25 July – LAWFUEL – The Law News Network – R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Mark R. Trouville, Special Agent in Charge, United States Drug Enforcement Administration, Miami Field Office, announced the sentencing of Mark Gusow for his participation in a conspiracy to distribute Oxycodone, including OxyContin, through the Boca Raton Community Pain Center. Gusow was sentenced today by United States District Judge Kenneth L. Ryskamp to one hundred (100) months’ imprisonment for his role in the conspiracy. After Gusow completes his term of imprisonment, he will serve six (6) years of supervised release. Gusow was ordered to pay a $300 special assessment and he previously had agreed to forfeit a BMW sedan.
On February 18, 2005, Gusow, the manager of the Boca Raton Community Pain Center, pled guilty to a three-count Information. Count 1 charged that from June 11, 2004 to November 4, 2004, Gusow conspired with the Boca Community Pain Center and others to distribute and to possess with intent to distribute a controlled substance, that is, Oxycodone, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(C). Count 2 charged that on November 3, 2004, Gusow possessed with intent to distribute and distributed 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 these Counts, the Information further alleged that Gusow’s conduct involved at least 15 grams of Oxycodone and that he abused a position of trust. The Information further alleges that Gusow used a minor during the commission of the charged offenses. Count 3 of the Information charged Gusow with 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).
Gusow, a long-time abuser of OxyContin and other prescription pain medications and narcotics, opened the Boca Raton Community Pain Center. Gusow obtained prescriptions for OxyContin and narcotics for himself and others, although these were medically unnecessary and exceeded the dosage limitations set by law. In certain instances, Gusow also required patients to “kick-back”a portion of the OxyContin pills that they obtained through his services. Gusow then would refer patients to a pharmacy that would fill the prescriptions without asking questions or keeping appropriate records. Gusow hired a sixteen-year-old to assist in the business, and the minor prepared a fraudulent Magnetic Resonance Imaging (“MRI”) report for a confidential informant so that he could obtain medically unnecessary pain medication.
Mr. Acosta commended the investigative efforts of the Drug Enforcement Administration and the Boca Raton Police Department. This case was prosecuted by Assistant U.S. Attorney A. Marie Villafana.
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 .