Manhattan U.S. Attorney and FBI Assistant Director in Charge Announce Charges Against New York City Comptroller Candidate Kristin Davis for Illegally Distributing Prescription Pills

Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI), announced today the arrest of KRISTIN DAVIS, a candidate for New York City comptroller, on charges of selling prescription pills containing controlled substances, including oxycodone, for cash. DAVIS was arrested yesterday in Manhattan and is expected to be presented this afternoon in Manhattan federal court before U.S. Magistrate Judge Sarah Netburn.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Kristin Davis sold dangerous and highly addictive prescription pills to a known drug dealer on repeated occasions in exchange for cash. Prescription drug abuse is the fastest-growing drug problem in this country, resulting in more overdose deaths than heroin and cocaine combined, and this office has a zero-tolerance policy toward anyone who helps to spread this plague at any level.”

FBI Assistant Director in Charge George Venizelos said: “As alleged, Kristin Davis sold prescription pills not once, but rather four different times in four months to an FBI cooperating witness. This type of criminal activity is illegal for citizens, and is especially unbecoming for a person seeking public office in the City of New York. The FBI and our partners in law enforcement remain committed to investigate and bring to justice those individuals who illegally distribute prescription medicines for their own financial gain.”

According to the complaint unsealed today in Manhattan federal court and other information in the public record:

On three separate occasions from January 2013 to March 2013, DAVIS sold hundreds of prescription pills containing amphetamine, alprazolam, zolpidem, and carisoprodol to a person she knew from prior purchases and sales to be a drug dealer. Unbeknownst to DAVIS, the person was a cooperating witness (CW) with the FBI and equipped with a recording device. During these sales, DAVIS was recorded saying that the pills she was selling were Ambien, Soma, and Xanax. On a fourth occasion, in April 2013, DAVIS arranged for another individual to sell approximately 180 oxycodone pills to the CW.

Oxycodone, a Schedule II controlled substance, is a powerful painkiller with a high potential for addiction and abuse, and the active ingredient in OxyContin and Percocet. There is an illegal market for oxycodone, which is often used as a substitute for, or adjunct to, other illegal drugs, such as heroin.

Amphetamine, a Schedule II controlled substance, is a psycho-stimulant, and the active ingredient in Adderall. There is an illegal market for amphetamine, often referred to as speed, as a substitute for, or adjunct to, other illegal drugs, such as methamphetamine and cocaine.

Alprazolam, a Schedule IV controlled substance, is a psychoactive drug, and the active ingredient in Xanax. There is an illegal market for alprazolam, which is often used as a substitute for, or adjunct to, other illegal drugs, such as LSD, heroin or opiates.

Zolpidem, a Schedule IV controlled substance, is a sedative/hypnotic drug, and the active ingredient in Ambien. There is an illegal market for zolpidem, which is often used as a substitute for, or adjunct to, other illegal drugs, such as amphetamine, methamphetamine, cocaine, and MDMA (commonly known as ecstasy).

Carisoprodol, a Schedule IV controlled substance, is a skeletal muscle relaxant, and the active ingredient in Soma. There is an illegal market for carisoprodol, which is often used in conjunction with painkillers and so-called “date rape” drugs.

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DAVIS, 38, of New York, New York, is charged with four counts of distributing and possessing with intent to distribute a controlled substance. Each count carries a maximum sentence of 20 years in prison.

DAVIS is the sixth person arrested as part of an ongoing investigation conducted by the FBI, the United States Department of Health and Human Services, Office of Inspector General (HHS-OIG), the New York City Police Department (NYPD), and the U.S. Attorney’s Office into the unlawful distribution of prescription drugs containing controlled substances in and around New York City. Thomas Rock was arrested on July 10, 2013, and charged with distributing and conspiring to distribute oxycodone and alprazolam. Eugene Kurochkin was arrested on July 11, 2013 for distribution of oxycodone, alprazolam, amphetamine, and zolpidem. Raoul Goldberger and Rebecca Temen were arrested on July 29, 2013, and charged with distributing and conspiring to distribute amphetamine, oxycodone, and vicodin. Erik Pichardo, who is referred to as Individual-1 in the complaint against DAVIS, has been charged with distributing oxycodone and is at large.

In addition, the investigation also led to the arrest of Mark Decker on July 1, 2013, on charges of distributing cocaine and ecstasy.

Mr. Bharara praised the investigative work of the FBI. Mr. Bharara also thanked HHS-OIG and NYPD for their assistance in the ongoing investigation.

The case is being handled by the office’s Narcotics Unit. Assistant United States Attorneys Kristy J. Greenberg, Daniel C. Richenthal, and Edward A. Imperatore are in charge of the prosecution.

The charges contained in the complaint, and the other charges brought in connection with the ongoing investigation, are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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