Thursday, August 19, 2010

More On Infinite Health -- Colorado Facility That Distributed Anabolic Steroids

In my post yesterday, "More Information On The Illegal Distribution Of Steroids By Alabama Pharmacy," I provided additional information concerning customers of Infinite Health who allegedly received steroids based upon the Factual Resume -- a document submitted with a plea agreement and used as evidence at the guilty plea hearing -- of a Colorado Doctor, Kelly W. Tucker M.D.

Here is additional information from the Factual Resume concerning how Tucker described the Infinite Health/Applied Pharmacy interplay (available via Pacer):
Typically, Infinite Health customers would consult with Branch, paying a fee of $395.00, which included the cost of blood tests. Next, Branch, who is not a physician, would determine what combination or "stack" of anabolic steroids - including Trenbolone, a bovine/equine steroid not approved for human use - and other drugs, including HGH, were appropriate for the customer. Generally, Branch would fill out a prescription - a preprinted form on which Branch checked off drugs and specified dosages - and fax it or hand deliver it, or cause it to be faxed or delivered, to TUCKER, Dr. Olds, or Dr. Corliss, along with the customer's blood test results. Branch's customer would then see the physician, who would sign the prescription/order that Branch prepared. Next, the physician would fax the order, or cause it to be faxed, to Applied Pharmacy in Mobile. For each customer who obtained a prescription, Branch paid the physician $100. APS, in tum, would fill the order and ship the drugs via Federal Express, sometimes to the customer's address and sometimes to Branch. The customers paid for the drugs personally since Applied Pharmacy generally did not do business with insurance companies.
According to the Factual Resume, Tucker's specific involvement is described as follows:
Branch approached TUCKER in April or May of 2005 and asked if he would be interested in working as a physician with Infinite Health.  TUCKER agreed to see Branch's customers. From May to September, 2005, Branch saw Infinite Health customers and authorized prescriptions formulated by Branch, as generally described above, for $100 per customer.  In September 2005, TUCKER, Branch and Winter went to dinner, where they formalized an agreement for TUCKER and Winter to invest in Infinite Health. On September 29, 2005, TUCKER purchased five shares of Infinite Health stock - which equaled 50% of Infinite Health's business - for $60,000. Thereafter, TUCKER continued to see Infinite Health customers without the $100 fee, although Branch promised TUCKER that he would soon begin to receive 5% of Infinite Health's earnings. In actuality, Branch never distributed any earnings to TUCKER. Nevertheless, as late as August, 2006, Branch and TUCKER discussed expanding Infinite Health's customer base and recruiting new doctors.  Winter also invested in Infinite Health. As Branch's partner, Winter would sometimes drop off paperwork for the customers who were scheduled to meet with TUCKER. Winter and Branch always dealt directly with TUCKER; he did not interact with the staff at TUCKER'S clinic.
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