In a decisive move against a Tampa-area pharmacist, a federal court has instated a permanent prohibition on the individual from dispensing opioid prescriptions, anchoring its decision in allegations of unlawful distribution of controlled substances. The court also laid down a civil penalty upon the pharmacist, Nathaniel Esalomi, the former owner and lead pharmacist of Apexx Pharmacy located in Hudson, Florida. The legal action follows a complaint that the Justice Department filed in August 2022, making serious accusations against Esalomi's professional conduct.
According to the statement from the Department of Justice, Esalomi reportedly engaged in filling prescriptions that he knew were not legitimate, including those for individuals who had already passed away. The same complaint pointed out that beside the unlawful distribution, Esalomi also facilitated the forgery of signatures, and the falsification of addresses, showing a pattern of deceit that contravened the requirements of the Controlled Substances Act (CSA).
"Medical professionals who knowingly facilitate the abuse of opioids violate their legal obligations," the Justice Department's Assistant Attorney General Brett A. Shumate noted. The gravity of the opioid crisis in the nation was further emphasized by U.S. Attorney Gregory W. Kehoe for the Middle District of Florida and Deanne L. Reuter, the Special Agent in Charge of the Drug Enforcement Administration Miami Field Division, as per the Department of Justice.
In the face of these charges, Esalomi agreed to a consent judgment to settle the allegations, which resulted in the court's order to permanently bar him from handling controlled substances. The order carries substantial restrictions; Esalomi is also banned from managing, owning, or having any control over any entity that dispenses controlled substances, and he is required to pay $10,000 of a $500,000 suspended civil penalty. The actions taken by the federal court also affirm that Apexx Pharmacy remains dissolved, as enforced by a previous temporary restraining order related to the United States' complaint back in August 2022.
Moreover, Esalomi has pleaded no contest to charges brought forth in a state criminal case in Florida, which adds another layer to his legal troubles. All allegations, as they stood, would have required proof from the United States by a preponderance of the evidence had the case gone to trial. The enforcement of these judicial orders was carried out by U.S. District Judge Thomas Barber in the U.S. District Court for the Middle District of Florida, following an investigation by the DEA’s Tactical Diversion Squad from the Tampa District Office, and under the management of Assistant U.S. Attorneys Carolyn B. Tapie, Alexandra N. Karahalios, and Trial Attorney Scott B. Dahlquist of the Justice Department’s Enforcement & Affirmative Litigation Branch.
