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Two Arrested in Florida Rx Scheme

February 9, 2005
Florida Attorney General Charlie Crist has announced the arrests of two men and charges against a third for their alleged involvement in an interstate prescription drug operation with purchases totaling more than $1.2 million.

Joseph Gonzalez, 40, of Miramar, and John Cobey, 35, of Fort Myers, are accused of facilitating the sale of prescription drugs with fake pedigrees, including medication intended for cancer patients.

Under a recent Florida law, a drug cannot be legally sold in Florida without a valid pedigree guaranteeing that it is authentic and has been properly stored.

Gonzalez was arrested in Fort Lauderdale and Cobey surrendered at the Lee County Jail. Also being sought in the scheme is Jose L. Benitez, 51, of Homestead. According to an arrest affidavit, Gonzalez allegedly facilitated transactions between Benitez, who operated an unlicensed Miami drug wholesaling operation, and Cobey, owner of the now-defunct Broward County drug wholesaler Atlantic Diabetic Supply.

The drugs, believed to have been diverted from Medicaid between November 2001 and April 2002, were eventually sold to other wholesalers with forged pedigree papers. The drugs sold included Epogen, Procrit and Serostim.

"Putting profit over the health and safety of cancer patients is as low as it gets," said Crist. "This case vividly demonstrates why our new drug pedigree law is an important tool for protecting the health of medical patients."

Gonzalez and Cobey are charged with one count of organized fraud over $50,000, a first-degree felony punishable by up to 30 years in prison. Benitez is charged with the same crime as well as 12 counts of possession of legend drugs with intent to sell, a third-degree felony punishable by up to 5 years in prison. The defendants will be prosecuted by the Attorney General's Office of Statewide Prosecution.

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