A0 91 (Rev. 11/11) Criminal Complaint UNITED STATES DISTRICT COURT for the Northern District of New York UNITED STATES OF AMERICA v. . - Case No. (CFH) SCOTT MCMAHON, MD. Defendant CRIMINAL COMPLAINT 1, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about the dates of December 15, 2018 through and including April 20, 2019, in the counties of Albany and Saratoga in the Northern District of New York, and elsewhere, the defendant violated: Code Section O??ense Description 21 U.S.C. 846, 841-842 Illegally distributing and dispensing controlled substances for non? medical purposes and outside the usual course Of professional practice, and conspiring with others to do so This criminal complaint is based on these facts: Please see attached af?davit. Continued on the attached sheet. k/ . . Complainant ?5 Signature DEA Special WFrank DeSousa . Print name not title Sworn to before me and signed in my presence. Date: August 12, 2019 g; Judge ?5 Signature City and State: Albany, New York Hon. Christian F. Hummel, Magistrate Judge Printed name and title Af?davit in Support of a Criminal Complaint Special Agent Frank DeSousa, of the Drug Enforcement Administration (DEA), being duly sworn, deposes and states: Introduction I. I respectfully make this affidavit in support of a criminal complaint charging Scott McMahon, M.D., (?McMahon?), of Clifton Park, New York, with illegally distributing and dispensing controlled substances for non-medical purposes and outside the usual course of professional practice, and conspiring with others to do so, in violation of 21 U.S.C. 846, 841? 842. 2. I have been a Special Agent with the DEA for approximately 18 years. Through my training, education and experience, I have become familiar with the manner in which illegal drugs are transported, stored, and distributed, and with the methods of payment for such drugs and the means with which these payments are transferred to and among drug traf?ckers. I am also A familiar with the use of electronic devices cell phones, computers, internet and other forms of electronics by drug traffickers to communicate about drug distribution. 3. I am assigned to the Tactical Diversion Squad at the Albany District Of?ce. I have received training and acquired experience regarding the diversion of controlled substances by physicians, pharmacists, nurses and other individuals who illegally distribute, sell, prescribe, administer and dispense controlled substances. 4. Based on my training and experience, I know that the lawful distribution of controlled substances must meet certain federal rules and regulations. a. Pursuant to Title 21, United States Code, Section 822, controlled substances may be prescribed, dispensed, or distributed only by those persons who are registered with the Attorney General of the United States to do so (with some exceptions, such as delivery persons). The authority to register persons has been delegated to the DEA by the Attorney General. . Title 21, Code of Federal Regulations, Section 1306.4, sets forth the requirements for a valid prescription. It provides, in pertinent part, that a ?prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. The reSponsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing The Chief of Drug Operations of the DEA Of?ce of Diversion Control, Washington, DC, has stated that acting within the course of professional practice ?includes having an established doctor-patient relationship based upon a medical history, a physical exam and diagnosis.? Title 21, United States Code, Section makes it an offense for any person to knowingly or intentionally distribute or dispense a controlled substance except as authorized by law. . Based on my training and experience, I know that Title 21, United States Code, Section 841 is violated when the physician?s authority to prescribe controlled substances is being used not for the treatment of a patient, but for the purpose of assisting in the maintenance of a drug habit or of dispensing controlled substances for other than a legitimate medical purpose. Distribution of a controlled substance in Violation of Title 21, United States Code, Section 84l(a)(l) by a medical doctor (often referred to as ?diversion?) occurs when a doctor knowingly or intentionally prescribes or dispenses a controlled substance, knowing the drugs were controlled, outside ?the usual course of professional practice,? namely, not for a legitimate medical purpose. 5. The facts in this af?davit come from my personal observations, my training and experience, my and others? analysis of various categories of records and information, and information obtained ?om other law enforcement of?cers and Diversion Investigators at the DEA: The information contained in this af?davit is not an exhaustive account of everything I know about McMahon. Rather, it contains only the facts that I believe are necessary to establish probable cause in support of a criminal complaint. Basis for a Finding of Probable Cause 6. McMahon, a is registered under the provisions of the Controlled Substances Act, 21 U.S.C. 822, et seq, as a practitioner and has been assigned a DEA Registration Number for the purpose of handling controlled substances in Schedules 11 through V. McMahon renewed his DEA registration on or about February 4, 2019, and made his principal place of business an of?ce in Clifton Park. McMahon previously worked at locations in Albany and Saratoga Springs, New York. (While McMahon often travels to Vermont, he is licensed to practice medicine only in New York and of?cially sees patients only in New York.) 7. Through federal search warrants, DEA has obtained certain text message communications between McMahon and some of his ostensible patients. These text messages, as well as other information discussed below, demonstrate that McMahon is prescribing controlled substances, including Ritalin and its generic equivalents, for non-medical purposes and outside the usual course of professional practice, often with the intent of having his patients kick back a portion of each Ritalin prescription to him for his own personal use. 8. The following conversations1 occurred between McMahon? phone and a phone belonging to Co?Conspirator A, a resident of Vermont. They demonstrate that McMahon illegally prescribed controlled substances to Co?Conspirator A and to young children of Co? Conspirator A, and that Co?Conspirator A then kicked back some of the prescribed pills to McMahon. The following conversation occurred on December 16, 2018: Date and approximate time Sender Message 12/16/201818z56 Co?Conspirator A Hey doc I was wondering if you could send in my son a rit [Ritalin] script .1 ran out [and] kinda need them for work. If not no biggie 12/16/2018 18:57 Co-Conspirator A [Juvenile [birthdate] 12/16/2018 18:57 Co?Conspirator A It?s ok if can?t . Sure 12/16/2018 18 .57 McMahon When is your apt [appointment] 12/16/2018 18:57 Dec 26 A 12/16/2018 18:58 Co?Conspirator A Im calling tomorrow 12/16/201818:58 McMahon Same son right 12/16/201818158 Co?Conspirator A [Juvenile 12/16/2018 18:59 Co-Conspirator A My younger son 12/16/2018 18:59 McMahon We haven?t sent to 2 sons right Co?Conspirator 12/16/2018 18:59 A No 12/16/2018 18:59 McMahon Justl 12/16/2018 18:59 Yes 12/16/2018 18:59 Just one A . 1 Misspellings, grammatical errors and abbreviations are as in the original text. Where 1 have interpreted an abbreviation or misspelling based on my training and experience, that interpretation is in hard brackets. Brackets are also used to denote and redact Where a person provided personally identifying information, such as a name, birthdate, address or phone number. 2 This was the name of one of Co?Conspirator A?s children. 4 Date and approximate time Sender Message 12/16/2018 19:00 Co-Conspirator A [Juvenile is the one we did last time 12/16/201819100 Co-Conspirator A So if think we should use him again do that one 12/16/201819:01 McMahon I Yes Co-Conspirator 12/16/2018 19:01 A Ok 12/16/2018 19:01 $301159th That?s fine 12/16/2018 19:02 ioconsl?iramr [rm/66116 12/16/2018 19:03 00301151383101 .[birthdate] A 12/16/2018 19:03 Co?Conspirator A Walgreens bennington 12/16/2018 19:03 Co-Conspirator A I can also save 11 some if need it 12/16/201819t04 Co?Conspirator A Or come by tomorrow 12/16/2018 19:05 C0~Conspirator A 1m gunna pic them up tomorrow 12/16/2018 19:06 Co?Conspirator A So [let me know] when send them 12/16/2018 19:36 McMahon Ok Driving home, arrive around 8:30 then will send Please drop by tomorrow 12/16/2018 19:43 Co?Conspirator A 0k 12/16/2018 19:43 Co?Conspirator A Ty [thank you] doc 12/16/2018 22:08 McMahon Just sent in, had to increase to 3 times a day as last was 2.5 weeks ago According to prescription data, Juvenile received a prescription for 90 tablets of 20mg (a generic form of Ritalin), issued by McMahon on December 16, 2018, which was ?lled and sold on December 17, 2018 at a Walgreens in Bennington, VT. The following conversation occurred on December 26, 2018: 3 This was the name of another of Co?Conspirator A?s children. 5 Date and approximate time Sender Message 12/26/2018 17:00 Co-Conspirator A Hey docl was wondering if if could squeeze me in tomorrow 11 i have money I owe u.im dew [due] for all my bups [buprenorphine] [and] my rits [Ritalin] 12/26/2018 17:01 I Co?Conspirator A [and] tomorrow is the only time ill have a ride 12/26/2018 17:20 McMahon Yes Come anytime 12/26/2018 17:21 C0~Conspirator A Ok ill there around 1:00 12/26/2018 17:21 Co-Conspirator A ty [thank you] so much 12/26/2018 17:41 McMahon Send in to rite aid in Albany? 12/26/2018 17:42 Co-Conspirator A Yes 90 bups to rite aid in Albany the rits to CVS in bennington - 12/26/2018 17:42 McMahon spare 20 rits 12/26/2018 17:43 Co~Conspirator A Bc rite aid in Albany has the nasty yellows yes of course ill give what ever you need ur my friend not just my doctor 12/26/2018 17:44 Co-Conspirator A have to come to bennington later tomorrow afternoon or night 12/26/2018 17:44 Co-Conspirator A But yes 12/26/2018 17:45 McMahon You can?t pick up and bring to appt 12/26/2018 17:55 A can send my bups in tonight or tomorrow when I see but it would be better if sent it tonight so my ride isn?t waiting on me to wait on the pharmacy. my bups going to rite aid on western ave 90 12/26/2018 17:56 Co?Conspirator A Me my ride leaving at 11:30 am so ill there around 1:00 According to prescription data, Co?Conspirator A received a prescription for 120 tablets of 20mg, issued by McMahon, which was ?lled and sold on December 27, 2018 at a CVS in Bennington. The following conversationoccurred on January 4?5, 2019: Date and . Sender Message approxnnate time 1/4/2019 17:47 McMahon Hey buddy any chance I can grab like a 15 the Ridlen [Ritalin] from you tomorrow Co?Conspirator 1/4/2019 17:51 A 1 don?t have any Date and approximate time Sender Message 1/4/2019 17:51 Co?Conspirator A Ashley has them i just picked up her bups [buprenorphine] 1/4/2019 17:51 Co?Conspirator A and I?m not really sure when 1 can get up there to give them to her 1/4/2019 17:52 Co?Conspirator A I?m probably going to be taking the bus in the morning to go give her her bups 1/4/2019 17:52 Co-Conspirator A 41m all out myself 1/4/2019 17:52 Co?Conspirator A Or i would in a heart beat 1/4/2019 17:53 Co-Conspirator A can send in a script for my son. My other son 1/4/2019 17:54 Co?Conspirator A [let me know] what you want to do 1/4/2019 20:02 McMahon What is your other son?s name, [Juvenile 1/4/2019 20:03 McMahon Where shouldl send 1/4/2019 22:42 McMahon What?s the deal 1/4/2019 22:46 McMahon I sent to Walgreens 194 north street 1/4/2019 22:47 McMahon Under [Juvenile 1/4/2019 22:50 Co-Conspirator A 111 call in a few minutes 1/5/2019 11:59 McMahon 1:30 work 1/5/2019 12:02 McMahon I?ll give you some $33 for rx 1/5/2019 12:08 More like 300 1/5/2019 12:11 McMahon Ouch 1/5/2019 12:11 McMahon Can?t do earlier 1/5/2019 12:14 Co-Conspirator A Also need the cash 1/5/2019 12:14 McMahon Yupper 1/5/201912:15 Co?Conspirator A Not sure how much it is According to prescription data, Juvenile received a prescription for 60 tablets of . 20mg, issued by McMahon, which was ?lled and sold on January 5, 2019 at a CVS in Bennington. The following conversation occurred on January 27, 2019: 4 This was the name of another of Co?Conspirator A?s children. 7 Date and approximate time Sender Message 1/27/2019 15:40 Co?Conspirator A Hey doc i was wondering if you could send my son?s script in to Hannaford inbenningtonl got ripped off for 30 rid [Ritalin]. This kid who I thought was my friend 1 gave him 30 pills and he never came back so now I?m stuck and I have just about nothing so I was hoping you can send my son?s prescription and then I?ll split it with you 1/27/2019 15:43 Co?Conspirator A think last time sent my son?s script in it was 69 or 90 Co?Conspirator 1/27/2019 15 :43 A 60 1/27/2019 15 :44 If not I understand . Sure ?27/2019 1544 McMahon When you coming in Wednesday 1/27/2019 15 :44 McMahon No problem buddy 1/27/2019 15:44 Co-Conspirator A Yes Wednesday morning 1/27/2019 15 :45 McMahon Give me 20 minutes 1/27/2019 15:45 Co-Conspirator A The kid that 1 gave this to has been a friend of mine for 8 years and ripped me off and over it 1/27/2019 15 :46 Co-Conspirator A Ty doc ill pick it up tomorrow give you half on Monday You would come to [McMahon?s of?ce] Monday or I 1/27/2019 15:47 McMahon need to go to Brno 1/27/2019 15 :47 McMahon Bennington 1/27/2019 15 :47 McMahon You could do appt Monday is what l?m saying 1/27/2019 16:11 :o?Conspirator Yes im coming monday 1/27/2019 17:29 McMahon Call me quick as can 1/27/2019 17:37 McMahon Or just let me know what?s going on at some point 1/27/2019 17:38 Co-Conspirator A No I was just around my mom and I didn?t want her to hear anything 1/27/2019 17:39 Co?Conspirator A [Juvenile [birthdate] 1/27/2019 17:44 Co?Conspirator A So if you can send them in tonight 1 can pick them up tomorrow and then Thursday I?m driving up from my appointment and giving you yours 1/27/2019 17:44 Co-Conspirator A Half 1/27/2019 17:45 Co-Conspirator A And thank you dog this helps me out a lot because I have nothing now and now I know not to trust anybody either 8 Date and A . . Sender Message apprOXImate time 1/27/2019 17:45 McMahon No problem 1/27/2019 17:53 (303011319th Cool man ty 1/27/2019 17:55 Co?Conspirator A I?ve never fucked over 11 never will ty again 1/27/2019 22:17 McMahon Don?t be giving out your pills buddy According to prescription data, Juvenile received a prescription for 60 tablets of 20mg, issued by McMahon, which was ?lled and sold on January 28, 2019 at a Walgreens in Bennington. The following conversation occurred on February 2, 2019: Date and . Sender Message approxnnate time 2/2/2019 14:55 McMah on Give me a call when get a chance Low on rit [Ritalin] 2/2/2019 16:05 Co?Conspirator A 1m with my father I?ll call you in a half hour or so can?t really talk right now if you get what I mean 2/2/2019 16:05 McMahon 0k 2/2/2019 16:06 McMahon Can 1 get some rit from you? I?m in Albany could swing over late 2/2/201916:15 Co-Conspirator A 1m out but you could call in my other Sons prescription [Juvenile to the CVS his birthday is [birthdate] 2/2/2019 16:15 McMahon Your out? No way 2/2/2019 16:15 Co?Conspirator A I would give you half or more 2/2/2019 16:16 McMahon Supposed to get half from the others Your bs around 2/2/2019 16:16 McMahon Please try to make appt Monday 2/2/2019 16:19 Co-Conspirator A 1m calling everyone I know ill make it '2/2/2019 16:19 McMahon Unfortunately its getting harder and harder to believe you 2/2/2019 16:22 Co?Conspirator A I have no car so it?s hard 2/2/2019 16:22 Co?ConsPirator A I?ve always been 0001 with 2/2/2019 16:23 Co?Conspirator A have to kick me offI understand Date and approximate time Sender Message 2/2/2019 16:23 McMahon We were supposed to split the last rits, and you?ve missed a shit ton of apt [appointments] 2/2/2019 16:25 Co-Conspirator A lm gunna make it Monday 2/2/2019 16:25 Co~Conspirator A Im sorry 2/2/2019 16:25 McMahon Called script in for you Wednesday you said you would come with Ashley for appt and split 2/2/2019 16:25 McMahon Screwed me 2/2/2019 16:26 Co-Conspirator A 1 had to deal with the probation shit im so sorry doc 2/2/2019 16:26 Co?Conspirator A I would never intentionally screw you you know that you?re my friend I just been going through some I?m trying everything I can to make sure I get there Monday believe that I just feel like your saying things to please people 2/2/2019 16:28 McMahon You promised me if I sent the I): in you would come with Ashley 2/2/2019 16:28 McMahon I just don?t know what to believe 2/2/2019 16:28 Co?Conspirator A I didn?t have a choice at the time that?s the truth 2/2/2019 16:29 McMahon You could have saved half of the rits 2/2/2019 16:29 McMahon Don?t give me that bs 2/2/2019 16:30 :o?Conspirator them yes but I thought 1 have some two weeks 2/2/2019 16:31 McMahon Then don?t lie to me 2/2/201916z31 McMahon You speci?cally told me one thing 2/2/2019 16:32 Co-Conspirator A I?ll do what I have to do to make it right just tell me what I have to do to make it right. I?m so sorry 2/2/2019 16:32 Co?Conspirator A And if I can?t make it right then I understand if you have to kick me off your program 2/2/2019 16:33 McMahon Make it Monday or Tuesday 2/2/2019 16:36 Co-Conspirator A Done 2/2/2019 16:36 McMahon Keep your promises Don?t tell me to send in a script that you will split with me and then screw me That is just crap 2/2/2019 16:36 Co?Conspirator A I understand 10 9. The following conversations occurred between McMahon?s phone and a phone belonging to Co?Conspirator B, a resident of Vermont. They demonstrate that McMahon illegally prescribed controlled substances to Co?Conspirator B, and that Co?Conspirator then kicked back some of the pills to McMahon. The following conversation occurred on December 15, 201 8: Date and . Sender Message approxrmate time 12/15/2018 10:40 McMahon Give me a call if you are get a chance I want to run some by you 12/15/2018 10:54 McMahon Didn know if you wanted to split a rx [prescription] of energy tabs/rits [Ritalin] 12/15/201811:12 Co?Conspirator Hey what?s up beother 12/15/201811:19 Co?Conspirator I tried to call you I what are you up to man you probably in and out of service 12/15/2018 13 :23 McMahon Hey we?re up at the land I wasn?t able to call prescription in yet 12/15/2018 13:41 McMahon Just sent rx Into rite aid in Ludlow 12/15/2018 14:05 Co-Conspirator Okay I?ll swing down and grab it do you know how much it is 12/15/2018 14:07 McMahon Don?t I?ll pay you If you have VT medicaid $2 According to prescription data, Co-Conspirator received a prescription for 60 tablets of 20mg, issued by McMahon, which was ?lled and sold on December 15 2018 at a Rite Aid in Ludlow, VT. The following conversation occurred on December 19?20, 2018: Date and . Sender Message appronmate time 12/19/2018 20:16 McMahon Give me a call tonight when get a chance 12/19/2018 20:16 Co-Conspirator Ok I?m letting my phone charge then I will did send to 12/19/2018 20:48 McMahon Sent to wrong pharmacy earlier, just resent to 12/19/2018 20:49 McMahon Can call 12/19/2018 20:49 McMahon Me 12/19/2018 21 :03 McMahon Hey buddy I need to speak with you ASAP 11 Date and . . Sender Message approxrmate tlme I want to ask a huge favor I didn?t know if I can run 12/19/2018 21:06 McMahon over tomorrow morning and get some of those Rits [Ritalin] I?ve been working until two 3 AM every night this l2/ 19/2018 21 :07 McMahon week covered for this other doctor got 2800 [patients] 12/ 19/2018 21 :22 McMahon if I can meet you around 8am, in Rutland? 12/19/2018 21:22 Co-Conspirator Yeah I?ll talk to my mother I?ll try to get there early as I can What time do you get in 12/19/2018 21 :25 McMahon Thanks man . . Really apprecrate 1t 12/20/2018 7:01 McMahon Still on for morning apt 12/20/2018 8:24 McMahon Hey coming in early 12/20/2018 8 :26 McMahon LMK [let me know] 0k 12/20/2018 8:46 McMahon Talk to me 12/20/2018 8:46 McMahon Can pay $100 12/20/2018 8:47 McMahon I will let staff know 12/20/2018 8:55 McMahon Hey buddy please let me know if you re on your way where you re at OK 12/20/2018 9:01 McMahon WhAts going on Talk to me, they are getting on me about not 12/20/2018 9:24 McMahon having screens every month, and trying to reduce the fee for you 12/20/2018 9:58 McMahon [Co?Conspirator I really need to hear from you 12/20/2018 10:07 McMahon A What?s going on please 12/20/2018 11:06 I McMahon [Co?Conspirator I need a drug screen on you by the end of the week 12/20/2018 11:07 . McMahon or they are going to discharge you from the Suboxone program 120 0/2018 11:08 McMahon They have been gomg thru records as it?s end of new year 12 Date and approximate time Sender Message 12/20/2018 11:27 Co?Conspirator I?m on my way now my mother couldn?t do it until now so we?re heading that way 12/20/2018 11:31 McMahon 12/20/2018 11:33 Co-Conspirator Sorry man I didn?t have no service at the house 12/20/2018 11:35 Co?Conspirator Should I just go over to the pharmacy ?rst over there to get those and then come to you 12/20/2018 11:55 McMahon Sent Ritalin 20mg three times a day to rite aid 1225 western avenue. Called pharmacy and they will ?ll, told them 11 lost it hunting 12/20/2018 11:57 Co?Conspirator Cool 12/20/2018 12:35 McMahon Where are you? Have new pt at 1pm 12/20/2018 13:15 Co?Conspirator 1 May have to come see you ?rst they said cost was $116 to till after I get gas I?m gonna be short is that ok 12/20/201813:15 Co?Conspirator Even if had $50 that will work I have the rest 12/20/2018 13:16, McMahon I?ll have to go to bank quick 12/20/2018 13:16 McMahon Come here ?rst 12/20/2018 13:16 Co?Conspirator Ok 12/20/2018 13:39 McMahon You here? 12/20/2018 13:40 Co-Conspirator Not yet traf?c is a 101 crazy 12/20/2018 13 :40 McMahon How far 12/20/201813241 McMahon Away 12/20/2018 13:42 Co?Conspirator There is an crash where get on interstate were moving about 5 miles an hr hopefully not long 12/20/2018 13:42 McMahon Like 5 minutes 12/20/2018 13 :42 McMahon Trying to plan 13 Date and approximate time Sender Message 12/20/2018 13 :44 Co-Conspirator We?ve mover a mile or 2 in the last 20 mins looks like an accident I can text ya when we?re 5 mins out 12/20/2018 13:58 McMahon Close? 12/20/2018 13:59 Co-Conspirator Still moving slow there re directing traf?c shouldn?t be long 12/20/2018 14:27 McMahon Where 12/20/2018 14:31 McMahon I?m running out to the bank right now 12/20/2018 14:33 Co?Conspirator I think we just past ext 15 traf?ck is fucking slow but it?d picking up now I can you when I?m 10 mins out shouldn?t be long brother 12/20/2018 14:33 McMahon Holy shit You kidding me 12/20/2018 14:33 Co?Conspirator If we gotta we can meet in bathroom or whatever 12/20/2018 14:34 Co?Conspirator Tell me about man they were re directing traf?c 12/20/2018 14:47 Co?Conspirator 1?11 let ya know when almost there maybe we can meet inside 1 don?t want my my husband to wonder I?m just gonna say 1 have to piss 12/20/2018 14:48 McMahon Your going to have to go to pharmacy and come back 12/20/2018 14:48 McMahon That?s ?ne, as long as go to pharmacy and come right back 12/20/2018 14:49 Co-Conspirator Yea that?s ?ne I just didn?t want him to see me meeting somebody off of a diff exit and want me to meet you back at that store or of?ce 12/20/2018 15:11 Co-Conspirator lhe fucking missed 4 wanna go to 3 12/20/201815111 McMahon Go to of?ce 12/20/2018 15:11 Co-Conspirator or 12/20/2018 15:11 Co?Conspirator Or meet at 5 guys 12/20/2018 15:11 McMahon G0 to of?ce 12/20/2018 15:12 Co-Conspirator Ok 14 Date and approximate time Sender Message 12/20/2018 15:15 Co?Conspirator Want me to wait in parking lot for you 12/20/2018 15:15 McMahon Come in 12/20/2018 15:16 McMahon Where 12/20/2018 15:17 Co?Conspirator Turning at lite now 12/20/2018 15:17 Co?Conspirator Already passed ?ve guys 12/20/2018 15:18 McMahon Come into entrance of building 1111 give you $100 go to pharmacy Then. Come back and do visit, urine screen 12/20/201815218 Co?Conspirator Ok here 12/20/2018 15:20 Co?Conspirator Are 11 here or pulling in 12/20/2018 15:43 Co?Conspirator I?m back 12/20/2018 16:02 Co~Conspirator I left sample on desk brother thanks man if i don?t see ya merry Xmas According to prescription data, Co~Conspirator received a prescription for 90 tablets of 20mg, issued by McMahon, which was ?lled and sold on December 20, 2018 at a Rite Aid in Albany, NY. 10. The below conversations occurred between McMahon? 3 phone and a phone belonging to Co?Conspirator C, a resident of Saratoga County, New York. They demonstrate that McMahon prescribed controlled substances to Co?Conspirator C, and that Co?Conspirator then kicked back some of the pills to McMahon, often by leaving them on the porch of Co- Conspirator C?s residence in Saratoga County. In one instance, on April 20, 2019, McMahon prescribed controlled substances to Co~Conspirator C?s boyfriend, who was not his patient. The following conversation occurred on December 31, 2018: 15 Date and . . Sender approxrmate time Message Hey I could really use some help if you could send the scripts in again to [a pharmacy]. Or if you sent them 12/31/2018 11:23 somewhere else please let me know where. Thanks! 12/31/2018 12:14 McMahon Sendmg now 12/31/2018 12:30 McMahon Can we meet today 12/31/2018 12:36 McMahon Or do the porch think 12/31/2018 12:36 McMahon Thing 12/31/2018 123 8 McMahon 01? Both sent to [a pharmacy] Yes de?nitely. I should be able to leave soon to get it and get back here by like 3 :00. Just don?t come at 5:00 cuz my ex is picking my son up then. Co-Conspirator 12/31/2018 12:38 Co-Conspirator 12/31/2018 12:39 But let?s plan on the porch deal. 12/31/2018 12:39 McMahon Plan on between 23 then 12/31/2018 12:50 McMahon Sound good According to prescription data, Co-Conspirator received a prescription for 105 tablets of 20mg, issued by McMahon, which was ?lled and sold on December 31, 2018 at a pharmacy in Ballston Spa, NY. The following conversation occurred on January 29, 2019: Date and approximate time Sender Message 1/29/2019 16:48 Co-Conspirator Hey Doc. Hope you?re doing okay. Got my insurance back. Aren?t 1 due for a re?ll? 1/29/2019 17:22 McMahon Yeah baby 1/29/2019 17:46 McMahon Same insurance or different? 1/29/2019 17:51 Co-Conspirator Same. 1/29/2019 17:51 Co?Conspirator 11 calling in now? The roads are so bad I don?t want to have to head out again. 1/29/2019 17:52 McMahon 'Do you want me to call now I?m not sure what you?re saying 1/29/2019 17:53 McMahon 1 can wait if you can wait but if you want me to 1 can do it now 1/29/2019 17:55 Co?Conspirator Yes please. [Pharmacy]. I?m at daycare pickup in BSpa. 1/29/2019 17:55 McMahon 0k 16 Date and . . Sender Message apprommate time 1/29/2019 17:58 McMahon 01? Just sent 1/29/2019 19: 19 McMahon Everything go through OK I wanted to talk to you about setting up an 1/29/2019 19:21 McMahon appointment at [McMahon?s office] just to get you on the books I didn?t know if you?re home or not but I?m just 1/29/2019 19:24 McMahon leaving [McMahon?s of?ce] now I don?t know if we could I do the porch thing tonight 1/29/2019 19:35 Co?Conspirator 1/29/2019 19:36 Co?Conspirator I?ll get it ready 1/29/2019 19:36 McMahon Sweet you?re the best 1/29/2019 19:43 Co?Conspirator I can come to [McMahon?s of?ce]. Just got COBRA yesterday and it isn?t thru the system yet. I?ll let you know when it?s good 1/29/2019 19:47 McMahon Great According to prescription data, Co~Conspirator received a prescription for 105 tablets of 20mg, issued by McMahon, which was ?lled and sold on January 29, 2019 at a pharmacy in Ballston Spa. The following conversation occurred on February 26, 2019: Date and . . Sender approxmiate time Message 2/26/2019 14:31 Co?Conspirator Time for rits [Ritalin]? 2/26/2019 15:23 McMahon I can send :26 Co-Conspirator Nice! 2/26/2019 1 8 :02 McMahon Any luck 2/26/2019 18:26 McMahon Wat up 2/26/2019 19:10 Co-Conspirator We in bizness 2/26/2019 19:10 Co-Conspirator You want tomorrow 2/26/2019 19:11 McMahon I?m in Saratoga now I can swing by your place is that cool 17 According to prescription data, Co~Conspirator received a prescription for 105 tablets of 20mg, issued by McMahon, which was ?lled and sold on February 26, 2019 at a pharmacy in Ballston Spa. The following conversation occurred on April 19?20, 2019: Date and approximate time Sender Message 4/19/2019 7:56 Co-Conspirator Hey, if my BF [boyfriend] wants to see you is there any way he could get a reduced fee initial visit? 4/19/2019 9:12 McMahon Not really, nothing personal I?ll let you know about the rit?s [Ritalin] 4/19/2019 9:14 Co?Conspirator kk I get it. I?m paying so I ?gured I?d ask. LOL 4/19/2019 9:28 Co?Conspirator I?m in a conference call. Call ya right back! 4/19/2019 9:46 McMahon Are you almost done I just got a brief bit of time before I?ve got to start seeing a bunch of people 4/ 19/2019 9:47 Co-Conspirator Should I drive there? 4/ 19/2019 9:47 Co?Conspirator I just have to stay on the call so can?t talk but I can drive 4/ 19/2019 9:48 McMahon My Ridellan [Ritalin] fell through, I could send some in. Under your boyfriends name if you give me his name date of birth address and phone number 4/ 19/2019 9:49 McMahon Then you could come to the of?ce with him 1 could do them as a follow up appointment $75 I could really use some to 4/19/2019 9 54 Co-Conspirator Kk 4/19/2019 9:54 Co?Conspirator [Boyfriend?s name] 4/19/2019 9:55 Co-Conspirator [Boyfriend?s birthdate] 4/19/2019 9 :5 5 Co-Conspirator oyfriend? 3 address] 4/19/2019 9 :5 5 Co?Conspirator oyfriend? 3 phone numb er] 4/19/2019 925 5 go?Conspirator . CVS in Latham 4/19/2019 9:5 5 go?Conspirator 750 New Loudon Rd. 4/19/201910205 Co?Conspirator OMG he?s saying no now. Fucking hell. 4/19/201915z04 Co-Conspirator Let me know if you sent it. He waf?es back and forth. Please just 18? Date and approximate time Sender Message 4/19/201915z04 Co?Conspirator give me or him a sedative. 4/19/201919:32 McMahon 1 did not 4/19/2019 20:36 Co?Conspirator Did you want or need to or no? 4/20/2019 6 :02 McMahon If you want me to send 1 can 4/20/2019 9:46 McMahon [let me know] 4/20/2019 10:32 Co?Conspirator Yes please! 4/20/2019 12:29 McMahon Send to which pharmacy 4/20/2019 12:37 Co?Conspirator CVS Saratoga please 4/20/2019 12:38 Co-Conspirator 34 Congress St, Saratoga Springs, NY 12866 4/20/2019 12:3 9 C0~Conspirator 5185873098 4/20/2019 13:07 Co-Conspirator Please let me know when done. 4/20/2019 13:33 Co?Conspirator Doc? 4/20/2019 13:34 Co-Conspirator On a bit of a time crunch here 4/20/2019 14:02 McMahon Sending now Save me some 4/20/2019 14:03 Co?Conspirator Of course sir! 4/20/2019 14:10 McMahon Just sent Ritalin 20 mg 4/20/2019 14:18 McMahon Will be driving up to Lake George around 3 o?clock so if 1 could meet you somewhere that be great 4/20/2019 14:28 Co?Conspirator He?s supposed to pick it up and come here. I could meet you after that but I?m not sure what time. 4/20/2019 14:28 CouConspirator My place is off limits though 4/20/2019 14:31 Co?Conspirator Hey was supposed to be Saratoga CVD 4/20/2019 14:31 Co?Conspirator CVS 4/20/2019 14:32 Co-Conspirator I gotta jump in the shower 4/20/2019 14:32 Co-Conspirator Running late 4/20/2019 14:36 Co?Conspirator My mom is watching my son at my house. 19 Date and . . Sender Message approxunate tune 4/20/2019 15:14 McMahon I need to resend 4/20/2019 15:22 McMahon I resent to Saratoga 4/20/2019 15 :22 McMahon 0k 4/20/2019 16:13 McMahon What?s the story 4/20/20'19 16:20 Co?Conspirator Where are you now? 4/20/2019 16:20 Co-Conspirator I can meet you in about thirty mins in Saratoga? 4/20/2019 16:21 Co?Conspirator If not will be later cuz I have a photo shoot. 4/20/2019 16:24 McMahon No, Saratoga, somewhere near exit 15 4/20/2019 16:24 McMahon I?m leaving Clifton Park now 4/20/2019 17:01 Co?Conspirator I?m here 4/20/2019 17:01 Co-Conspirator It?s Sunoco A plus 4/20/2019 17:02 McMahon I?m 13a According to prescription data, Co?Conspirator C?s boyfriend received a prescription for 90 tablets of 20mg, issued by McMahon, which was ?lled and sold on April 20, 2019 at a CVS in Latham, NY. 20 Conclusion 11. I respectfully submit?that this af?davit supports probable cause for a criminal cornplaint charging Scott with illegally distributing and dispensing controlled substances for non?medical purposes and outside the usual course of professional practice, and conspiring with others to do so, in Violation of 21 U.S.C. 846L841, 842. Frank ousa Special Agent Drug Enforcement Administration Sworn to before me this 12th day of August, 2019 Hon. Christian F. Hummel United States Magistrate Judge 21