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Los Angeles Lawyer Guilty of Role in $157M Drug Fraud Scam Sentenced to 6 Years in San Francisco RICO Case

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Published on October 16, 2023
Los Angeles Lawyer Guilty of Role in $157M Drug Fraud Scam Sentenced to 6 Years in San Francisco RICO CaseSource: U.S. Attorney NorCal

David Jess Miller, a Santa Ana-based lawyer, has received a prison sentence of 72 months for his part in a wide-reaching criminal conspiracy involving racketeering, mail and wire fraud, and money laundering, per the U.S. Department of Justice. Miller’s integral role in a healthcare fraud scandal involving the illegal packaging of prescription drugs and the forgery of FDA-required documentation has led to his sentencing, demonstrating stringent consequences for practitioners putting profits before patient health and safety.

A multitude of law enforcement agencies, including, but not limited to the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation (IRS-CI), U.S. Postal Inspection Service (USPIS), and U.S. Food and Drug Administration Office of Criminal Investigations (FDA-OCI) have spearheaded the case against Miller. The agencies constructed a solid case illustrating that Miller, accompanied by his co-conspirators repackaged and, thus, endangered thousands with repackaged prescription medications used for therapeutic intervention of HIV, hepatitis C, and various mental health conditions, among others.

Miller, 58, and his organization, Minnesota Independent Cooperative (MIC) were pronounced guilty on January 26, following a fortnight-long trial. The trial culmination was the direct result of indictments in two distinct districts — the Northern District of California and the Southern District of Ohio. The justice.gov reports that the convictions sprung from charges in a second superseding indictment from a grand jury in the Northern District of California (on February 11, 2016) and a separate indictment (on May 6, 2015) in the Southern District of Ohio. Both indictments comprised unassociated defendants and charges not encompassed in this trial.

Miller and MIC's large-scale racketeering enterprise, to fraudulently distribute hundreds of millions of dollars in diverted prescription drugs, was exposed through trial evidence. The repackaged medications, posing significant health risks to consumers, were distributed as the defendants purposefully masked the safe, federally- and state-regulated supply chain. Miller’s array of convictions included a count each of racketeering conspiracy, conspiracy to commit mail and wire fraud, conspiracy to commit money laundering, ten counts of mail fraud, and a count of conspiracy to wholesomely distribute drugs unlicensed and crafting a false statement to the FDA.

Miller’s eight-year-long criminal web of activities from 2007 through 2015 was fully disclosed during the trial. The prosecution established that Miller, helped by his co-conspirators laundered hundreds of millions to boost and mask their criminal venture. Miller processed payments to co-defendants Mihran and Artur Stepanayan through entities he had control over in Puerto Rico. He further authorized payments to multinational bank accounts held by various shell companies, thereby effectively concealing the illegal origins of MIC drugs and masking the identity of the suppliers.

Beyond his incarceration, Miller will be obligated to pay a $250,000 fine and endure three years of supervised release and a $1,400 special assessment. The now-defunct MIC has been assigned a special assessment of $4,500. Thirty-eight defendants were initially charged in the February 2016 second superseding indictment, with all of them either already convicted or resolved their case, barring six who still await sentencing.