Utica Man Sentenced for Prescription Drug Distribution

RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that DR. FRANK H. BOEHM, JR., age 56, of Utica, New York, was sentenced this morning in U.S. District Court in Syracuse to a term of incarceration of two years, three years of supervised release, and a special assessment of $100. Boehm previously pled guilty on September 3, 2010, to a felony information that charged him with conspiring to distribute and possess with intent to distribute prescription drugs, in violation of Title 21, United States Code, Section 846.

The information stated that: (1) In order to earn illicit profits and other financial considerations from his medical practice, DR. BOEHM , a neurosurgeon, wrote and issued unlawful prescriptions to co-conspirator patients and another unnamed individual for drugs containing controlled substances without a legitimate medical purpose and outside the usual course of professional practice; (2) DR. BOEHM prescribed Schedule II controlled substances to certain of his co-conspirator patients knowing that the co-conspirator patients would subsequently distribute these controlled substances to the unnamed individual. Specifically, the co-conspirator patients filled the unlawful prescriptions written by DR. BOEHM at various pharmacies, and thereafter distributed the controlled substances obtained from such pharmacies to the unnamed individual in exchange for money and other financial consideration; (3) Contrary to accepted medical practice, DR. BOEHM prescribed controlled substances to co-conspirator patients at their first medical appointment without conducting a physical examination of such individuals to verify the claimed illness or condition, or after conducting only a limited physical examination. In other instances, DR. BOEHM issued unlawful prescriptions for Schedule II controlled substances to the unnamed individual despite obvious indications that this individual was abusing and misusing the controlled substances he prescribed. These indications included, but were not limited to, the following: self-reports of drug addiction and frequent excuses by the unnamed individual describing lost prescriptions; (4) DR. BOEHM continued to prescribe excessive amounts of controlled substances to this individual, knowing that such practice could result in overdose, dependence, addiction, and possibly death; (5) DR. BOEHM and the co-conspirator patients obtained income and other financial benefits from their illegal distribution of controlled substances.

As part of his plea agreement, DR. BOEHM admitted that because of his role in the conspiracy he is accountable for the distribution of 58 grams of Oxycontin/Oxycodone-based drugs. He also acknowledged in his plea agreement that he is subject to a sentencing enhancement because he abused his special position of trust and authority by being involved in this conspiracy.

DR. BOEHM has surrendered his New York State medical license and his DEA license to issue narcotic drugs.

This prosecution resulted from a joint investigation conducted by the U.S. Drug Enforcement Administration (DEA), New York State Department of Health, Bureau of Narcotic Enforcement, Internal Revenue Service (IRS) and the Federal Bureau of Investigation (FBI).

This case is being prosecuted by Assistant U.S. Attorney, Geoffrey J. L. Brown. Further questions or inquiries may be directed to him at (315) 448-0695.