A long–anticipated federal indictment against Applied Pharmacy Services (APS) on charges of conspiracy and distribution of anabolic steroids was unsealed by the in Mobile. The massive 198-count federal indictment identifies twelve individuals as part of the Applied Pharmacy Services steroid distribution network including pharmacy owners and pharmacists, and doctors and businessmen who profited from customer referrals to APS. Six co-conspirators in the APS steroid distribution network were previously indicted in separate cases (“ ,” January 22).
“Each of the pharmacy owners and pharmacists named in the indictment are charged with prescribing and selling veterinary steroids, approved for cattle and livestock only, to humans,” U.S. Attorney Deborah Rhodes said in a prepared statement. “We will continue to work with the DEA, the IRS Criminal Investigation Division and the Alabama Board of Pharmacy to ensure that medical professionals who abuse their position of trust are held accountable.”
The United States Attorney’s Office in Mobile showed a considerable penchant for political grandstanding against steroids in the APS indictment. U.S. Attorney Deborah Rhodes and Assistant U.S. Attorneys Donna Dobbins and Maria Murphy felt compelled to use inflammatory language in the indictment that was seemingly more reflective of personal anti-steroid bias than steroid law.
The prosecutors did not miss an opportunity to inject the label of “steroid user” to indicted individuals which served no other purpose than cheap attempts to further demonize the invididual; rather than restrict language such that it conformed to legally-defined crimes, prosecutors repeatedly identified defendants as “steroid dealers.”
- Anabolic steroids and ancillary drugs were distributed and dispensed outside the usual course of professional practice and not for legitimate medical purposes;
- Veterinary steroids not FDA-approved for human use such as boldenone undecylenate, trenbolone acetate and injectable stanozolol suspension were compounded, dispensed and sold;
- Anabolic steroids, including veterinary steroids, were prescribed to five persons under the age of 21, including three teenagers **;
- Anabolic steroids were shipped directly to gyms, health clubs, and workout facilities.
The indictment names A. Samuel Kelley, II (president and chief operating officer, APS); Jason R. Kelley (secretary/shareholder, APS); Jodi C. Silvio (treasurer/shareholder, APS); J. Michael Bennett (pharmacist, APS); Robin K. Kelly (pharmacist, APS); J. Mallory Mallon (pharmacist, APS); Roger A. Everett (pharmacist, APS); Brett W. Branch (owner, Infinite Health); Ronald E. Winter (investor, Infinite Health); Jesse S. Haggard (doctor, Revolution Medical Center); James A. Abernathy (owner, Abernathy Longevity and Body Solutions); and Daniel C. Riedel (employee, Abernathy Longevity and Body Solutions).
Dr. Jesse Haggard, formerly of Revolution Medical Center, has been identified as a fugitive. The eleven other defendants in the APS indictment were arrested in Alabama, Colorado and Tennessee.
Doctors who have previously pleaded guilty have agreed to cooperate with federal investigators in the case against Applied Pharmacy Services. Physicians Scott Corliss, Kenneth Olds, Kelly Tucker, Pamela Pyle, and David Wilbirt and his fiancÃ©e, Candace Toler have previously pleaded guilty to steroid conspiracy charges while dispensing various anabolic steroids via Applied Pharmacy Services (APS).
James Abernathy and Brett Branch have previously been linked to APS. Dr. Jesse Haggard is alleged to have taken over Dr. David Wilbirt’s steroid-prescribing business in the indictment.
The anabolic steroids that were allegedly dispensed outside the usual course of professional practice and for no legitimate medical purpose include trenbolone acetate, boldenone (Equipoise), fluoxymesterone (Halotestin), nandrolone (Deca), nandrolone decanoate (Deca Durabolin), “nandrotest,” oxandrolone (Anavar), oxymetholone (Anadrol), stanozolol capsules (Winstrol), stanozolol injectable (Winstrol-V), and stanozolol gel. Various esters of testosterone were dispensed including testosterone cypionate, testosterone decanoate, testosterone enanthate, testosterone isocaproate, testosterone “ICED”, testosterone phenylpropionate, testosterone propionate, and testosterone suspension.
Various ancillary drugs were cited as part of “drug cocktail[s] composed of anabolic steroids” including human growth hormone (Somatropin), human chorionic gonadotropin (HCG), tamoxifen (Nolvadex), anastrozole (Arimidex), and clomiphene citrate (Clomid).
Applied Pharmacy Services’ $4 million dollar steroid business, exceeded in scope only by Signature Compounding Pharmacy’s steroid business, was represented by indicted and un-indicted co-conspirators in California, Washington, Arizona, Texas, Colorado Louisiana, New York, New Jersey, South Carolina, and Florida with customers in almost every U.S. state.
** It should be noted that Ms. Silvio, Dr. Abernathy, Mr. Riedel, and Dr. Haggard are not charged with the distribution of the controlled substance (anabolic steroids) to persons under age twenty-one.