CHRIS BENOIT CASE/NACHWIRKUNGEN

[Nefercheperur]

FILED IN CHAMBERS
U.S.D.C. Atlanta
ORIGINAL FOR THE NORTHERN DISTRICT OF GEORGIA
IN THE UNITED STATES DISTRICT COURT JUL 0 2 200'
JAMS N. TT,EN,
ATLANTA DIVISION By' DeputyClerk

UNITED STATES OF AMERICA CRIMINAL INDICTMENT
NO . 1:07-CR- Z ZU

V.
PHIL ASTIN III .
THE GRAND JURY CHARGES THAT :
INTRODUCTION
At all times relevant to this Indictment :

1 . The Controlled Substances Act governed the manufacture,
distribution, and dispensing of controlled substances in the
United States .
2 . Various prescription drugs were scheduled substances under the
Controlled Substances Act . There were five schedules of
controlled substances - Schedules I, II, III,, IV, and V .
Drugs were scheduled into these levels based on their
potential for abuse, among other things . Schedule II drugs
have a high potential for abuse that can lead to severe
psychological or physical dependence. Abuse of Schedule III
drugs may lead to moderate or low physical dependence or high
psychological dependence. Abuse of Schedule IV drugs may lead
to more limited physical, dependence or psychological
dependence .relative to the drugs or other substances in
Schedule III. 21 U.S.C.§§ 812(b)(2),(3), and (4) .

3 . Title 21, United States Code, Section 822(b), and Title 21,
Code of Federal Regulations, Section 290.1, provided that

controlled substances listed in Schedule 11, III, or IV may be

dispensed or distributed only by prescription by a licensed

practitioner .

4 . Title 21, Code of Federal Regulations, Section 1306 .04,
provided that in order for a prescription for a controlled

substance to be valid, it "must be issued for a legitimate

medical purpose by an individual practitioner acting in the

usual course of his professional practice ." This section

further provided that :

The responsibility for the proper prescribing

and dispensing of controlled substances is

upon the prescribing practitioner . . . . An

order purporting to be a prescription issued

not in the usual course of professional

treatment or in legitimate and authorized

research is not a prescription within the

meaning and intent of section 309 of the Act

(21 U.S.C . 829) and the person knowingly
filling such a purported prescription, as well
as .the person issuing it, shall be subject to
the penalties provided for violations of the
provisions of law relating to controlled
substances .

5. Title 21, Code of Federal Regulations, Section 1306 .05,
provided thatail prescriptions for controlled substances must

be dated and signed on the date that they are issued.

6. Oxycodone, an opiate, was a Schedule II controlled substance .
21 C .F .R. § 1308 .12 (b) (1) . Percocet was a brand name of a

prescription drug that contained oxycodone, and therefore was

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classified as a Schedule II controlled substance .

7 . Amphetamine, its salts, optical isomers, and salts of its
optical isomers, were Schedule II controlled substances . 21
C.F.R . § 1308.12(d)(1 ) Adderall was a brand name of a
prescription drug that contained amphetamine, and therefore
was classified as .a Schedule II controlled substance .
8 . Hydrocodone, a semi-synthetic opioid derived from two of the
naturally occurring opiates, codeine and thebaine, wass a
Schedule III controlled substance. 21 C.F.R . § 1308.13(e) .
Lorcet was a brand name of a prescription drug that contained
hydrocodone, and therefore was classified as a Schedule III
controlled substance.

9. Alprazolam, a short acting drug in the class of central
nervous. system agents Benzodiazepines, was a Schedule IV
controlled substance. 21 C.F.R. § 1308.14©(1). Xanax was a
brand name of a prescription drug that contained alprazolam,
and therefore was classified as a Schedule IV controlled
substance .

COUNTS ONE THROUGH SEVEN
On or about the dates listed below, in the Northern District
of Georgia, the defendant,
PHIL ASTIN TTT,
aided and abetted by others known and unknown to the Grand Jury,
did knowingly and intentionally distribute and dispense, and caused

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Q

to be distributed and dispensed, a quantity of a controlled

substance for other than a legitimate medical purpose and not in

the usual course of professional practice, as charged in the chart

below, each such instance being a separate count of the Indictment :

CTS DATE CONTROLLED SUBSTANCE DISTRIBUTED AND
DISPENSED
1 April 29, 2004 100 tablets of Percocet, 7 .5 mg ., a
Schedule II controlled substance

• 100 tablets af .Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
• 100 tablets of Percocet, 7 .5 mg ., a
Schedule II controlled substance, in
an undated prescription
• 120 tablets of Vicoprofen, no dosage
indicated, a Schedule III controlled
substance
• 120 tablets of Xanax, 1 mg ., a
Schedule IV controlled substance,'

all dispensed to M.J., in Carrollton,

Georgia .

2 July 2, 2004 100 tablets of Percocet, 7 .5 mg ., a
Schedule II controlled substance

• 100 tablets of Percocet, 10 mg ., a
Schedule IT controlled substance
• 100 tablets of Percocet, 7 .5 mg ., a
Schedule II controlled substance, in
an undated prescription
• 100 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
• 150 tablets of Lorcet, 10 mg ., a
Schedule III controlled substance,
with three refills
• 120 tablets of Xanax, 2 mg ., a
Schedule IV controlled substance,
with three refills
all dispensed to M.J., in Carrollton,
Georgia .

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CTS DATE CONTROLLED SUBSTANCE DISTRIBUTED AND
DISPENSED
3 October 28, ~ 100 tablets of Percocet, 10 mg ., a
2004 Schedule TI controlled substance

• 150 tablets of Lorcet, 10 mg., a
Schedule III controlled substance,
with three refills
• 120 tablets of Vicoprofen, no dosage
indicated, a Schedule TIT controlled
substance, with three refills
• 120 tablets of Xanax, 2 mg ., a
Schedule IV .controlled substance,
with three refills
all dispensed.to M.J., in Carrollton,
Georgia .
4 March 14, 2005 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance

• 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
all dispensed to O.G., in Carrollton,
Georgia .

5 March 14, 200 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance
120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription

• 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
• 120 tablets of Lorcet, 10 mg., a
Schedule III controlled substance,
with three refills
all dispensed to M.J., in Carrollton,
Georgia.


CTS DATE CONTROLLED SUBSTANCE DISTRIBUTED AND
DISPENSED

6 July 22, 2005 60 tablets of Adderall, 30 mg ., a
Schedule II controlled substance, in
an undated prescription

• 60 tablets of Adderall, 30 mg ., a
Schedule II controlled substance, in
an undated prescription
• 60 tablets of Adderall, 30 mg ., a
Schedule II controlled substance, in
an undated prescription
60 tablets of Adderall, 30 mg ., a
Schedule II controlled substance, in
an undated prescription
• 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
• 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
• 120 tablets of Percocet, 10 mg ., a
Schedule TT controlled substance, in
an undated prescription
• 120 tablets of Lorcet, 10'mg., a
Schedule III controlled substance,
with three refills
all dispensed to M.T., in Carrollton,
Georgia .
7 Sept. 7, 2005 120 tablets of Percocet, 10 mg., a
Schedule II controlled substance

• 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
• 120 tablets of Percocet, 10 mg ., a
Schedule II controlled substance, in
an undated prescription
• 150 tablets of Lorcet, 10 mg., a
Schedule III controlled substance,
with three refills
all dispensed to O .G ., in Carrollton,
Georgia .

All in violation of Title 21 , United States Code, Sections

891 (a) (1) and 841 (b) (1) © , 841 (b) (1) (D) , . and (b) (2), Title 18,

United States Code, Section 2, and Title 21, Code of Federal

Regulations, Section 1306 .04 .

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FORFEITURE PROVISION


Upon conviction of the controlled substance offences alleged
in Counts One through Seven of this Indictment, defendant PHIL
ASTIN III shall forfeit to the United States pursuant to Title 21,
United States Code, Section 853, (a) all property constituting, or
derived from, proceeds obtained, directly or indirectly,, as a
result of the said violations, and (b) all property used, or
intended to be used, in any manner or part, to commit, or to
facilitate the commission of said violations, pursuant to Title 21,
United States Code, Section 853 . If any of the property described
above as being subject to forfeiture, as a result of any act or
omission of a defendant :

a. cannot be located upon the exercise of due diligence ;
b. has been transferred or sold to, or deposited with, a
third person;
c. has been placed beyond the jurisdiction of the Court ;
d. has been substantially diminished in value ; or
e . has been commingled with other property which cannot be
subdivided without difficulty;
it is the intent of the United States, pursuant to Title 21, United
States Code, Section 853(p), to seek forfeiture of any other

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property of said defendants up to the value of the forfeitable

property described above .

..

A BILL

FORFPERSON

DAVID E

D . N HMIAS
U S ES ATTORNEY
HN HOR
ASSISTANT UNITED STATES ATTORNEY
Georgia Bar No . 367210
600 U.S . Courthouse
75 Spring St., S.W .
Atlanta, GA 30303
404/581-6286
fax: 404-581-6171