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United States v. Khodak

March 22, 2010

UNITED STATES
v.
ALEXANDER KHODAK



The opinion of the court was delivered by: DuBOIS, J.

MEMORANDUM

I. INTRODUCTION

On September 2, 2009 defendant, Alexander Khodak, pleaded guilty to conspiracy to distribute mixtures and substances containing oxycodone, a schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841 (b)(1)(C) & 846; and to two counts of distribution of a mixture or substance containing a Schedule II controlled substance in violation of 21 U.S.C. §§ 841(a)(1) & (b)(1)(C), and 18 U.S.C. § 2. A hearing to determine the quantity of the drugs involved in these offenses was held on January 29, 2010. After considering the testimony of the witnesses at that hearing, the exhibits received in evidence, and the written submissions of the parties, the Court makes the following Findings of Fact and Conclusions of Law.

II. FINDINGS OF FACT

1. Alexander Khodak was the pharmacist-in-charge at Bell's Pharmacy and Somerton Pharmacy, both located in Philadelphia. (Transcript of Drug Quantity Hearing, Jan. 29, 2010, 56 -57) ("Tr.").*fn1

2. Before working at Bell's and Somerton Pharmacies, Khodak worked at Squire Pharmacy.

(Tr. 61.) At Squire Pharmacy, Khodak filled prescriptions for Anthony Sapizio. (Tr. 64.) Khodak admitted to a DEA investigator that he knew the prescriptions he filled for Sapizio at Squire Pharmacy were sham prescriptions. (Tr. 65.)

3. Upon leaving Squire Pharmacy, Khodak continued to fill sham prescriptions for Sapizio at Bell's Pharmacy. (Tr. 66.)

4. Alexander Khodak was introduced to Stephen Anderson by their mutual acquaintance, Anthony Sapizio, at Bell's Pharmacyin 2004.(Tr. 25, 38, 39, 68.)

5. Stephen Anderson bought sham prescriptions from Dr. Joseph Borkson for drugs including OxyContin, Percocets, Lorcets, Xanax, Tussionex and Phenergan with Codeine, beginning in 2001. (Tr. 15, 24.)

6. Dr. Borkson's office is approximately twelve miles away from Bell's Pharmacy. (Tr. 15, 24, 78.) Most of Bell's Pharmacy's customers live nearby. (Tr. 105.)

7. During the 2004 meeting at Bell's Pharmacy, Anderson gave Khodak sham Borkson prescriptions and asked Khodak to fill them. (Tr. 25-26.)

8. Anderson did not show Khodak identification, did not appear sick, did not tell Khodak why he needed the prescriptions and was dressed casually in jeans. (Tr. 27, 28,40.) Khodak did not offer information on how the prescriptions should be taken. (Tr. 27.)

9. Khodak examined the prescriptions and told Anderson he recognized Borkson as a doctor who did a lot of writing ...


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