A federal jury this afternoon found the owners of a Mobile pharmacy, the business’ supervising pharmacist and the owner of a Colorado anti-aging clinic guilty of a steroids conspiracy.
But the jurors acquitted three pharmacists at Applied Pharmacy Services and an investor of the Internet-based anti-aging clinic, Infinite Health.
“This verdict sends a message to medical professionals who would abdicate their responsibilities to their patients in order to profit from illegally selling drugs,” U.S. Attorney Kenyen Brown said in a prepared statement. “Athletes and youngsters must realize that those who would prescribe performance enhancing drugs may be motivated by profit and greed rather than their health and well-being.”
Prosecutors alleged that Applied Pharmacy was in on the conspiracy, submitting dozens of taped phone conversations as evidence. The pharmacy’s owners and employees countered that they believed the prescriptions — signed by licensed physicians — were valid.
“It’s a tough loss,” said Richard Jaffe, an attorney who represented Applied President and CEO A. Samuel Kelley.
Jaffe said he will take a thorough look at the trial record in the coming weeks.
“We first of all have to digest it,” he said. “It’s an emotional explosion to the lives of our clients.”
In addition to Kelley and Branch, the jury convicted Kelly’s cousin, Jason R. Kelley, the secretary and part owner of Applied; Jodi C. Silvio, another part owner; and J. Michael Bennett, who was the supervising pharmacist.
Three pharmacists who worked for the compounding pharmacy, J. Mallory Mallon, Roger A. Everett and Robin K. Kelly, won acquittals. Ronald E. Winter, a Colorado sheriff’s deputy who was a customer of Branch’s and ended up becoming an investor, also was found not guilty.
The jury reached its verdict after deliberating parts of four days following a month-plus trial. Several doctors, who previously had pleaded guilty to steroids charges, testified that they colluded with Infinite Health owner Brett W. Branch to supply steroids to bodybuilders, athletes and other healthy customers.