Delaware County Pharmacist Pleads Guilty to Unlawful Distribution

PHILADELPHIA—Pharmacist Thomas Fortunato, 47, of Warrington, PA, pleaded guilty today to one count of conspiracy to distribute and possess with intent to distribute oxycodone, and one count of unlawful distribution of oxycodone, announced United States Attorney Zane David Memeger. He will be sentenced September 9, 2010. Fortunato owned and acted as pharmacist for Squire Pharmacy, a/k/a Squire Drugs, a/k/a Fortunato Enterprises (“Squire Drugs”), located at 1154 Baltimore Pike, Springfield, Pennsylvania. Between September 4, 2008, and October 6, 2008, Fortunato unlawfully filled over 120 false and fraudulent prescriptions for over 14,000 Percocet, Roxicet, Roxicodone, and OxyContin pills and their generics. The pills were subsequently sold on the street by co-conspirators Harvey Penn, Mikhail Elam, John Kerzner and other individuals. Penn, Elam, and Kerzner were previously indicted for conspiracy and unlawful possession with intent to distribute oxycodone. Each pleaded guilty and is awaiting sentencing.

Fortunato faces a maximum sentence of 40 years in prison, three years to a lifetime of supervised release, a fine of up to $2 million, a $200 special assessment, and forfeiture.

The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration Diversion Group, and the Springfield Township Police Department. It is being prosecuted by Assistant United States Attorney Ewald Zittlau.