the southbound lanes, hitting the oncoming vehicle. Trooper Boer of the Florida Highway Patrol (F HP) conducted the investigation and determined that a contributing factor of the accident was Katrina Clark?s state of intoxication. FHP Trooper Boer interviewed Bruce A. Goldberger, the Director of Toxicology and Professor at the University of Florida who certi?ed the toxicology report and stated that a typical adult who is prescribed a therapeutic amount of oxycodone should have somewhere between 80-100 ng/ml of oxycodone in their system and Clark?s toxicology report showed that she had 690 ng/ml of oxycodone in her system which is signi?cantly higher than what is classi?ed as From Trooper Boer?s training and experience he concluded that ?based on the laboratory analysis report on the blood specimen obtained from Katrina Clark, indicated that she had the presence of Alprazolam, Methadone and oxycodone. The quantitative levels were suf?ciently high enough to conclude that ?Ms. Clark?s normal faculties were impaired to the point that she was under the in?uence of drugs?. Three prescriptions pill bottles were recovered from Clark?s purse found inside her vehicle. The prescribing doctor was Dr. AVERILL and all pill bottles were in the name of Katrina Clark. One bottle was from 15mg of oxycodone #150, a second was for Xanax 2mg #90 and the third was for Soma 350mg #90. When Trooper Boer noti?ed Clark?s family of her death, her parents stated that Clark had a problem with prescription pills and'informed the Trooper that their daughter had a large amount of pills in the house. Trooper Boer stated that he was given two large brown grocery bags with pill bottles. Clark?s patient ?le at RCMG her most recent MRI was done on November 18, 2008, and the only reported urine test was performed at RCMG on January 20, 2010. Clark?s boyfriend, Steven Reeder had visited RCMG for a total of eight times and received 65 prescriptions for a total of 5,100 pills from Dr. AVERILL in addition to 15 bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. Reeder received an average of 7.4 prescriptions per visit and on August 4, 2010, Steven Reeder received 10 prescriptions from Dr. AVERILL for a total of 870 pills and bottles of liquid oxycodone 20mg/mL. Between the dates of January 20, 2010 to June 9, 2010, Dr. AVERILL wrote Katrina Clark 46 prescriptions for a total of 4,770 pills in addition to 11 bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. Dr. AVERILL wrote Clark an average of 7.5 prescriptions per visit and on May 12, 2010 Clark received nine prescriptions during just one visit for a total of 870*pills to consist of oxycodone 30mg #180, oxycodone 30mg #30, oxycodone 15mg #150, oxycodone 20mg/mL 2 bottles, Methadone 10mg #180, Soma 350mg #90, Xanax 2mg #90, Neurontin 300mg #120, phenterrnine 37.5mg #60. Predicate Incident and Counts 0 Manslaughter, 782.07(1) as to Katrina Clark 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone 0 One Predicate Incident of: Delivery and 893.03 (4) alprazolam/Xanax 0 One Predicate Incident of: Delivery - and 893.03 delivery methadone PagerZQ of 3,6 I .3 :ik 0 One Predicate Incident of: Delivery - and 893.03 (4) carisoprodol/Soma 9) Adam Smith was a 27 year old white male from Melbourne, Florida who traveled 155 miles with an estimated drive time of 2.5 hours to RCMG in Planation, FL to receive prescriptions for lower back pain. Smith?s last visit to RCMG on May 20, 2010, Dr. AVERILL wrote him eight prescriptions for oxycodone 30mg #210, oxycodone 15mg #180, oxycodone 20mg/mL 2 bottles, Methadone 10mg #180, Soma 350mg #90, Valium 10mg #30, Xanax 2mg #90, Neurontin 300mg #120. On June 21, 2010, at approximately 8:00 pm, Adam Smith?s mother told her son to leave her house because he appeared to be ?high?. Adam Smith went to stay at Danny Parsons Jr?s residence but did not arrive until 10:00 pm at which time Parsons Jr. stated that Smith appeared to be high, he knew that Smith had a history of abusing oxycodone, Xan?ax and cocaine. After Smith ate he laid on the couch. The last person who saw Smith alive was Michael on June 22, 2010 who said he heard Smith gurgling and snoring at approximately 2:30 am. At approximately 7:30 am, Parson?s stated that he found Smith slouched on the couch he and appeared not to be breathing at which time Parson?s Jr. called 911 and attempted CPR. Of?cer Calvin Borca of? the Melbourne Police Department was the ?rst of?cer on the scene and he observed four people standing over Smith?s. dead body. All were later interviewed by the Melbourne Police Department detectives. In Smith?s wallet, detectives discovered two appointment cards from RCMG for the dates of May 19, 2010 and June 16, 2010 and a single Methadone tablet. Podjaski, MD, Medical Examiner for Brevard County concluded the cause of death was ?Multi-Drug Intoxication?. The toxicology report tested positive for Methadone, diazepam and oxycodone. Between the dates of February 24, 2010 and May 20, 2010, Smith had four documented visits to RCMG and received 28 prescriptions from Dr. AVERILL for a total of 3,030 pills and eight bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. DEA Task Force Of?ce R. Weir interviewed Smith?s mother who stated that her son was seeing Dr. AVERILL whose name was on pills bottles that she found in Smith?s bedroom. In February or Marchl2010, the mother discovered that her son was taking pain killers and even found a white substance on a table in her house. When confronted by his mother, Smith stated that heicrushed oxycodone and snorted it because the effect was more power?JI. During the interview with DEA, the mother did not mention that her son had previous back conditions or lung problems and was working as a laborer laying heavy cinder blocks and doing concrete work. It is to noted that Danny Parson?s Jr., who Smith went to stay with on the night of his death, was also a patient of Dr. AVERILL at RCMG seeing her six times between February 8, 2010 to July 12, 2010 and receiving 42 prescriptions for a total of 4,560 pills and nine bottles of liquid oxycodone 20mg/mL concentrate in a 30mL bottle. Smith?s patient ?le documents that he received an MRI on February 23, 2010 and a urine test at RCMG on February 24, 2010. Predicate Incident and Counts 0 Manslaughter, 782.07(1) as to Adam Smith 0 One Predicate Incident of: Traf?cking - 893.135 oxycodone I One Predicate Incident of: Delivery - and 893.03 (4) alprazolam/Xanax 0 One Predicate Incident of: Delivery - and 893.03 delivery methadone Pag?e?.?21 brag 0 One Predicate Incident of: Delivery - and 893.03 (4) carisoprodol/Soma Other Witnesses: While RCMG was conducting business at 660 NW 40'h Avenue, Suite 1, which is described as a small u- shaped strip center of small business, one business in particular ?led a complaint to the property owners regarding the conduct of RCMG visrtors. In a letter to Topper Properties dated October 20, 2009 from Pauline Douglas, the of?ce manager of Superior Dental, Inc. located next to RCMG she stated that patients of RCMG were loitering on the premise and ?pressing their faces up against the my of?ce window and creating such an uncomfortable situation for my practice?. From the conduct of the RCMG patients Ms. Douglas became concerned for the ?safety of my patients and staff?. Jennifer Vanden-Rose (hereafter Vanden-Rose) was interviewed by DEA Task Force Of?cer (TFO) Robbie Weir in April 2011; she was a Pharmacy Technician at RCMG from January 2010 until April 29, 2010. Vanden-Rose identi?ed the following subjects as employees of the clinic; Nikhil BHASIN as part owner, Richard PHILIPOFF as part owner, Omar LORDEN as Supervisor/Manager, Carissa Johnson as Medical Assistant, Dr. AVERILL as Doctor, and a female by the name of La'Rika who worked at the front desk. Richard PHILIPOFF was the one who ordered all the narcotics from a wholesaler. Vanden-Rose stated that Dr. AVERILL was very slow and because of this, Dr. AVERILL would only see roughly 20 patients per day. This was an issue of contention with the of?ce staff because they were paid bonuses on how many patients the clinic processed per day. In Vanden-Rose?s opinion, Dr. AVERILL had a poor sense of judgment because she was prescribing too many controlled substances, sometimes up to ?ve prescriptions per patient. When Vanden-Rose told Dr. AVERILL of her concerns, Dr. AVERILL replied "you ?ll the prescriptions or you are out of a job!" Other employees at RCMG also told Dr. AVERILL to cut back on the prescribing such high dosages of medication. Vanden-Rose felt uncomfortable that a majority of the staff at RCMG had the security code to the pharmacy safe where the prescription drugs were kept. She complained to Omar LORDEN but he did nothing to correct the issue. In Vanden-Rose?s opinion, Nikhil BHASIN, Omar LORDEN, and Carissa Johnson were all addicts of prescription drugs and that lead her to have these concerns about them having access to the pharmacy without Vanden-Rose?s consent. When Vanden-Rose called in sick periodically, Nikhil BHASIN would come to the clinic and dispense controlled substances and other prescriptions from the pharmacy even though he was not a licensed pharmacy technician. Vanden-Rose stated she would ?ll the prescriptions that Dr. AVERILL would prescribe and then present them to Dr. AVERILL for her initials but she (Dr. AVERILL) did not verify the type of drug or the amount of pills were correct. It was Vanden?Rose?s opinion that one-hundred percent of the customers at RCMG were addicts and illegitimate patients and that approximately forty-percent of them were from out-of-state. Vanden-Rose stated that she had once seen a patient at RCMG who looked so high that they were about to pass out. Vanden-Rose stated that the patients of RCMG complained a lot about how long Dr. AVERILL would take with them, however they w0uld not complain about the amount of medication they were prescribed. Vanden-Rose stated that Dr. AVERILL typically would prescribe the following but not limited to: #180 pills to #240 pills of oxycodone 30mg, up to #180 pills of oxycodone 15mg, #90 pills of Alprazolam 2mg, 2 bottles of Liquid oxycodone, #30 pills of Carisoprodol, and sometimes Methadone. Vanden-Rose recalled that Nikhil BHASIN was an addict to large amounts of oxycodone and he had asked Omar LORDEN to give him #60 pills of 30mg oxycodone because he was going to New York for the weekend and needed pills to get by. Vanden-Rose stated that there was an armed security guard outside of the clinic at all times. The security guard was there for protection because the patients were addicts and would easily get upset. Page 22 of 36 Vanden-Rose stated that a visit to RCMG was $125. 00 to $250. 00, and that $50. 00 of that _money went towards the patient? 5 prescriptions if they were ?lled 1n house at RCMG dispensary. N1khil BHASIN rs the one who made this a clinic policy. Vanden-Rose stated that on her last day of employment (April 29, she and Carissa Johnson conducted a physical count of the pills and determined that the pill count was several thousand dosage units off, and that she believes it was due to other clinic employees having free access to the?pharmacy and stealing pills. Nathaniel Allen Spears stated _to DEA TFO Robbie Weir that he became a patient of RCMG sometime around November of 2009 after hearing from friends that in the ?New Times Magazine? he could ?nd pain clinics advertising that would prescribe pa1n medication. It was here he saw an ad for RCMG. which stated that the second- visit was free. This enticed Spears to want to go to RCMG because he could save money. During this period Spears admits that he was addicted to pain medication. Spears stated that during his initial visit, the clinic was empty and he could walk right in to be seen by the doctor. On Spears? second Visit (January 26, 2010) to RCMG he was seen by Dr. AVERILL and not1ced that once she came to RCMG business had picked up tremendously. Patients could be overheard talking about Dr. AVERILL always writing them exactly what they wanted and that there was an in?ux of patients from various states, to include Kentucky, Tennessee, and West Virginia. During Spears ?rst visit with Dr. AVERILL, she discussed with Spears that she felt he was not getting enough medication and immediately increased his dosages to the following; #210 of oxycodone 30mg, #180 of oxycodone 15mg, #60 of Carisoprodol 350mg, #60 of Alprazolam 2mg, and #60 of Neurontin 350mg. RCMG staff encouraged their patients to ?ll the prescriptions at the clinic, and if the clinic ran out of oxycodone Spears would utilize another pharmacies recommended by RCMG staff. Spears? patient ?le documents that betweenJanuary 26, 2010 to July 13, 2010 he had seven visits at RCMG with Dr. AVERILL and-received 39 prescriptions for a total of 4,575 pills. Melissa Ann Anglin was interviewed by DEA TFO Robbie Weir in September 2010. Anglin stated that she visited RCMG to see Dr. AVERILL but later stopped seeing her because she would increase Anglin?s dosages of controlled substances at the same time Anglin Was trying to seek treatment for her addiction to oxycodone. Anglin-stated that her visits with Dr. AVERILL were rather brief, lasting ten to ?fteen minutes and Anglin was never given a physical exam by Dr. AVERILL. Anglin summarized her interaction with Dr. AVERILL as being ?out of control? even after Anglin told Dr. AVERILL about her addiction she was ignored being told that she needed more medications. Marie Happel on March 22, 2014, was interviewed by Af?ant Schwartz regarding the overdose death of her husband Jonathan Ludwig and her contacts with RCMG. She admitted in 2010 both she and her husband were addicted to prescription pain pills. They were referred to the clinic by someone in MelbOurne, FL who'also traveled to RCMG for pain medication. Their typical visit with Dr. AVERILL lasted less than ?ve minutes. They could pay the triage nurses $50.00 to skip the urine test. Other patients in the waiting room appeared to be addicts too. Many were shaking, had tremors, and were constantly scratching themselves. One time she remembers seeing a needle in the ash tray. On May 20, 2010, she came to the RCMG one more time after her husband?s overdose death. She tells Dr. AVERILL her husband had overdosed and Dr. AVERILL asked if the police knew about her (AVERILL). Happel told Dr. AVERILL she did not say ?anything to the police, but they know your name, your name was on the prescription bottles?. Carissa Marie Johnson provided two interviews to DEA SA Joseph LaRocco in May 2010, June 2010 and your Af?ant SA Himes on April 18, 2015. Johnson stated that she was employed at RCMG as a Certi?ed Medical Assistant from October 2009 to approXimately August/September 2010. Johnson stated that Page,?23 o'_f_36' 1? each day she opened and closed the RCMG and that Dr. AVERILL would often see patients as late as 73:00 am. Johnson saw an advertisement on Craigslist for a Medical Assistant position at RCMG and spoke with Richard PI-HLIPOFF and Presmil MASSON who interviewed and hired her that same day. Johnson further stated that PHILIPOFF was the owner and supervisor of RCMG who later sold RCMG to an Indian guy, ?Nick something? (identi?ed as Nikhil BHASIN). The $200 for the ?rst visit and $150 for a follow-up visit. By Johnson?s best estimates, RCMG saw an average of 20-25 patients per day and 60 percent were from out of state. Johnson stated that the typical prescription drugs dispensed at RCMG were oxycodone 30mg and 15mg; Xanax 2mg; Soma 350mg; and antibiotics, mainly the Z-Pac. Johnson said that she would complete the DEA-222 form (required by the DEA to purchase controlled substances) for Schedule controlled substances medications and Dr. AVERILL would sign the forms. Johnson stated that she .had the combination to the large safe in the of?ce where all prescription drugs were stored. When Jennifer Vanden-Rose, the Certi?ed Pharmacy Technician was out, Johnson had dispensed pills (which she was not legally authorized to do) on several occasions at the direction of Dr. AVERILL using DR. log in code. Johnson recalled that one day she ?lled prescriptions with the assistance of Nikhil BHASIN, Richard PHILIPOFF and at the time ?owner? of RCMG. Johnson stated that 50 percent of the patients seemed to be addicts and that after Dr. AVERILL started treating them they started becoming like zombies. Johnson observed that Dr. AVERILL eventually prescribed 20ml bottles of oxycodone fast oral and Methadone to almost every patient. Johnson questioned Dr. AVERILL as to why she was prescribing Methadone and oxycodone at the same time and Dr. AVERILL yelled at her saying ?because I?m the Doctor!? Dr. AVEREL told Johnson that she had taken a class on prescribing Methadone and that it was safe to prescribe as she was doing so for ?bone pain? and when Dr. AVERILL was confronted she stated that she went to school and knew what she was doing. Johnson overheard Dr. Comely, another RCMG doctor used by the clinic owners a couple of times when Dr. AVERILL was out, say that he was "a Hospice doctor and he would not prescribe half of these meds to patients if they were dying?. As noted previously during the execution of a federal search warrant on September 28, 2010 of the former premises of RCMG a document was recovered that Johnson subsequently identi?ed as a discharge list. Johnson .stated that the list was created by the RCMG staff so they would not contact those patients to remind them, of their appointments. Several of the patients had asterisks by their name which Carissa stated this was used to denote that the patients had died. Persons noted on the list were?: Brian Moore, overdosed on anuary27 2010; Mathew Koutouzis, overdosed January 31, 2010; Keith Hammond, overdosed March 23, 2010; Sally Dykes? overdosed June 13, 2010; Katrina Clark, overdosed June 21, 2010; Adam Smith, overdosed June 22, 2010 and Richard Wierzba, who was murderedon May 17, 2010, in what Miramar Police believed to have been a botched drug deal. MEDICAL REVIEW EXPERT ANALYSIS . Reuben M. Hoch, MD a Board Certi?ed Pain Medicine/Anesthesiology reviewed materials pursuant to AVERILL, MD operating as a physician at RCMG. He also reviewed materials of undercover surveillance reports, undercover video and audio recordings, undercover patient 'charts, Medical Examiners and toxicology reports. Page 24~of:3& Af?ant Himes provided 62 random patient ?les to Dr. Hoch, seized from RCMG for his professional review. The original patient ?les were selected from approximately every 25?h ?le out of a list of 846 ?les to include ?les from undercover agents, nine deceased patients and associates who traveled with the deceased patients to RCMG to obtain prescriptions for controlled substances. Following the review of the undercover DEA patient ?les, Dr. Hoch reported that in 1113 professional opinion it was clear that the agent?s received controlled substances without legitimate medical necessity. a. Review of 62 Random Patient Files Of the 62 patient ?les reviewed by Dr. Hoch the patients ranged in age from 19 to 63 with the vast majority of patients being in their 205 to 405. Out of the 62 patients, 34 travelled great distances within Florida (approximately more than 200 miles) to receive treatment at RCMG. The majority of these patients were treated by Dr. AVERILL. Other physicians also treated some of the patients during visits to RCMG. The distant Florida cities consisted of Palm Bay, Haven, Melbourne, Vero Beach, and Jacksonville to name a few. Out of these 62 patients, only 10 came from the Dade, Broward or Palm Beach tri-county area. Approximately 16 patients came from out of state such as Tennessee, New Jersey, Kentucky and West Virginia, with the greatest distance from Ohio of approximately 1,100 miles. For illustration purposes, Dr. Hoch discussed the patient Rhonda Ruark who on January 7, 2010, visited Dr. AVERJLL at RCMG. Ms. Ruark, a 50-year-old female from Louisville, Kentucky who presented with a chief complaint of neck pain, low back pain and knee pain due to a motor vehicle acc1dent in 1999. Dr. Hoch noted that the patient ?le did not indicate that a physical examination was ever conducted or a treatment plan was discussed other than prescription of controlled substances. From this visit Dr. AVERILL prescribed Ms. Ruark oxycodone #180 30mg, one bottle of liquid Roxicodone 20mg/30mL, methadone #180 10mg, #70 Xanax 2mg, #90 Soma 350mgand Celebrex #30 200mg. Dr. Hoch stated that there was no documentation as to the rational reason supporting Dr. decision to continue opioids and benzodiazepines. On February 10, 2010, Ms. Ruark returned for her second visit and the patient ?le does not indicate that a physical examination was performed. Dr. Hoch indicated that there was no extensive discussion with the patient regarding her current diagnosis nor were there any referrals made to any other specialists such as physical therapy, neurology, orthopedics, interventional pain medicine or surgery in an attempt to de?nitively diagnose and treat Ms. Ruark?s problem. On this date of service, the patient received 30mg oxycodone #210, which represented a 30 pill increase as compared to January 7, 2010, the addition of 15mg oxycodone #150 which was not prescribed January 10mg methadone #180, 2mg Xanax #90 which was a 20-dose-unit increase in comparison to her visit of January 200mg Celebrex #30. On June 10, 2010, the patient returned for her third visit, this represented a 4-month gap in care. A urine drug screen was not performed on this date of service. Dr. Hoch reported that there were not any questions documented as to why the patient had not appeared for follow-up in four months, how she functioned without medication, nor was there any inquiry at any time regarding the necessity to travel from Louisville, Kentucky to Plantation, Florida to see Dr. AVERILL. During this vrsit Ms. Ruark received six prescriptions for oxycodone #210 30mg, oxycodone #150 15mg, 450ml of Promethazine 6.25mg/5ml, methadone #180 10mg, #90 Xanax 2mg and Celebrex #30 200mg. Page 25 of 36 On July 12, 2010, Ms. Ruark was seen by Dr. AVERILL for her last visit. Once again Dr. Hoch questioned why no physical examination was performed and no rational explanation was documented as to continue opioid treatment. There were no recommendations for any other form of treatment was made to the patient. Ms. Ruark received oxycodone 30mg #240 which is a 30-dose-unit increase in comparison to 6/10/10. No rationale was given for the increase of a 30-dose-unit increase for both oxycodone 30mg and oxycodone 15mg in comparison to her visit on June Once again, there was no indication as to why the increase. Methadone 10mg #180, Soma 350mg #30 and Xanax 2 mg #90 were also prescribed. There also was no documentation for the addition of Soma 350mg #30 nor was there a documented discussion with the patient regarding the serrousness of these medications and how to safely take them, which was a great concern to Dr. Hoch. Nowhere in the chart Dr. Hoch see that there was an extensive discussion with the patient regarding the utilization of opioids, benzodiazepines and muscle relaxants and the serious danger of the combination. That being potentially deadly side effects of high dose of opioids and benzodiazepines and how complications such as respiratory depression, urinary retention and constipation can occur through the chronic utilization of these classes of agents. Clearly the potential for tolerance and addiction are great and Dr. Hoch did not sense any concern from Dr. AVERILL regarding the administration of these medications over a long period of time and what this could mean for this patient. Nor did it appear that there was a discussion regarding the concern by Dr. AVERILL regarding the potential for drug diversion. Patients receiving these medications should constantly be monitored through urine drug screening to be absolutely certain that they are taking their prescribed medications and therefore he reiterated the fact that the patient?s urine drug screen was only positive for benzodiazepines on 1/17/10 at the time of her initlal consultation. This was a red flag for Dr. Hoch, indicating that the patient could have potentially been diverting the oxycodone and OxyContin that she received from Medix Urgent Care in Oakland Park, Florida. Equally disturbing was the four month gap in care from 2/2/10 to 6/2/10. This gap warranted a urine drug screen on each visit to determine if the patient was receiving controlled substances from another practitioner. Dr. l-Ioch stated that such conditions as neck and low back pain due to a motor vehicle accident can be managed through many other means such as physical therapy, anti-in?ammatories and education regarding modi?cation of activity. He further stated that in many cases, patients with a longstanding history of post?motor vehicle accident pain who are resistant to conservative treatment can and should be referred out for physical therapy or seen by medical specialists such as physiatrists, orthopedists, interventional pain anesthesiologists, neurologists and surgeons when appropriate. Dr. Hoch?s professional opinion is that it is the duty of any physician engaged in the management of patients in pain to provide them with the appropriate guidance and keep them out of harm?s way. Dr. Hoch indicated that Ms. Ruark case is a classic example of the unimodal type of medicine provided by Dr. AVERILL at RCMG. In all of the charts that Dr. Hoch reviewed, he noted that regardless of the patient?s complaints, they were always given prescriptions for copious amounts of opioids, benzodiazepines and muscle relaxants. All of the patients paid the clinic in cash and the clinic did not participate with any health insurance plans. If an insured patient received these types of medications, Dr. Hoch noted, it would become a source of concern for the insurance carrier, who may, question the prescribing physician for the continued prescription and combination of medications such as opioids, benzodiazepines and muscle relaxants. Dr. Hoch understood that RCMG provided service as a business in which patients regardless of their issue paid money to Page 26 of 36 . ?er receive whatever prescription that they would like. To Dr. Hoch this clearly exempli?ed that a majority of patients who came from great distances both in the State of Florida as well as out-of-state. Ms. Ruark?s chart indicates several red ?ags; namely, the fact that she travelled from Louisville, Kentucky to Plantation, Florida to see Dr. AVERILL at RCMG. It is not reasonable for a patient to travel such a great distance for their medical care. There is no documentation as to how the patient travelled from Louisville, Kentucky to Plantation, Florida. It would be of great? concern to him as a Board?certi?ed anesthesiologist and pain specialist to think that a patient would be in their automobile for such a great distance while taking such high dosages of opioids, benzodiazepines and muscle relaxants. b. Conclusion Nine patients seen by Dr. AVERILL at Real Care Medical Group unfortunately lost their lives. In most cases-this wasrdug to multiple drug toxicity. Dr. Hoch?s professional opinion as a ellowship-trained pain specialist, Board Certi?ed by the American Board of Anesthesiology with additional quali?cation in pain medicine, Dr. AVERILL did not prescribe opioids and benzodiazepines for a legitimate medical purpose. Her indiscriminate utilization of these serious medications clearly led to the untimely death of nine of her patients. Analysis of the patient charts, undercover ?les and death certi?cates indicate that Dr. AVERILL did not perform her tasks as (a pain physician within the usual course of medical practice. She did not follow any of the recommended medical guidelines set forth for any physician who takes it upon themselves to manage patients with basic pain conditions such as neck and low back pain. He additionally opined that the concomitant administration of opioids and benzodiazepines can cause great potentiation of opioid-based complications such as respiratory depression, somnolence, urinary retention, nausea and vomiting. In particular, one of the most serious complications of opioids, namely respiratory depression, can signi?cantly be increased through the administration of benzodiazepines and muscle relaxants. The dosages of the medications that Dr. AVERILL utilized would more likely be seen in patients with chronic disabling conditions such as metastatic cancer, rheumatic diseases and traumatic injuries. One would not expect young patients as Dr. AVERILL saw at RCMG to require such high doses of these medications. In Dr. Hoch?s eXpert ppinion, Dr. AVERILL practiced medicine in a reckless manner and her indiscriminate prescribing methods contributed to the deaths of nine patients. FINANCIAL RECORDS REVIEW Detective B. Stephenson of the Broward County Sheriff?s Of?ce-Strategic Investigations Division conducted a review of the ?nancial records pertaining to Real Care Medical Group, Inc., Central Florida Wellness Clinic, Rapid Treatment Solutions and Liberty Medical Group. All of the foregoing were pain clinics operated or controlled by Richard T. PHILIPOFF and Calvin M. BYNUM and Nikhil S. BHSIN and Presmil J. MASSON Jr. The purpose of the ?nancial records review was to determine if ?transactions?, ?nancial or otherwise, were in violation of the Federal or Florida Money Laundering Act ?896. 101 and Structuring Transactions to Evade Reporting or Registration Requirements ?896.104 were conducted. All amounts re?ected below are approximate amounts. Pag??izr 6f 36 Detective Stephenson was able to link several targets of this investigation to the four pain clinics. These four clinics operated within an overlap of time with monies being transferred from one clinic to another and large sums being paid to owner/managers either directly or through alternative corporation accounts controlled by them to wit: Inc., BSN Consulting, LLC, BYNUM Marketing, Inc., Brevard Lawn and Tree Services, Inc. and 22?d Nation Consulting. The four clinics did not accept insurance payments for services rendered, rather they collected cash payments and made cash deposits into the bank account. Corporations Bank Account Review 1. Real Care Medical Group. Inc. was a Florida corporation opened on September 1, 2009, by Richard PHILIPOFF (Registered Agent) and Dlana PPHLIPOFF (Director) as initial of?cers of the corporation and business address listed as the residence of the at 1370 Berryhill Dr., Melbourne, FL 32935. The physical address of the clinic was 660 North State Road 7, Suite 1, Plantation, Florida 33317. On September 29, 2009, Richard PHILIPOFF and Calvin BYNUM established an account with Bank of America (BOA) in the name of RCMG under account number, with PHILIPOFF and BYNUM as authorized signatories. On June 11, 2010, Nikhil BHASIN became the listed Registered Agent and President of RCMG and the corporation?s business address was changed to 333 Las Olas Way, Suite 2305, Ft. Lauderdale, FL 33301, (a luxury high rise condo building) but the clinic remained in Plantation. On March 2010, the BOA account number authorized signatories changed to Richard PHILIPOFF, Presmil J. MASSON Jr., and Nikhil BHASIN. From September 2, 2009 to August 5, 2010, RCMG BOA account received $1,147,324 with 150 cash deposits amounting to $1,115,792. BOA records indicated that Richard PHILIPOFF and PHILIPOFF, Inc. received 23 payments from RCMG between September 15, 2009 to June 29, 2010 for a total of $114,377. The largest payment was on March 15, 2010 for $26,000. Between November 16, 2009 to February 2, 2010, RCMG BOA paid 22nd Nation Consulting, which is in the name of Presmil MASSON, four checks for a total of $2,200 and notated as ?compliance?. Control Based on a review of BOA Currency Transactions Reports (CTR), which reports are only issued in connection with deposits in excess of $10,000, persons making cash deposits into RCMG BOA account includes: Calvin BYNUM: January 14, 2010 for $13,900 Richard February 9, March 3 and 18, 2010 for $49,010 Omar LORDEN: April 7, 9, 15 and 19, 2010 for $59,450 Keith PETNEL: A 22 deposits were made from April 22, 2010 to July 1, 2010 for $307,570 Unknown depositors some making ATM cash deposits for a total of $92, 775 Many of the deposits to this account were made at night deposit drop boxes With no notations as to the depositor, according to Carissa Johnson. She stated that typically the daily cash was picked up by the manager for that day and deposited each night. Further review of the last checks written by the targets on the RCMG BOA account indicates their controlling interest in RCMG: Page 28 of 36 Calvin BYNUM 3/15/2010 to Sunrise Wholesales, Inc. (controlled substances) for $2,744 Nikhil BHASIN 9/10/2010 payroll check to Maria Thomas for $600 Richard PHILIPOFF - 9/15/2010 rent for RCMG of?ce for $2,289 The RCMG bank records document that RCMG made one deposit into the Rapid Treatment Solutions BOA. . .4480 account for a total of $7,680. From April 9 to May 13, 2010, Nikhil BHASIN had four American Express accounts in his name and he paid the statements from the RCMG BOA account - for a total of $44,118. On May 21, 2010, BSN Consulting LLC., which is in the name of Nikhil BHASIN controlled corporate entity and bank accounts, received a cashier check for $45,000 from the RCMG. Between December 24, 2009 and March 1, 2010, Omar LORDEN received three checks from for a total of $1,550 and one check from Liberty Medical on August 7, 2010 for $800. Calvin BYNUM and BYNUM Marketing Inc. received a total of ?ve checks from RCMG between the dates of October 26, 2009 to March 16, 2010 for $25,500. A check from Calvin BYNUM was written to RCMG on February 25, 2010 for $5,000. Central Florida Wellness Clinic (CFWC), LLC was incorporated with the State of Florida on December 14, 2009. The name of 22nd Nation Consulting, LLC with Presmil J. MASSON Jr., was identi?ed as the Registered Agent and Manager, conducting business at 12908 Entrada Drive, Orlando, Florida 32837. In March 2010, Presmil MASSON Jr. became an owner and/or director of RCMG. On April 9, 2010, state documents show that Amit Shoor was added as the Registered Agent and Managing member of CFWC with the corporation ?business address? changed to 333 Las Olas Way, Suite 2305, Ft. Lauderdale, FL 33301 (luxury high rise condo building and address also listed with the Department of State as the last address for RCMG) with the clinic remaining in Orlando, FL. On April 22, 2011, Amit Shoor ?led Articles of Dissolution. MASSON, Omar LORDEN, Mercier and McKee opened a total of seven bank accounts, all in the name of CFWC. What follows is a summary of the individual Wachovia bank accounts created by Presmil Masson Jr. and others for CFWC. (3.) Account Matthew C. McKee and Presmil J. MASSON Jr. were identi?ed as signatories on this account. This account received $227,451 in deposits; of that $206,935 was cash and $20,487 in transfers from other CFWC Wachovia accounts. Account MASSON Jr. and Omar LORDEN were identi?ed as signatories on this account. This account received $10,101. Other than the $100 dollars to open the account and interest credit a $10,000 cash deposit by Presmil J. LORDEN, Jr. was placed in the account. Account Presmil J. MASSON Jr. was the sole signatory on this account. This account received $89,333 in deposits. Presmil J. MASSON Jr. deposited $72,922 in cash which was traced to a debit ?om account ending in -. Another $10,610 came from other Central Florida Wellness Clinic Wachovia accounts. Account Presmil J. MASSON Jr. was the sole signatory on this account. This account received $20,090 in deposits of that $19,990 were cash deposits. Page 29 of 36 Account Presmil J. MASSON Jr. and Junior Mercier were identi?ed as signatories on this account. This account received $28,016 in deposits; of that $9,000 dollars were cash deposits. The bulk of the remaining deposits amounting $18,952, were from transfers from other CF WC Wachovia accounts. Account Presmil J. MASSON Jr. was the sole signatory on this account. This account received a total of $12,100 dollars from three transfers from other CFWC Wachovia accounts. Account Presmil J. MASSON Jr. and Junior Mercier were identi?ed as signatories on this account. This account received $45,434 in deposits of that $45,319 were from transfers from other CFWC Wachovia accounts. 3. Liberty Medical Group, LLC (LMG) was incorporated on December 21, 2009, by Nikhil BHASIN as the managing member and registered agent. The physical location for the clinic was at 2105 Park Street, Suite D, Jacksonville, FL. The corporation ?led for dissolution on September 24, 2010. The business did not accept insurance payments and dealt primarily in cash. On June 26, 2010, Nikhil BHASIN opened a Wachovia Bank account number of in the name of LMG the authorized signatory was Nikhil BHASIN, who is in the bank records as the owner. From April 28, 2010 until May 30, 2014, LMG received $1,168,328 in deposits; of that $1,112,315 were cash deposits. Cash deposits into LMG bank account. . . 7230: Amit K. Shoor made eight deposits for $237,470 0 Brian S. K0 made one deposit on September 22, 2010 for $63,000 in cash 0 Omar LORDEN made 19 deposits between May 19, 2010 to August 27, 2010 for $630,930 cash I Richard PHILIPOFF made 2 deposits on July 2 and September 20, 2010 $68,000 in cash 0 Unknown Person(s) deposited and $112,915 in cash $1,112,315 Between May 25, 2010 to September 29, 2010, PHILIPOFF Inc, received seven check totaling $242,000 for ?consulting fees? from the LMG Wachovia account. ..7230. Between June 16, 2010 to October 5, 2010, BSN Consulting (Nikhil BHASIN) received ?ve checks and transfers from LMG for $325,000 from account. . .7230. On April 28, 2010, LMG received two checks from RCMG for a total of $2000. On May 3, 2010, LMG received one payment for $10,000 from CFWG. 4. Rapid Treatment Solutions, Inc. (RTS) was incorporated on October 29, 2009, by Anthony Granato. On November 6, 2009, BOA bank account was opened with signatory authorization by Granato, President and Richard PPHLIPOFF as manager. The corporation was dissolved on September 23, 2011. The physical address of the clinic was at 2447 Quantum Blvd., Boynton Beach, Florida 33426. According to a sworn statement from Carissa Page 30 of 36 On December 29, 2009, Diana PHILIPOFF received check #1006 from the RTS BOA account. . .4480 for $230 signed by Richard PHILIPOFF. The last check he wrote was on May 21, 2010 to Reeshena Moss for her salary. Richard PHILIPOFF wrote a total of 43 checks for a total amount of $156,537, from March 13, 2010 to May 3, 2010. Carissa Johnson stated that Richard PHILIPOFF was splitting his time to managing both RCMG and RTS. From March 13, 2010 to May 3, 2010, the PHILIPOFF Inc. BOA received eight checks, signed by Richard PHILIPOFF or Anthony Granato, from the RTS BOA account. . .4480 for a total of $51,956. The check?s indicated they were for PHILIPOFF, Inc. ?Management Fees?. Presmil company, 22nd Nation Consulting, received two checks from the RTS BOA bank account. . .4480 for a total of $1,000 signed by Granato and on the check it is notated ?compliance?. On March 21, 2010, RTS received a cash deposit for $7,680 from RCMG. . PHILIPOFF Inc. was a Florida corporation opened on January 25, 2010, by Diana PHILIPOFF, acting as the President and Cory Miller as registered agent. The corporation went inactive on September 23, 2011 for failure to ?le an annual report. PHILIPOF F, Inc. opened a BOA account number on February 19, 2010, with Diana PHILIPOFF as the authorized signatory. The PHILIPOFF, Inc. bank account. .5375 received 28 deposits for a total of $482,030 0 Central Florida Wellness Clinic, LLC issued two checks to PHILIPOFF, Inc. for $27,000 0 Liberty Medical Group, LLC issued seven checks to PHILIPOFF, Inc. for $242,000 0 Rapid Treatment Solutions issued eight checks to PHILIPOFF, Inc. for $45,750 0 Real Care Medical Group, Inc. issued six checks to PHILIPOFF, Inc. for $77,000 0 Nikhil BHASIN issued one cashier?s check to PHILIPOFF Inc. for $55,000 0 BSN Consulting (Nikhil BHASIN) issued checks to PHILIPOFF, Inc. for $22,000 Diana PHILIPOFF issued checks to herself or made withdrawals from the PHILIPOFF Inc. amounting to $31,866. She also transferred $236,767 to her personal BOA Richard PHILIPOFF was issued three checks from PHILIPOFF Inc. amounting to $20,505. Diana PHILIPOFF issued check number, 1005 from account. . .5375 in the amount of $5,000 dollars to Prestige Title that was marked ?Escrow?. On August 24, 2010, Diana PHILIPOFF used her personal BOA to obtain a cashier?s check (Diana was the remitter) from BOA for $188,642 which was made payable to Prestige title. This amount was then used to close a real estate transaction with Prestige Title for the purchase of a residence located at 2760 Street Melbourne, Florida that was valued at $195,000 dollars. A ?Warranty Deed? for the residence was issued to Diana PHILIPOF F, a married woman. Brevard Lawn Tree Service, Inc. was incorporated in Florida on August 18, 2010 with Diana PHILIPOFF as the registered agent and director and the principal address of the business at 1370 Berry Hill Drive, Melbourne, Florida (the then residence of Richard and Diana PHILIPOFF). The corporation went inactive on September 23, 2011 for failure to ?le an annual report. Page 31 of 36 Brevard Lawn Tree Service, Inc. maintained a BOA account number with Diana PHILIPOF the authorized signatory. On October 15, 2010, the Brevard Lawn account. . .- wrote check #1016 for the rent of RCMG from account. . .- signed by Diana PHILIPOFF. Both Diana PHILIPOFF and Richard PHILIPOFF, signed checks from issued to Diana. Account. . .4862 received $35,938 in deposits in which $29,275 was transferred by Diana from the PHILIPOFF Inc, BOA Minimal deposits and debits were found that might be related to actual lawn care services from These debits were used to pay salary, rent, and for other landscaping needs or services. The following Structuring Transactions are in violation of Federal 31 U.S.C. ?5324(a)(d) and Florida ?896.104. COUNT DATE SUSPECTS DESCRIPTION 1 11/18/2009 $4,020.00 Richard PHILIPOFF Two cash deposits into Real Care Medical $8,450.00 Calvin BYNUM Group Inc. Bank of America account ending in 7052 2 1/1 1/2010 $780.00 Richard PHILIPOFF Four cash deposits, three by way of ATM into $1000.00 Calvin BYNUM Real Care Medical Group Inc. Bank of $3,900.00 America account ending in - $8,200.00 3 1/ 19/2010 $1,840.00 Richard PHILIPOFF our cash deposits by way of ATM into Real $2,160.00 Calvm BYNUM Care Medical Group Inc. Bank of Amenca $2,180.00 account ending in - $3,100.00 4 1/21/2010 $9,050.00 Richard PHILIPOFF Cash deposit mto Real Care Medical Group Calvin BYNUM Inc. Bank of America account ending 1n - i? 5 1/22/2010 $9,690.00 Richard PHILIPOFF Cash deposit into Real Care Medical Group (9,690.00) Calvm BYNUM Inc. Bank of America account ending in - 6 1/25/2010 $6,700.00 Richard PHILIPOFF Two cash deposits, one by way of ATM 1nto $7300.00 Calvin BYNUM Real Care Medical Group, Inc. Bank of Amenca account ending in - 7 2/10/2010 $9,000.00 Richard PHILIPOFF Cash deposit into Real Care Medical Group Calvin BYNUM Inc Bank of America account ending in - 8 2/ 16/2010 $9,854.00 Richard PHILIPOF Cash deposit into Real Care Medical Group Calvin BYNUM Inc. Bank of Amenca account ending in - 9 2/ 1 7/2010 $800.00 Richard PHILIPOFF Two cash deposits by way of ATM mto Real $8,980.00 Calvin BYNUM Care Medical Group, Inc. Bank of America account ending in - 10 2/22/2010 $9,000.00 Richard PHILIPOF Cash deposit into Real Care Medical Group $8,940.00 Calvin BYNUM Inc. Bank of America account ending in - 11 2/24/2010 $9,500.00 Richard PHILIPOFF Cash deposit into Real Care Medical Group Calvin BYNUM Inc. Bank of America account ending in - 12 2/26/2010 $3,080.00 Richard PHILIPOFF Two cash deposits by way of ATM into Real $6,311.00 Calvm BYNUM Care Medical Group, Inc. Bank of Amenca account ending in - 13 3/3/2010 $9,018.00 Richard PHILIPOFF Cash deposit into Real Care Medical Group Calvin BYNUM Inc. Bank of America account ending in - 14 3/8/2010 $2,300.00 Richard PHILIPOFF Three cash deposits by way of ATM into Real $2,630.00 Calvin BYNUM Care Medical Group Inc. Bank of America $4,325.00 account ending in - 15 3/10/2010 $9,978.00 Richard PHILIPOFF Cash deposit into Real Care Medical Group Page 32 of 36 Inc. Bank of America account ending in 7052 Calvm BYNUM 16 3/15/2010 $7,680.00 Richard PHILIPOFF Two cash deposits into Real Care Medical $7,965 00 Presmil J. MASSON, Group Inc. Bank of Amenca account ending Jr. in 7052 Nikhil BHASIN 17 4/29/2010 $10,000.00 Matthew C. McKee Cash deposit into Central Fla. Wellness Clinic Presmil J. Mason, Jr. Wachovia Bank account ending in - 18 4/7/2010 $2,535.00 Matthew C. McKee Four cash deposits into Central Fla. Wellness $3,285.00 Presmil J. MASSON, Clinic Wachovia bank account ending in - $4,550.00 Jr. $4,775.00 19 . 4/ 16/2010 $2,530.00 Matthew C. McKee Four cash deposrts into Central Fla. Wellness $2,990.00 Presmil J. MAS SON, Clinic Wachovia bank account endmg 1n - $3,125.00 Jr. $4,950.00 20 4/21/2010 $4,410.00 Matthew C. McKee Two cash deposits into Central Fla. Wellness $5,275.00 Presmil J. MASSON, Clinic Wachovra bank account ending in - Jr. 21 4/28/2010 $4,550.00 Matthew C. McKee Two cash deposits into Central Fla. Wellness $6,625.00 Presmil J. MASSON, Clinic Wachovia bank account ending in - Jr. 22 5/6/2010 $6,260.00 Matthew C. McKee Two cash deposits into Central Fla. Wellness $6,450.00 Presnnl J. MAS SON, Clinic Wachovia bank account ending in 0401 Jr. 23 5/ 14/2010 $3,795.00 Matthew C. McKee Three cash deposits into Central Fla. Wellness $5,790.00 Presmil J. MASSON, Clinic Wachovra bank account ending - $6,100.00 Jr. 24 5/ 19/2010 $6,025.00 Matthew C. McKee Two cash deposits into Central Fla. Wellness $6,949.75 Presmil J. MASSON, Clinic Wachovia bank account endmg in 0401 Jr. 25 5/27/2010 $6,050.00 Matthew C. McKee Two cash deposits into Central Fla. Wellness $6,300.00 Presmil J. MASSON, Clinic Wachovia bank account ending in - Jr. 26 6/8/2010 $9,600.00 Matthew C. McKee Cash deposit into Central Fla. Wellness Clinic Presmil J. MASSON, Wachovia bank account ending in - Jr. 27 6/9/2010 $9,950.00 Matthew C. McKee Cash deposit into Central Fla. Wellness Clinic Presmil J. MASSON, Wachovia bank account ending in - Jr. 28 6/ 16/2010 $9,600.00 Matthew C. McKee Cash deposit into Central Fla. Wellness Clinic Presmil J. MASSON, Wachovia bank account ending in - Jr. 29 8/3/2010 $4,385.00 lehll BHASIN Four cash deposrts into Central Fla. Wellness $5,130.00 Matthew C. McKee Clmic., Inc. Chase bank account ending in $6,575.00 3195 $7,875.00 30 8/9/201 $2,580.00 Nikhll BHASIN Three cash deposits mto Central Fla. Wellness $5,950.00 Matthew C. McKee Clmic., Inc. Chase bank account ending in $8,200.00 3195 31 8/13/2010 $3,900.00 Nikhil BHASIN Four cash deposrts into Central Fla. Wellness $8,000.00 Matthew C. McKee Clinic, Inc. Chase bank account ending in $8,400.00 3195 Page '33 0(36 $8,600.00 32 8/ 1 7/2010 $2,300.00 Nikhil BHASIN Three cash deposrts into Central Fla. Wellness $2,750.00 Matthew C. McKee C11mc., Inc. Chase bank account ending in $4,300.00 3195 33 8/31/2010 $5,325.00 Nikhil BHASIN Two cash deposrts into Central Fla. Wellness $5,536.00 Matthew C. McKee Clinic, Inc. Chase bank account ending in 3195 34 9/7/2010 $5,079.00 Nikhil BHASIN Three cash deposits into Central Fla. Wellness $6,852.00 Matthew C. McKee Clinic, Inc. Chase bank account ending in $7,525.00 3195 . 35 9/ 13/2010 $7,175.00 Nikhil BHASIN Three cash deposits into Central Fla. Wellness $7,451.00 Matthew C. McKee Clinic, Inc. Chase bank account in $7,808.00 3195 36 9/23/2010 $5,475.00 Nikhil BHASIN Three cash deposits mto Central Fla. Wellness $6,500.00 Matthew C. McKee C1in1c., Inc. Chase bank account ending in $7,591.00 3195 37 9/30/2010 $5,051.00 Nikhil BHASIN Four cash deposits into Central Fla. Wellness $6,850.00 Matthew C. McKee Clinic, Inc. Chase bank account ending in $6,960.00 3195 $6,970.00 The following Money Laundering violations in violation of Federal 18 U.S.C. ?1956 or and Florida Statute ?896.101 were identi?ed. 2/18/2010 $92,922.40 Presmil Masson, Jr. On 2/18/2010, $99,000.00 was transferred into Central Fla. Wellness Wachovra acct ending in 3690 by Renu Saggar ?'om Toronto; Dominion Bank via WachOvra Bank for the purchase of shares. On 2/ 18/2010, Presmil J. Masson,,Jr. debited $92,922.20 from Wachovia acct ending in - and then deposrted $72,922.40 into Central Fla. Wellness Climc Wachovia acct ending -. 2/18/l2010 $72,922.40 Presmil J. Masson Jr. Nikhil Bhasin On 2/18/2010, $72,922.40 cash was deposrted into Central Fla. Wellness Clinic Wachovia acct ending in -. 2/18/2010 $10,000.00 Presmil J. Masson Jr. $10,000.00 cash deposrt into Central Fla. Wellness Clinic Wachovra acct ending in 3/25/2010 $5,000.00 Presmil . Masson, Jr. Amit K. Shoor Presmil J. Masson, Jr. transferred $5,000.00 ?'om the Central Fla Wellness Clinic Wachovia acct ending in - to Amit K. Shoor at Bank of America 4/6/2010 $5,101.49 Presmil J. Masson, Jr. Presmil J. Masson, Jr. withdrew this amount from the Central Fla. Wellness Clinic Wachovia acct ending in - 4/26/2010 $10,500.00 Presmil J. Masson, Jr. . Junior Mercier Transfer of $10,500.00 from Central Fla. Wellness Clinic Wachovia acct ending in 0401 into Central Fla. Wellness Clinic acct ending in 2838 ,irr Page ?34 of 36- 7 4/26/2010 $10,500.00 Presmil J. Masson, Jr. Withdrawal of $10,500.00 by Amit K. Shoor Amit Shoor from Central Fla. Wellness Clinic Wachovia acct ending in 2838 8 5/3/2010 10,000.00 Presmil J. Masson, Jr. $10,000.00 transfer in from Central Fla. Junior Mercier Wellness Clinic Wachovia acct ending in - and then check# 1010 for $10,000.00 was issued to Liberty Medical Group and depos1ted into Wachowa acct ending in -. 9 8/20/2010 $13,000.00 Amit K. Shoor Liberty Medical Group, LLC wire transferred Nikhil Bhasin $13,000.00 from Wachovia acct ending in - to Central Fla. Wellness Clinic Chase acct ending in 3195. Funds derived from cash deposits 10 8/20/2010 $185,000.00 Amit K. Shoor Liberty Medical Group, Inc. Wire transferred Nikhil Bhasin $185,000.00 from Wachovia acct ending in - to BSN Consulting, LLC and acct ending in 3371 at Chase Bank. Funds derived from cash deposns. 11 2/24/2010 $12,000.00 Presmil Masson Jr. Check# 1026 for $12,000 from Central Fla. 6/29/2010 $15,000.00 Junior Mercier Wellness Clinic Wachovia acct ending in Richard Philipoff 0401. Check# 1149 for $15,000 from Central Fla. Wellness Clinic WachOVia acct ending in - 12 5/24/2010 $3,000.00 Nikhil Bhasin Seven checks issued to Philipoff, Inc. by 6/29/2010 $36,000.00 Amit K. Shoor Liberty Medical Group, LLC and are the 7/7/2010 $50,000.00 Richard Philipoff proceeds of cash deposits into Liberty 8/ 16/2010 $65,000.00 Medical Group, LLC Wachovia acct ending 8/24/2010 $23,000.00 in 7230. 8/30/2010 $30,000.00 9/29/2010 $35,000.00 13 3/15/2010 $7,000.00 Anthony Granato Eight checks issued by Rapid Treatment 3/22/2010 $4,500.00 Richard Philipoff Solutions, Inc. (Anthony Granato) to 3/30/2010 $8,000.00 Philipoff, Inc. 4/8/2010 $7,500.00 4/19/2010 $5,000.00 4/19/2010 $7,000.00 5/14/2010 $5,750.00 6/29/2010 $1,000.00 14 2/22/2010 $9,000.00 Richard Philipoff Six checks issued by Nikhil Bhasin or 3/1/2010 $10,000.00 Nikhil Bhasin Richard Philipoff to Philipoff, Inc. from Real 3/8/2010 $12,000.00 Care Medical Group, Inc. Bank of America 3/ 15/2010 $26,000.00 account ending in - and are the proceeds 4/5/2010 $10,000.00 of cash deposus into the account. 6/29/2010 $10,000.00 15 8/30/2010 $2,000.00 Richard Philipoff Four bank transfers from Philipoff, Inc. Bank 10/1/2010 $15,000.00 of America acct ending in - to Brevard 10/20/2010 $12,000.00 Lawn Tree Service, Inc. Bank of America 12/2/2010 $300.00 acct ending in - 16 4/5/2010 $15,248.00 Diana Philipoff Check# 1035 issued to Country Club Motors for the purchase of a 2006 Mercedes Benz CLS 55 car from Philipoff, Inc. Bank of America acct ending in -. 17 4/9/2010 $2,483.67 Diana Philipoff Nine checks issued by Diana Philipoff to 4/23/2010 $2,483.67 herself from the Philipoff, Inc. Bank of Page 35 of 36 Emma Comparison of Oxycodone Purchases by PractitiOners January7, 2010- -July 31, 2010 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 a . I Number of Practitioners: (4) (533) (1,969) DOSAGE UNITS PURCHASED lDr. Averill, MD EIZIP Code 33317 Average UFL Average EIU.S. Average SoLIrce; ARCOS Drug Enforcement AdmInIstratIon, Of?ce of DIverSIon Control, PharmaceutIcal InvestIgations SectIon, Targ?tmg and Analysis Unit Date Prepared: 4/28/2015 \CmeQ 5/14/2010 $2,853.88 America account endmg 5375. All were 5/24/2010 $3,518.15 depos?ed into Bank of America account 6/7/2010 $1,323.42 ending in 9353 at Bank of America in the 6/22/2010 $2,853.88 name of Diana Philipoff. Funds are the 7/2/2010 $4,836.31 proceeds from Liberty Medical Group, LLC, 8/16/2010 $2,853.88 Rapid Treatment Solutions, Inc. 9/16/2010 $918.50 Central Fla. Wellness Clinic, and Real Care Medical Group, Inc. 18 4/29/2010 $1,000.00 Diana Philipoff Two transfers ??om Philipoff Inc. Bank of 8/23/2010 $235,767.99 Richard Philipoff America account ending in - and transferred to Bank of America account ending in - in the name of Diana Philipoff. The funds are the proceeds from Nikhil Bhasin. BSN Consulting, LLC, Liberty Medical Group, LLC, Rapid Treatment Solutions, Inc. and Real Care Medical Group, Inc. 19 8/2/2010 $5,000.00 Diana Philipoff D1ana Philipoff issued check# 1044 for 8/24/2010 $188,642.88 Richard Philipoff $5,000.00 to Prestige Title and was marked ?Escrow? On 8/24/10, she then purchased a Bank of America cashier?s check for $188,642.88. Both were used to purchase real estate on 8/25/2010 located at 2760 St. Melbourne, FL. I swear the ab statement is correct and true to the best of my knowledge and belief. C. ecial Agent Jeffrey c. Himes, Af?ant U.S. Drug Enforcement Administration Date signed: May 9, 2015 I swear the above statement is correct and true to the best of my knowledge and belief. Date signed: May 16 ,2015 Detective Willia rtz, Af?ant Broward County Deputy Sheriff I swear the above statement is correct and true to the best of my knowledge and belief. Xu% M?s/?e Diversion Investigator Victoria McRae, Af?ant U. S. Drug Enforcement Administration Date signed. May 2,2 2015 M272 cmcun/ COURT JUDGE State of Florida, Broward County Date signed: Mayglg ,2015 Page 36 of 36 SORWQ IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA STATE OF FLORIDA CASE NO.: Plaintiff, JUDGE: $096!? 61/ VS. OSP NO.: 2013-0305-FLL LYNN E. AVERILL, (A) Defendant. ARREST WARRANT IN THE NAME OF THE STATE OF FLORIDA, TO THE CONIMISSIONER OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, AND HIS DULY CONSTITUTED SPECIAL AGENTS, TO ALL AND SINGULAR SHERIFFS OF THIS STATE, AND THEIR DULY CONSTITUTED DEPUTIES, TO ALL AND SINGULAR CHIEFS OF POLICE OF THIS STATE, AND THEIR DULY CONSTITUTED OFFICERS, AND TO THE ADNIINISTRATOR OF THE US. DRUG ENFORCEMENT ADMINISTRATION OR ANY OF HIS APPOINTED OFFICERS, SPECIAL AGENTS, TASK FORCE OFFICERS AND DETECTIVES: The Court ?nds that there is probable cause to believe, based on the attached Af?davit of Special Agent Jeffrey Himes, Investigator Victoria McRae and Detective William Schwartz, that the Defendant LYNN E. AVERILL, has committed in Broward County, Florida and other counties as stated in the Probable Cause Af?davit, the crimes of: Racketeering, F.S. Conspiracy to Commit Racketeering, .S. Manslaughter, F.S. 782.07(1) and 777.011; against the peace and dignity of the State of Florida. You are hereby commanded to arrest: LYNN E. AVERILL (A) Race: White Sex: Female DOB: 11/17/1950 SSN: LKA (Last Known Address): 4600 S. Ocean #301, Highland Beach, FL 33487 Florida DL: Height: 5?04? and bring her before the Court to answer a complaint brought by the Statewide Prosecutor charging her with the crimes listed below. COUNT 1: Racketeering, F.S. 895.030), 1? Felony Page 1 of 2 ah?? 7 .. ?nest Warrant re LYNN, E. AVERILL r? 6&ng COUNT 2; Conspiracy to Commit Racketeering, F.S. 1? Felony COUNT 3: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 4: Manslaughter, .S. 782.070) and 777.011, 2? Felony COUNT 5: Manslaughter, .3. 782.070) and 777.011, 2? Felony COUNT 6: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 7: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 8: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 9: Manslaughter, F.S. 782.070) and 777.011, 2? Felony COUNT 10: . Manslaughter, F.S. 782.070) and 777.011, 2? Felony WITNESS my hand and seal this 1Q day of 2015, at Broward County, Florida. Return date on this warrant to be not later than HONO BLE EVENTEENTH JUDICIAL EWCUIT COURT JUDGE Received this Warrant the day of 2015, and executed it on the? day of 20 by arresting the above-named defendant, LYNN E. AVERILL, and having her now before the Court. Arresting Of?cer Judge?s Initials Page 2 of 2 - \THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA FLORIDA CASE NO.: Plaintiff, JUDGE: vs. OSP NO.: 2013-0305-FLL LYNN E. AVERILL, (A) Defendant. ORDER SETTING BOND The bail shall be set in the amounts listed below. Bail may only be modi?ed by the trial judge to whom this case is assigned or the Chief Judge of the Circuit Court upon the conditions set forth herein. 9?0 COUNT l: Racketeering Bond 55% 1? Felony, F.S. 895.030) 0 0 COUNT 2: Conspiracy to Commit Racketeering Bond 35 Am 0w 1? Felony, F.S. 895.03(4) 0 COUNT 3: Manslaughter Bond /50 050- 29 Felony, F.S. 782.070) and 777.011 .019 COUNT 4: Manslaughter Bond 3 I 5v! 2900 2? Felony, F.S. 782.07(1) and 777.01 1 . 27 0 COUNT 5: Manslaughter Bond 200 2? Felony, F.S. 782.070) and 777.011 (9.0 COUNT 6:1 Manslaughter Bond 2? Felony, F.S. 782.07(l) and 777.011 COUNT 7; Manslaughter Bond l5?; 2? Felony, F.S. 782.070) and 777.011 0?0 COUNT 8: Manslaughter Bond [9 ?ag 2? Felony, F.S. 782.070) and 777.01 1 COUNT 9: Manslaughter Bond l5?! 2? Felony, IF.S. 782.070) and 777.01 1 COUNT 10: Manslaughter Bond D9490 2? Felony, F.S. 782.07(1) and 777.011 LO A UNT: SPECIAL BOND CONDITIONS Bond Order re LYNN AVERILL 1. Bail may only be modi?ed by the trial judge to whom this case is assigned or the Chief Judge of the Circuit Court and upon proof that the funds for bond are not tainted by illegal activity. See United States v. Nebbz'a, 357 F.2d 303 (2nd Cir. 1986), PS Winer v. Spears, 771 So.2d 621 (Fla. 3"d DCA 2000). 2. Prior to the Defendant?s release, the Defendant must ful?ll a Nebbia requirement wherein the Defendant will submit for the State?s review documentation showing proof that the bond is fully collateralized and the legality of the funds used for both the bond premium and bond collateral. The State or Defendant has the right to object and request a further hearing as to the suf?ciency of collateral and legality of the funds. 3. ,The Defendant shall secure her release pursuant to a surety bond that is fully collateralized; net asset value of the collateral must be in an amount equal to or in excess of bond amounts. 4. Any property used to collateralize the bond shall not be further encumbered or liquidated by the Defendant or owner during the pendency of the bond. 5. Only after the Court?s subsequent review and issuance of an Order approving the suf?ciency of the collateral, will the Defendant then be eligible for release upon the posting of the said bond. 6. The Surety shall provide to the State an updated title search within ten 10) days of the Defendant?s release re?ecting the Surety?s recorded mortgages on the properties utilized for bond? collateral. 7. - The Defendant will be monitored by Pretrial Services. 8. . The Defendant will not possess any ?rearms. 9. The Defendant shall not have any direct or indirect involvement with pain clinics. 10. The Defendant shall surrender her passport and travel documents to the Broward County Clerk prior to her release. The Defendant?s surrendered paSSport and travel documents shall remain in the custody of the Broward County Clerk and the Defendant shall not reapply for any passport and travel documents. Given under my hand and seal this Gigi/day of 2015, in Fort Lauderdale, Broward County, ,Florida.