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Pharmacist gets three years’ probation
YOUNGSTOWN
A judge who put a pharmacist, who is a former owner of North Lima and Bel-Park pharmacies, on three years’ probation on drug charges said he believes the pharmacist’s career is over.
Judge Lou A. D’Apolito of Mahoning County Common Pleas Court made his remarks at Wednesday’s sentencing hearing for Gary Evankovich, 55, of Boardman, who earlier had pleaded guilty to 24 fourth-degree felony counts of sale of dangerous drugs in an Internet prescription scheme.
“There’s no chance that I see that he will ever be able to practice as a pharmacist again. All the hard work, all the years of struggle and sacrifice, are all down the drain over money,” Judge D’Apolito said.
However, Evankovich’s lawyer, Michael McGee, said the appeal of the Ohio State Board of Pharmacy’s revocation of Evankovich’s license is still pending at the 7th District Court of Appeals.
“This is a simple case of greed,” leading to a criminal conviction and a loss of a professional license and reputation, Judge D’Apolito said before imposing sentence.
The judge said he’d consider reducing the length of the probation if Evankovich demonstrates he is “on the right course.”
The prosecution and defense in the criminal case agreed to recommend probation.
McGee presented the judge with a $25,000 forfeiture check from Evankovich, which will be divided evenly between the state pharmacy board, which investigated the case, and the county prosecutor’s office.
The prosecutor’s office agreed to bring no more criminal charges in this matter.
A court filing by the defense said Evankovich had gross receipts of $53,819 from the Internet transactions, but showed Evankovich’s profit from them was a mere $140 after expenses.
Testimony at a pharmacy board hearing revealed that the board launched its investigation of Evankovich after he called the board office to inquire about reporting requirements concerning Internet drug sales, according to another defense filing.
In the Internet scheme, the pharmacy board revoked Evankovich’s pharmacy license more than a year ago, saying he filled prescriptions, primarily for out-of-state consumers, without ensuring that a valid doctor-patient relationship and a legitimate medical purpose existed for them.
Authorities allege the scheme involved more than 15,000 prescriptions and almost 1.5 million medication doses sold between October 2005 and June 2006.
The prescriptions were for many drugs, including muscle relaxants, antibiotics, anti-virals, anti- depressants and anti-anxiety drugs, they said.
An apologetic Evankovich said he had no idea the Internet services he provided were considered unacceptable by the pharmacy board.
“My intentions as a pharmacist have always been and will remain committed to helping people,” Evankovich told the judge. “My hope is that my situation will help other people make better decisions,” he added.