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Delaware County Pharmacist Sentenced for Unlawful Distribution

U.S. Attorney’s Office October 05, 2010
  • Eastern District of Pennsylvania (215) 861-8200

PHILADELPHIA—Pharmacist Thomas Fortunato, 47, of Warrington, Pennsylvania, was sentenced today to 46 months in prison for 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. 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. Penn was sentenced to 60 months in prison; Elam was sentenced to 87 months in prison; Kerzner was sentenced to 70 months in prison. Fortunato pleaded guilty on June 8, 2010.

In addition to the prison term, U.S. District Court Judge John R. Padova ordered Fortunato to pay a fine of $30,000 and complete two years’ supervised release. Fortunato’s pharmacist’s license was suspended for at least ten years. He is to report to prison November 1, 2010. He was represented by defense attorney Eric Kraeutler.

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

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