19 February 2005 – LAWFUEL – The Law News Network – Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida; and Robert Joura, Acting Special Agent in Charge, Drug Enforcement Administration, announced today that defendant, Mark Gusow, manager of the Boca Raton Community Pain Center, pleaded guilty before United States District Court Judge Kenneth L. Ryskamp, in Ft. Pierce, Florida, to a three-count Information relating to Gusow’s involvement in a conspiracy to dispense oxycodone.
The first count of the Information charged that during June 11, 2004 to November 4, 2004, Gusow conspired with the Boca Raton Community Pain Center and others to distribute and dispense and to possess with intent to distribute and dispense a Schedule II controlled substance, that is, a mixture and substance containing a detectable amount of oxycodone, in violation of Title 21, United States Code, Section 841(a)(1); all in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(C). The second count charged that, on November 3, 2004, Gusow possessed with intent to dispense and distribute and dispensed and distributed a Schedule II controlled substance, that is, a mixture and substance containing a detectable amount of oxycodone; in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), and Title 18, United States Code, Section 2. With respect to the first two (2) counts, the Information also alleged that Gusow’s conduct involved at least 15 grams of oxycodone, that he used a special skill and abused a position of trust, that he was a manager or organizer of the criminal conduct, and that he used a minor during the commission of the crime. The third count of the Information charged Gusow with employing and using a minor to violate a provision of the Drug Abuse Prevention and Control Act; in violation of Title 21, United States Code, Sections 861(a)(1) and 861(b).
In addition to the foregoing, the Information requested forfeiture of all property that Gusow obtained through proceeds from his illicit sale and dispensing of OxyContin, as well as all property that Gusow used or intended to use in the commission of his crimes.
Gusow is scheduled to be sentenced on May 5, 2005, before Judge Ryskamp. On the conspiracy count, Gusow faces a maximum statutory term of imprisonment of twenty (20) years. On the possession count, Gusow faces a maximum statutory term of imprisonment of twenty (20) years. On the use of a minor count, Gusow faces a minimum statutory term of imprisonment of one (1) year and a maximum statutory term of imprisonment of forty (40) years.
Mr. Jiménez commended the investigative efforts of the Drug Enforcement Administration, as well as the Department of Health and Human Services.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls . Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on .
