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Case: 1:12-cr-00134-LW Doc #: 1 Filed: 03/13/12 1 of 38. PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHNE:2 EASTERN DIVISION

';3 FCO:;

UNITED STATES OF AMERICA,

)

)

INDICT M'

Plaintiff,

)

)

v.

)

CASE N

)

)

2111.S71C.48

LOUIS EPPINGER,

)

21

U.S.C. §§ 841(a)(1), (b)(1)(C);

PATRICIA ARNOLD,

)

21

U.S.C. §843(b);

BRITTANY N. GLASS,

)

18

U.S.C. §1347;

ANTHONY H. PERRY, aka CHOPS,

)

18

U.S.C. §1028A

ELIZABETH DAVIS, aka MIRA,

)

JUDY L. BURROWS,

)

JAMES BYRGE,

)

JUDG VULS

)

Defendants.

)

The Grand Jury charges:

COUNT 1 (Conspiracy to Possess with Intent to Distribute Oxycodone, 21 U.S.C. §846, 841(a)(1), (b)(1)(C))

Beginning at least as early as January 2011, and continuing through January 2012, the

exact dates to the Grand Jury unknown, in the Northern District of Ohio, Eastern Division, and

elsewhere, LOUIS EPPINGER, PATRICIA ARNOLD, BRITTANY N. GLASS, ANTHONY H.

PERRY, aka CHOPS, ELIZABETH DAVIS, aka MIRA, JUDY L. BURROWS, and JAMES

BYRGE, the defendants herein, and others unknown to the Grand Jury, did unlawfully,

knowingly, and intentionally, combine, conspire, confederate, and agree together and with each

other, and with diverse others known and unknown to the Grand Jury, to possess with the intent

to distribute and to distribute oxycodone, a Schedule II controlled substance, specifically

Oxycontin and Percocet, in violation of Title 21, United States Code, Sections 841(a)(1) and

(b)(1)(C).

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MANNER AND MEANS OF THE CONSPIRACY

A. It was part of the conspiracy that LOUIS EPPINGER obtained blank prescription

paper from unknown sources.

B. It was further part of the conspiracy that LOUIS EPPINGER obtained the DEA (Drug

Enforcement Administration) numbers for various physicians located within the Northern

District of Ohio for purposes of successfully passing fraudulent prescriptions and obtaining

Oxycontin and/or Percocet, each of which contain oxycodone. A DEA number of a physician is

required in order for a Schedule II controlled substance prescription, such as Oxycontin and

Percocet, to be filled.

C. It was further part of the conspiracy that LOUIS EPPINGER fraudulently obtained the

identifying information of actual individuals for use in passing the fraudulent prescriptions.

D. It was further part of the conspiracy that LOUIS EPPINGER fraudulently obtained the

health insurance and/or Medicaid information of various individuals for use in paying for

fraudulent prescriptions for Oxycontin and/or Percocet.

E. It was further part of the conspiracy that LOUIS EPPINGER provided blank

prescription paper to PATRICIA ARNOLD, who forged fraudulent prescriptions for Oxycontin

and/or Percocet on the blank prescription paper, using illicitly obtained DEA numbers of

physicians. Prescriptions were typically forged by filling in an issuing physician's name, a

particular drug, an amount of drug to be dispensed, and instructions for taking the drug, such as

"p.r.n. (as needed)."

F. It was further part of the conspiracy that after PATRICIA ARNOLD forged the

Oxycontin and/or Percocet prescriptions, LOUIS EPPINGER provided the forged prescriptions

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to various individuals to "walk" or attempt to pass at pharmacies located in the Northern District

of Ohio.

G. It was further part of the conspiracy that LOUIS EPPINGER provided forged

prescriptions for Oxycontin and/or Percocet to BRITTANY N. GLASS, ANTHONY H. PERRY,

aka CHOPS, ELIZABETH DAVIS, aka MIRA, and others unknown to the Grand Jury.

H. It was further part of the conspiracy that BRITTANY N. GLASS, ANTHONY H.

PERRY, ELIZABETH DAVIS, and others unknown to the Grand Jury passed the fraudulent

prescriptions provided by LOUIS EPPINGER at various pharmacies within the Northern District

of Ohio in order to obtain Oxycontin and/or Percocet pills.

I. It was further part of the conspiracy that after BRITTANY N. GLASS, ANTHONY H.

PERRY, ELIZABETH DAVIS, and others unknown to the Grand Jury passed the fraudulent

prescriptions, they provided the Oxycontin and/or Percocet received to LOUIS EPPINGER, who

paid them for passing the fraudulent prescriptions.

J. It was further part of the conspiracy that after LOUIS EPPINGER obtained the

Oxycontin and/or Percocet pills from BRITTANY N. GLASS, ANTHONY H. PERRY,

ELIZABETH DAVIS, and others unknown to the Grand Jury, he either sold the pills or provided

the pills on consignment ("front") to JUDY BURROWS, JAMES BYRGE and others unknown

to the Grand Jury.

K. It was further part of the conspiracy that JUDY BURROWS, JAMES BYRGE, and

others unknown to the Grand Jury then re-distributed or sold the Oxycontin and/or Percocet to

other customers.

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OVERT ACTS

In furtherance thereof, and to effect the objectives of the conspiracy, the defendants and

others performed overt acts not limited to the following acts in the Northern District of Ohio and

elsewhere.

1. On January 11, 2011, at approximately 5:09 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be

filled at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly written

by Dr. D.C. for patient A.L

2. On March 17, 2011, at approximately 6:53 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be

filled at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly written

by Dr. D.C. for patient A.L

3. On June 10, 2011, at approximately 6:47 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for Percocet, 90 count, to be filled at the CVS

Pharmacy located at 10022 Madison Avenue, Cleveland, Ohio, purportedly written by Dr. C.R.

for patient R.W.

4. On June 15, 2011, at approximately 7:01 p.m., ELIZABETH DAVIS caused a

fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be filled at the CVS

Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly written by Dr. C.R. for

patient Elizabeth Davis.

5. On June 30, 2011, at approximately 8:14 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be

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filled at the CVS Pharmacy located at 6005 SOM Center Road, Willoughby, Ohio, purportedly

written by Dr. C.R. for patient A.L.

6. On July 13, 2011, at approximately 5:59 p.m., LOUIS EPPINGER had a conversation

with S.M. (identified, but not indicted), wherein he told S.M. that he was attempting to have the

"papers (blank prescription paper)" signed.

7. On July 13, 2011, at approximately 6:51 p.m., LOUIS EPPINGER had a conversation

with JUDY BURROWS. During this conversation, BURROWS told EPPINGER, "I got enough

for 25 (pills). I have 500, I have 500 dollars I owe." EPPINGER replied that he would be there

in five minutes. BURROWS further explained to EPPINGER, "I don't want to keep meeting up

you know every other day at the gas station, and them getting suspicious, you know."

EPPINGER then questioned BURROWS about who was in her home. BURROWS replied that

her dude and her kids were there.

8. On July 13, 2011, at approximately 6:54 p.m., ELIZABETH DAVIS caused a

fraudulent prescription for 80 milligrams of Oxycontin, 90 count, to be filled at the CVS

Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio, purportedly written by Dr. C.R. for

patient Elizabeth Davis.

9. On July 13, 2011, at approximately 8:12 p.m., LOUIS EPPINGER had a conversation

with ELIZABETH DAVIS, while DAVIS was inside of a pharmacy. During this conversation,

EPPINGER informed DAVIS that there was a policeman in the store. EPPINGER instructed

DAVIS that after she left the store she should go to the gas station next door. EPPINGER told

DAVIS, "I'm just letting you know he's watching you as he's walking, you hear me?" During

this conversation between EPPINGER and DAVIS, a policeman was heard approaching DAVIS,

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asking for identification and inquiring about whether DAVIS was by herself or with someone

else. DAVIS responded that she was by herself.

10. On July 13, 2011, at approximately 8:22 p.m., ELIZABETH DAVIS and LOUIS

EPPINGER had a conversation. DAVIS told EPPINGER, "They (law enforcement) got me."

11. On July 14, 2011, at 7:35 p.m., JUDY BURROWS and LOUIS EPPINGER had a

conversation regarding pills and money. BURROWS told EPPINGER that she would have his

$300 for him in about an hour. EPPINGER asked BURROWS if she "recounted them pills."

EPPINGER claimed that there was an extra pill. BURROWS asked if there was anything (pills)

left. EPPINGER replied that there were a few pills left tonight, but that there would be more

pills tomorrow.

12. On July 14, 2011, at approximately 9:20 p.m., JUDY BURROWS and LOUIS

EPPINGER had a conversation wherein BURROWS told EPPINGER that she only had $240 for

him and two pills leftover, because the girl who was supposed to buy the two pills at $30 apiece

had not come through.

13. On July 17, 2011, at approximately 1:14 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman regarding passing a fraudulent prescription.

EPPINGER explained to her that he had to pick up the "walker," or the individual who was to

pass the fraudulent prescription. EPPINGER further explained that he needed to have the

prescription "signed (filled out by the writer/forger)."

14. On July 17, 2011, at approximately 2:21 p.m., LOUIS EPPINGER had a

conversation with ANTHONY PERRY, wherein PERRY provided EPPINGER directions to his

house.

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15. On July 17, 2011, at approximately 3:29 p.m., LOUIS EPPINGER had a

conversation with JUDY BURROWS. BURROWS asked EPPINGER if he had any "percs

(Percocet pills)." EPPINGER replied that they were "in the spot (pharmacy) now" and would let

her know if they were able to obtain the Percocet pills.

16. On July 17, 2011, at approximately 3:31 p.m., LOUIS EPPINGER had a

conversation with JAMES BYRGE. EPPINGER told BYRGE that he had "40 of them things

(pills)." EPPINGER told BRYGE that the pills were $14 apiece. BYRGE replied that if he

could get them a little cheaper he would take them. EPPINGER told BYRGE that he was

"waitin' on them to come out of this spot (pharmacy) right now." EPPINGER concluded that the

"things" (pills) were for "J."

17. On July 17, 2011, at approximately 3:52 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for Percocet, 90 count, to be filled at the Rite Aid

Pharmacy located at 5411 Superior Avenue, Cleveland, Ohio. This fraudulent prescription was

purportedly written by Dr. C.R. for patient C.H.

18. On July 17, 2011, at approximately 8:13 p.m., LOUIS EPPINGER had a

conversation with an unidentified man. The unidentified man asked EPPINGER if he had

Percocet pills. EPPINGER replied that he had four Percocets. The unidentified man told

EPPINGER that he would come pick them up from EPPINGER at 40th and Lakeside.

19. On July 18, 2011 at approximately 7:50 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. D.C. for patient K.R., to be filled at the Rite Aid Pharmacy located at

20405 Chagrin Boulevard, Shaker Heights, Ohio.

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20. On July 18, 2011, at approximately 8:11 p.m., LOUIS EPPINGER placed a

telephone call to JUDY BURROWS and asked, "You don't need none of them (pills), do you?"

BURROWS replied, "Not yet

tonight."

let

me see

I'll

call you back and let you know if I need any

21. On July 18, 2011, at approximately 8:46 p.m., LOUIS EPPINGER had a

conversation with an unknown man, wherein he told him that he was "about to go deliver these

pills and shit."

22. On July 18, 2011, at approximately 8:51 p.m., LOUIS EPPINGER had a

conversation with S.M. S.M. asked EPPINGER, "You done working?" EPPINGER replied,

"Naw, I hit one (had one prescription filled) and I'm out. I still got the one (prescription), 'cause

I ain't want to f--k with Kiki. They are still in the store stealing. I can't relate to people like that.

Something go wrong

"

23. On July 18, 2011, at approximately 9:50 p.m., LOUIS EPPINGER and JUDY

BURROWS had a conversation. EPPINGER told BURROWS that he had some more (pills).

BURROWS told EPPINGER that she would have his $300 tomorrow and she would then need

"more (pills)."

24. On July 27, 2011, at approximately 6:04 p.m., LOUIS EPPINGER and PATRICIA

ARNOLD had a conversation wherein EPPINGER told ARNOLD that, "I have the mother

paper (prescription) in my pocket right now. What you want me to do now? Huh?" EPPINGER

told ARNOLD, "I couldn't pass the paper (prescription) Patricia."

25. On July 27, 2011, at approximately 6:50 p.m., LOUIS EPPINGER AND

ANTHONY PERRY, had a conversation wherein EPPINGER asked if PERRY'S "broad

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(woman)" was there. PERRY indicated that she was not. EPPINGER then asked if PERRY's

sister was there. EPPINGER explained that, "We was tryin', I was trying to go, cause I know

you went to both of them spots (pharmacies) on Monday, you know." EPPINGER explained,

"That one chump Dave (pharmacist) he there (at the pharmacy)." PERRY replied, "Oh, he there

again?" EPPINGER responded, "Yeah man, plus I got insurance, once they see that insurance

they don't give a f--k about that shit." PERRY replied, "Ok. Well let's it do what it do .then."

EPPINGER responded, "Alright. I will be there in a minute."

26. On July 27, 2011, at approximately 8:06 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. D.C. for patient A.L., to be filled at the CVS Pharmacy located at

7965 Euclid Avenue, Cleveland, Ohio.

27. On July 29, 2011, at approximately 11:48 a.m., LOUIS EPPINGER and

ELIZABETH DAVIS had a conversation regarding filling prescriptions. DAVIS asked

EPPINGER which prescription he filled yesterday or the other one. EPPINGER replied, "I'm

using another script now. I mean another name. But uh, uh, I got Tawana." DAVIS replied,

"Ok." EPPINGER responded, "That's the one I'm bustin' (passing a fraudulent prescription)."

EPPINGER then explained to DAVIS that he went to several different pharmacies in the area but

that CHOPS (ANTHONY PERRY) always wanted to go back to "79th (the CVS Pharmacy

located at 79' Street and Euclid Avenue)."

28. On July 29, 2011, at approximately 6:07 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM that he was "f--kin' with Mira (ELIZABETH

DAVIS)" at "79' and Euclid (CVS Pharmacy)." EPPINGER explained that ELIZABETH

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DAVIS went around the corner. EPPINGER was concerned about DAVIS and told SM, "I'm

going to go look through the window (of the drugstore)."

29. On July 29, 2011, at approximately 6:48 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. D.C. for patient T.E., to be filled at the CVS Pharmacy located at 7965

Euclid Avenue, Cleveland, Ohio.

30. On July 29, 2011, at approximately 7:16 p.m., LOUIS EPPINGER and JUDY

BURROWS had a conversation regarding payment by BURROWS for pills provided on

consignment and the delivery of additional pills. EPPINGER told BURROWS that he was on his

way to her house.

31. On July 29, 2011, at approximately 9:51 p.m., LOUIS EPPINGER and ML

(identified but not indicted) had a conversation. ML asked EPPINGER if he was coming over.

EPPINGER replied that he was not coming over because he was waiting on "Jim" (JAMES

BYRGE) to get back to the bar because he was trying to sell these "pills" to him.

32. On August 1, 2011, at approximately 2:11 p.m, LOUIS EPPINGER had a

conversation with BRITTANY N. GLASS. EPPINGER told GLASS that he had to pay his bills

that day and had to get the "paper (prescription)" signed so that "I can go to work."

33. On August 1, 2011, at approximately 3:53 p.m., LOUIS EPPINGER had a

conversation with an unidentified man. During this conversation EPPINGER told him, "I gotta

go to the house get these scripts. Then I gotta go over here on 156th and Miles, pick a n----r up,

then I gotta come back across Broadway, have urn get signed

then

work." EPPINGER

continued, "But all that should be jumpin' round 5:30." The unidentified man agreed.

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34. On August 1, 2011, at approximately 5:15 p.m, LOUIS EPPINGER had a

conversation with ANTHONY PERRY. EPPINGER asked PERRY if "he got a check." PERRY

responded that he had not received a check, but told EPPINGER that if he received a settlement,

he would be his number one customer and would purchase all of his "percs (Percocet pills)."

35. On August 1, 2011, at approximately 8:23 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. C.R. for patient A.L., to be filled at the CVS Pharmacy located at

7965 Euclid Avenue, Cleveland, Ohio.

36. On August 1, 2011, at approximately 9:57 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER relayed to SM that he was at "Jim's (JAMES BYRGE)" and

was about to leave. EPPINGER told SM, "Jim this n----r tryin' to play me on the money thing,

you know. So f--k him. I just go walk Judy, you know." EPPINGER told SM, "Basically tryin'

to get me to sell him my motherf--kin' pills for ten dollars apiece." EPPINGER explained to SM

that "Judy (JUDY BURROWS)" would buy them for $20 a pill.

37. On August 1, 2011, at approximately 11:13 p.m., LOUIS EPPINGER had a

conversation with SM regarding individuals to whom he used to pass prescriptions. EPPINGER

discussed how he needed new walkers to "change up" and "needed a different look."

38. On August 11, 2011, at approximately 2:50 p.m., LOUIS EPPINGER had a

conversation with ELIZABETH DAVIS, wherein EPPINGER told DAVIS, "You know your

thing come up (prescription can be filled) on the O's (Oxycontin)."

39. On August 11, 2011, at approximately 2:55 p.m., LOUIS EPPINGER placed a

telephone call to ELIZABETH DAVIS and informed her that it would be around "5:30 or 6:00."

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40. On August 11, 2011, at approximately 4:45 p.m., LOUIS EPPINGER spoke with

ML. During this conversation with ML, EPPINGER told ML, "I'm fixin' to go get my paper's

signed. I'm sittin' up here waitin' this n----r to go to work." Later in the conversation

EPPINGER explained, "I gotta go buy these motherf--kin' ah

X

Man's sellin' some goddamn

pills. Some Percocets. But I got prescriptions for 'em. I don't need 'em, you know. But I know

if I buy 'ern I can always sell 'ern back to Jim (JAMES BYRGE), you know." EPPINGER then

continued, "I gotta go get Mira (ELIZABETH DAVIS) ass too

so

`um do one of 'ern for me (so

DAVIS could pass a fraudulent prescription for him)."

41. On August 11, 2011, at approximately 6:17 p.m., ELIZABETH DAVIS caused a

fraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written by Dr.

M.P. for patient Elizabeth Davis, to be filled at the CVS Pharmacy located at 7965 Euclid

Avenue, Cleveland, Ohio.

42. On August 11, 2011, at approximately 6:58 p.m., LOUIS EPPINGER had a

conversation with SM . SM asked EPPINGER, "You done workin' (passing fraudulent

prescriptions) already, babe?" EPPINGER responded, "No, I just did one of 'ern (filled one

prescription). I ain't do no percs (Percocet pills). I need to do them percs." EPPINGER

explained that he was done early because "All I did was get Mira (ELIZABETH DAVIS) and go

straight on 79' (CVS Pharmacy located at 79th Street and Euclid Avenue). Boom."

43. On August 11, 2011, at approximately 8:25 p.m., LOUIS EPPINGER had a

conversation with an unidentified man. EPPINGER told him, "Yeah, come to Jim's (JAMES

BYRGE) man. I'm on my way down there now to cash these things (pills) in."

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44. On August 12, 2011, at approximately 1:55 p.m., LOUIS EPPINGER had a

conversation with PATRICIA ARNOLD. EPPINGER asked ARNOLD, "I owe you $20, right?"

ARNOLD replied, "No you owe me 40." EPPINGER asked, "You charged me just to write that

one there?" ARNOLD responded, "Man, I wrote two scripts for you yesterday! Cut the game!"

45. On August 17, 2011, at approximately 3:54 p.m., LOUIS EPPINGER had a

conversation with SM (identified but not indicted). EPPINGER told SM, "I came from getting

the paperwork (prescription) signed." SM asked EPPINGER, "You got somebody to go work

with you?" EPPINGER replied, "Yeah, I told you that yesterday."

46. On August 17, 2011, at approximately 7:08 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. M.P. for patient D.P., to be filled at the CVS Pharmacy located at

7965 Euclid Avenue, Cleveland, Ohio.

47. On August 18, 2011, at approximately 2:06 p.m., LOUIS EPPINGER and SM had a

conversation, wherein EPPINGER told SM, "I just be going to sell the pills."

48. On August 19, 2011 at approximately 4:27 p.m., LOUIS EPPINGER had a

conversation with ML. EPPINGER asked ML if "ya'll gonna be ready?" ML responded that she

(ML) was going to pick her (BRITTANY N. GLASS) up at the hospital. EPPINGER asked if

"she (BRITTANY GLASS) got the uniform on?" ML responded, "No, I got the uniform with me

in my book bag."

49. On August 19, 2011, at approximately 4:34 p.m., LOUIS EPPINGER had a

conversation with JUDY BURROWS. During the conversation, EPPINGER and BURROWS

discussed the correct amount of money BURROWS owed EPPINGER for drugs/pills provided

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on consignment. Later in the conversation, EPPINGER told BURROWS that after he picked

someone up, "then I am going to work." BURROWS inquired, "Yeah, you getting ready to go to

work tonight?" EPPINGER replied, "Yeah, I got to go get some Percocets." BURROWS

responded, "Yeah, well when you get them, let me know. I might be able to find somebody who

wants some. If you get some let me know." EPPINGER replied, "Alright."

50. On August 19, 2011, at approximately 7:03 p.m., BRITTANY N. GLASS caused a

fraudulent prescription for Percocet, 90 count, purportedly written by Dr. M.P. for patient B.J., to

be filled at the Rite Aid Pharmacy located at 5411 Superior Avenue, Cleveland, Ohio.

51. On August 19, 2011, at approximately 10:04 p.m., SM telephoned LOUIS

EPPINGER. SM asked EPPINGER, "What's up?" EPPINGER replied, "Ain't nothing. Soon as

I'm selling Jim (JAMES BYRGE) these pills, and then uh, I am on my way."

52. On August 21, 2011, at approximately 12:56 p.m., LOUIS EPPINGER had a

conversation with ML. ML told EPPINGER, "We chilling, waiting on your phone call. What

you doing?" EPPINGER replied, "Feeling to go get these papers (prescriptions)." ML inquired,

"And you going to call us when you're done?" EPPINGER replied, "Yeah."

53. On August 21, 2011 at approximately 2:33 p.m., EPPINGER placed a telephone call

to ML. He told ML, "I've been over here waiting." ML replied, "Oh the lady that do the paper

(prescription)?" EPPINGER responded, "Yeah. Soon as she come back, uh. I'm coming right

over."

54. On August 21, 2011, at approximately 3:36 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

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purportedly written by Dr. N.E. for patient K.R., to be filled at the Rite Aid Pharmacy located at

20405 Chagrin Blvd., Shaker Heights, Ohio.

55. On August 21, 2011, at approximately 4:00 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "I'm running around like a chicken with my head

cut off

because

everywhere I go they ain't got none (pills)" or "they only got some (pills)."

56. On August 21, 2011, at approximately 4:30 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman. EPPINGER told her, "Ask Tone he want some of

those green things." The woman replied, "Ask Tone he want some of those green things. Some

of those what?" EPPINGER replied, "Those green ones. Them oxycontin." The woman

responded, "The oxycontins. He said how much for those?"

57. On August 21, 2011, at approximately 4:31 p.m., an unidentified woman placed a

telephone call to LOUIS EPPINGER. She told EPPINGER, "You ain't tell me how much."

EPPINGER responded, "Twenty. Ask him how man

how

many do he want

is

he trying to get

though. I got 140 of 'em (pills)." The unidentified woman had a conversation with the man,

then told EPPINGER, "He said no."

58. On August 21, 2011, at approximately 4:41 p.m., LOUIS EPPINGER had a

conversation with ML. ML was upset because she had been waiting for him. ML stated, "You

said something about you in the living room getting the papers (prescription) signed. That was

an hour ago." EPPINGER replied, "Ok. That's handlin' business. That's handlin' business

man. I'm on my way soon as I get through."

59. On August 21, 2011, at approximately 4:57 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman, wherein they discussed the various methods for

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forging prescriptions for Percocet pills. EPPINGER asked her to look up the "formula" and call

him back. She agreed.

60. On August 21, 2011, at approximately 7:04 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman. EPPINGER told her, "Hey babe, I can't get nothing

but them green ones (Oxycontin)." She responded, "Oh, all right. Well call me if you get some."

61. On August 22, 2011, at approximately 2:21 p.m., LOUIS EPPINGER had a

conversation with ML. ML asked EPPINGER, "you got the papers (prescriptions) signed?"

EPPINGER replied, "I dealt with that yesterday." ML inquired, "So you ready for today then?"

EPPINGER replied, "Yeah, I'm ready." ML replied, "I'm ready too." Later in the conversation

EPPINGER told ML, "Alright then, well I'm going to call you all about 5:30, 6:00. Be ready

man." ML replied, "Alright, I'll be ready." EPPINGER asked, "She (BRITTANY GLASS)

ain't gonna, she going to change clothes in the car, and all that shit. I mean that's cool too. I'm

just saying be ready. We going to work (passing fraudulent prescriptions)." ML replied, "Yeah.

She be ready."

62. On August 22, 2011, at approximately 5:31 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman, who asked EPPINGER, "Any green ones (Oxycontin)

around?' She continued, "I need 40 (Oxycontin)." EPPINGER replied, "25 (Oxycontin) right

now." She replied, "25? Ok. I'll call you right back."

63. On August 22, 2011, at approximately 8:59 p.m, LOUIS EPPINGER had a

conversation with an unidentified woman, who asked EPPINGER, "Do you got some OC's

(Oxycontin) or OP's (Oxycontin). EPPINGER responded, "Yeah, I got both of them right now."

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She replied, "Somebody wanna buy all of them." EPPINGER told her, "Ok. I'll call you right

back."

64. On August 22, 2011, at approximately 9:03 p.m., LOUIS EPPINGER had a

conversation with an unidentified man, who wished to purchase both Percocet and Oxycontin

pills. EPPINGER told him that he had 65 Percocet pills left (at $3 apiece) and 35 Oxycontin

pills. The man inquired about the milligram quantity of the Oxycontin pills. EPPINGER replied,

"80. Who is this?" The man replied, "This is Bush's cousin." EPPINGER told him that he was

selling the Oxycontin pills for $20 apiece. The man told EPPINGER that he was going to "call

my people (customers) and I'm gonna holler at you (call back) in five minutes." EPPINGER

replied, "Alright."

65. On August 22, 2011, at approximately 9:46 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "I'm tryin' to, I'm on my way to you, but I gotta go

sell the rest of these pills to Jim (JAMES BYRGE)."

66. On August 23, 2011, at approximately 5:07 p.m., LOUIS EPPINGER had a

conversation with BRITTANY N. GLASS. GLASS asked EPPINGER, "Is we working today?"

EPPINGER replied, "I'm thinking about it." GLASS told EPPINGER, "It's me and you. She

(ML) ain't going." EPPINGER instructed GLASS to "meet me at the bar, the Wolf Den. I am

on my way now." GLASS responded that she would leave in about twenty minutes and would

call EPPINGER when she had left.

67. On August 23, 2011, at approximately 5:30 p.m., LOUIS EPPINGER and

BRITTANY N. GLASS made arrangements to pass a fraudulent prescription. EPPINGER told

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GLASS that he was at the Wolf Den bar and gave her directions to the bar. GLASS told

EPPINGER, "I got to go get my uh, my work uniform, 'cause its in Sadie's book bag."

68. On August 23, 2011, at approximately 5:46 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "I am sitting up here at the Wolf Den. I'm waiting

on this girl to walk around the corner and urn, going to work (passing fraudulent prescriptions)."

69. On August 23, 2011, at approximately 6:00 p.m., BRITTANY N. GLASS called

LOUIS EPPINGER and told him that she was on her way and that ML was dropping her off.

70. On August 23, 2011, at approximately 6:07 p.m., LOUIS EPPINGER had a

conversation with SM. SM asked EPPINGER, "Alright, you got, you only got one paper

(prescription), right?" EPPINGER replied, "Yeah, I got one." EPPINGER continued, "I only got

one. I made one out and now I got one

I

am trying to keep from going to work tomorrow or

Thursday. See what I am trying to say. Cause Friday all my big boys, Friday I got big boys, you

hear me?"

71. On August 23, 2011, at approximately 6:48 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "We just letting you know

I

just

we

just pulled

up. We working (passing fraudulent prescriptions)."

72. On August 23, 2011, at approximately 7:10 p.m, LOUIS EPPINGER had a

conversation with BRITTANY N. GLASS. EPPINGER asked GLASS, "You good?" GLASS

replied, "Yes."

73. On August 23, 2011, at approximately 7:12 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "No, I'm on 55th and Superior at Rite Aid." SM

asked, "Are you done for the day?" EPPINGER replied, "I just started babe, that was the first

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spot I went to on 79'h (CVS Pharmacy located at 79'h Street and Euclid Avenue). Later in the

conversation EPPINGER explained to SM that he went to the Rite Aid Pharmacy on 55th Street,

because "

79th

was tripping."

74. On August 23, 2011, at approximately 7:15 p.m., LOUIS EPPINGER had a

conversation with JUDY BURROWS. EPPINGER told BURROWS that he was "down here on

55'h and Superior." BURROWS replied, "I got some money for you. Did you bring more (pills)

or no?" EPPINGER replied, "Yeah

I

got, uh. I will holler (call you) when I get there alright."

BURROWS told EPPINGER that she would have to meet him at the corner because there were

people at her house.

75. On August 23, 2011, at approximately 7:18 p.m., BRITTANY N. GLASS caused a

fraudulent prescription for Percocet, 90 count, purportedly written by Dr. M.P. for patient J.B., to

be filled at the Rite Aid Pharmacy located at 5411 Superior Avenue, Cleveland, Ohio.

76. On August 25, 2011, at approximately 4:03 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman. EPPINGER told her, "Yeah, I am going to pick you

up around like five something. I mean

what's

that four

'cause

uh, I had to get these papers

(prescriptions) signed. Take care of this little bullshit and that ain't going to be until 'till after

five, five o'clock, right?"

77. On August 25, 2011, at approximately 7:59 p.m., BRITTANY N. GLASS caused a

fraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written by Dr.

M.P. for patient A.L., to be filled at the CVS Pharmacy located at 7965 Euclid Avenue,

Cleveland, Ohio.

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78. On August 28, 2011, at approximately 2:51 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "That bitch Judy's (JUDY BURROWS) playin'

games. You know, she don't give me my money today, tomorrow I'm gonna call the ho and say

hey, I got somebody that want them things (pills). Since you ain't sold none of them (pills), I be

down there to get all of them."

79. On August 28, 2011, at approximately 3:10 p.m., LOUIS EPPINGER had a

conversation with PATRICIA ARNOLD. During this conversation, EPPINGER and ARNOLD

discussed two insurance cards. ARNOLD told EPPINGER that she was going to "walk down the

street and get the card." EPPINGER told ARNOLD, "I got a blank thing (prescription) in my

pocket." EPPINGER asked ARNOLD to call him when she got the insurance card.

80. On August 28, 2011, at approximately 4:25 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM that he was at the Rite Aid Pharmacy in

Warrensville. EPPINGER explained to SM, "I had brought two sheets with me. I got one of

them done early. And then, uh, Rasheed called talking about she had some insurance and I'm like

f--k it, I might as well bust out my two (pass two fraudulent prescriptions)."

81. On August 28, 2011, at approximately 4:44 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. P.K. for patient D.A., to be filled at the Rite Aid Pharmacy located at

20405 Chagrin Blvd., Shaker Heights, Ohio.

82. On August 28, 2011, at approximately 6:44 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman, who asked EPPINGER, "You got some white shirts?"

EPPINGER replied, "Nope." EPPINGER continued that, "I got all my green shirts come up. I

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got insurance on my green ones (Oxycontin), right?" EPPINGER continued, "They came up

(Oxycontin prescriptions). And I got like six of 'em back to back." EPP1NGER told the woman,

"I only f--k with the white shirts when I ain't got no green (Oxycontin)."

83. On August 30, 2011, at approximately 8:13 a.m., LOUIS EPPINGER had a

conversation with SM. SM asked EPPINGER, "You going to work (passing fraudulent

prescriptions) today?" EPPINGER replied, "Yeah, I'm going. I really don't want to, but I got to

go because Jim (JAMES BYRGE) gave me that money. You already know, anyway, what I get

today I ain't selling it." Later in the conversation, EPPINGER told SM, "I got all them things. I

got some extra ones too. Them green babies (Oxycontin), that ain't gonna be nothin'."

EPPINGER further explained, "Listen, if I get that bottle today I'm just going to sit tight with it.

You know?" EPPINGER explained that he (EPPINGER) is selling the Oxycontin to "Jim

(JAMES BYRGE) for $16 a pill and according to JUDY BURROWS, BYRGE was reselling the

Oxycontin pills for $30-$35 a pill.

84. On August 30, 2011, at approximately 2:44 p.m., LOUIS EPP1NGER had a

conversation with an unidentified woman. EPPINGER told her, "I'm gonna be getting them

things (Percocet pills) starting tomorrow. I told ya, I turned my last thing (prescription) in

yesterday for the green ones (Oxycontin)." She replied, "Alright."

85. On August 30, 2011, at approximately 5:40 p.m., LOUIS EPPINGER had a

conversation with BRITTANY N. GLASS. GLASS asked EPPINGER whether he was ready to

attempt to pass a fraudulent prescription. GLASS asked EPPINGER where they were going to

attempt to pass it. EPPINGER replied, "we going on 79th (CVS Pharmacy located at 7965 Euclid

Avenue). I gotta check it out first." EPPINGER then instructed GLASS to come his way.

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86. On August 30, 2011, at approximately 6:22 p.m., BRITTANY N. GLASS caused a

fraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written by Dr. P.K.

for patient A.L., to be filled at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland,

Ohio.

87. On August 30, 2011, at approximately 6:24 p.m., LOUIS EPPINGER placed a

telephone call to BRITTANY N. GLASS. EPPINGER asked GLASS, "You good?" GLASS

replied, "Yeah." EPPINGER instructed GLASS, "Hey, when you come out (of the pharmacy)

walk straight to the bus stop. Go sit in the bus stop. I got you alright?" EPPINGER further

instructed GLASS to "stay off the phone" and to "watch them ho's."

88. On August 30, 2011, at approximately 7:29 p.m,. LOUIS EPPINGER placed a

telephone call to JAMES BYRGE. EPPINGER asked BYRGE, "You need some of them things

(Oxycontin pills)?" BYRGE replied, "No, I don't need none right now. Jason needs some

though." BYRGE repeated, " Jason needs some of those things." EPPINGER replied, "Oh yeah,

I am doing them (Percocet pills) uh, Thursday, and well starting Thursday."

89. On August 31, 2011, at approximately 2:03 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "I had two (prescriptions) with me, but only did

one (passed one prescription)."

90. On September 1, 2011, at approximately 11:20 a.m., LOUIS EPPINGER and

BRITTANY N. GLASS had a conversation. GLASS asked EPPINGER, "We working today?"

GLASS suggested that she and EPPINGER go to the pharmacy where her "auntie" works.

EPPINGER responded that "They ain't got the shit I do (Oxycontin)

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(Percocet)." EPPINGER continued, "I might go round there though

I

don't know. I don't

know where I'm going." GLASS told EPPINGER, "Call me when you ready to work."

91. On September 1, 2011, at approximately 6:36 p.m., LOUIS EPPINGER had a

conversation with an unidentified woman. EPPINGER told her he was "getting this paper

(prescription) signed."

92. On September 1, 2011, at approximately 6:54 p.m., LOUIS EPPINGER had a

conversation with PATRICIA ARNOLD. EPPINGER told ARNOLD, "Hey, I'm on my way to

you. Where you at?" ARNOLD told EPPINGER that she wasn't at home and asked, "You need

me?" EPPINGER replied, "I wanted you to take care of some business for me." ARNOLD told

EPPINGER that she was on West 25th Street. EPPINGER replied, "I ain't come way over there.

Alright I am going to holler at this other lady (writer/forger) right quick."

93. On September 1, 2011, at approximately 7:56 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "Motherf--ker. Wasn't nobody home to get the

things (fraudulent prescriptions) signed. " EPPINGER continued, "So I had to wait. Just got it

(fraudulent prescription) signed. Got to shoot up here on 79th (CVS Pharmacy) real quick, you

know."

94. On September 1, 2011, at approximately 10:22 p.m., LOUIS EPPINGER had a

conversation with PATRICIA ARNOLD. ARNOLD asked whether EPPINGER had dropped off

her money. EPPINGER replied, "I ain't even get a chance to even go to do the one thing. (Have

a blank prescription filled). But hey, tomorrow, I still got my papers (blank prescription papers)

that need to be filled out. Tomorrow, I am coming to you early and give you your money, and

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plus I am going to pay right then and there for what you do for me (forge prescriptions), alright?"

ARNOLD replied, "Ok."

95. On September 2, 2011, at approximately 10:51 a.m., LOUIS EPPINGER had a

conversation with GE (identified but not indicted). EPPINGER told GE, "But hey Greg, I got a

walker (an individual who passes forged prescriptions) ain't missed yet." EPPINGER continued,

"And guess what?" GE replied, "What?" EPPINGER explained, "It was just like Mira

(ELIZABETH DAVIS). Every time she go in on, on on 7-9 right? They serve her. They like

her." EPPINGER continued, "They got some green shit (Oxycontin) up in there now though."

96. On September 2, 2011, at approximately 12:16 p.m., LOUIS EPPINGER had a

conversation with ML. EPPINGER told ML, "I gotta get these papers (prescriptions) signed a

little early today. So I don't have to go through that bullshit yesterday." EPPINGER concluded,

"I'll let you know what time then."

97. On September 2, 2011, at approximately 4:24 p.m., LOUIS EPPINGER received a

telephone call from an unidentified woman, who told EPPINGER, "I need some 5-1-2

(Percocet)." She continued, "about 100 or 200 of them." EPPINGER told her, "I don't go to

work until later." EPPINGER continued, "I am going to go to work man. I will talk to you when

I get them."

98. On September 2, 2011 at approximately 5:36 p.m., LOUIS EPPINGER placed a

telephone call to PATRICIA ARNOLD and told her, "I'm on my way over there."

99. On September 2, 2011, at approximately 7:38 p.m., BRITTANY N. GLASS

attempted to fill a fraudulent prescription for Percocet, 90 count, purportedly written by Dr. P.K.

for patient R.C., at the Rite Aid Pharmacy located at 5411 Superior Avenue, Cleveland, Ohio.

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100. On September 2, 2011, at approximately 7:43 p.m., BRITTANY N. GLASS was

arrested by officers of the Cleveland Police Department while attempting to fill a fraudulent

prescription for Percocet pills provided to her by LOUIS EPPINGER.

101. On September 2, 2011, at approximately 7:56 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM that BRITTANY N. GLASS had been arrested by

the police while trying to fill a fraudulent prescription. EPPINGER told SM that he was waiting

on GLASS' call and that, "I went by Judy (JUDY BURROWS) house to hide the car for a little

while, you know." EPPINGER asked SM to count out 26 pills for him to deliver to a customer.

102. On September 2, 2011, at approximately 9:30 p.m., LOUIS EPPINGER had a

conversation with SM. EPPINGER told SM, "I am going to talk to her (BRITTANY GLASS)

and quiz her, and see where her head is at, you know." SM replied, "Right. Because she might

be trying to set you up." SM continued, "You need to be f--king careful."

103. On September 2, 2011, at approximately 9:44 p.m., BRITTANY N. GLASS placed

a telephone call to LOUIS EPPINGER. GLASS told EPPINGER that she was in jail.

104. On September 2, 2011, at approximately 9:55 p.m., LOUIS EPPINGER had a

conversation with ML. EPPINGER relayed to ML the circumstances surrounding BRITTANY

GLASS' arrest. EPPINGER told ML that GLASS insisted on going to the Rite Aid Pharmacy

because her "aunt" worked there. EPPINGER told ML, "I burnt that shit out in 2009, Sadie, that

spot." EPPINGER told ML that he argued with GLASS about going to the Rite Aid that evening

instead of the CVS Pharmacy on 79th and Euclid Avenue, telling her, "I said that is where we be

killing them at (successfully passing fraudulent prescriptions), why change up? If it ain't broke,

don't fix it?" EPPINGER continued that when the police car pulled into the parking lot of the

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Rite Aid, he called GLASS, "to let her know get out of there." EPPINGER explained that he

followed the police into the store, trying to get GLASS' attention, and that he couldn't do so

because GLASS was not paying attention, but rather was texting.

105. On September 2, 2011, at approximately 9:59 p.m., LOUIS EPPINGER had a

conversation with ML. EPPINGER told ML, "And if she had just answer the god damn phone. I

could have told her to shoot straight down the last aisle." EPPINGER attempted to assure ML

that GLASS would get a bond, possibly a personal bond. EPPINGER told ML that, "It wasn't no

strong ass narcotic. It was f--k ass Percocet." EPPINGER told ML that, "They give probation on

that Perc

Everybody

I know went in on Peres, first time got probation." EPPINGER told ML,

"Just tell her to keep her mouth shut (don't talk to law enforcement), you hear me?"

106. On September 3, 2011, at approximately 1:13 p.m., BRITTANY N. GLASS placed

a telephone call to LOUIS EPPINGER. GLASS told EPPINGER that she was out of jail on a

personal bond. GLASS told EPPINGER that she was shown two prescriptions by the police at

the time of her arrest. EPPINGER told GLASS, "Let me tell you how the game go," and then

explained to her, "Reason why 1 didn't tell you that side 'cause knew your little scary ass would

be nervous goin' in there. But that's all they do. All you know about is what you done. All that

other shit is nothin'. You hear me?" EPPINGER told GLASS, "I don't like talkin' on this

phone." GLASS told EPPINGER, "We goin' to Sadie's house. Meet us."

107. On September 3, 2011, at approximately 5:14 p.m., LOUIS EPPINGER had a

conversation with ML. EPPINGER told ML, "You did all that cryin' and didn't I tell you she

was gonna get a personal (personal bond)?" ML replied, "Yeah." EPPINGER continued, "Told

ya if she went to court today she gonna get a personal because it ain't shit. And all that shit

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talkin' is what they told her. It still ain't shit. Okay?" EPPINGER continued, "It still ain't shit.

It don't make no difference if her hand on the paper or not. It still, it still ain't shit, Boo. Only

thing they can get you for is what the f--k they arrest you for and it ain't shit. And she might beat

that, you know?" EPPINGER concluded, "That's like ah, ah, ibuprofen, urn category. It's not

like oxycontin, you know."

108. On September 3, 2011, at approximately 5:17 p.m., LOUIS EPPINGER had a

conversation with an unidentified female drug customer. EPPINGER explained that he would

have delivered pills to her yesterday, and that he would have had "damn near two, three hundred

(pills)," but "my boo (walker) got popped (arrested) yesterday."

109. On September 6, 2011, at approximately 8:35 a.m., LOUIS EPPINGER had a

conversation with an unidentified man, who asked EPPINGER, "So you say Shorty (BRITTANY

GLASS) got caught up?" EPPINGER replied, "Yeah, she out (of jail) now though." EPPINGER

continued, "Take her ass (GLASS) to work (passing fraudulent prescriptions) today." The male

asked, "So she rolling solo (was she working alone when she was arrested)?" EPPINGER

replied, "No, she was with me."

110. On September 6, 2011, at approximately 4:01 p.m., LOUIS EPPINGER had a

conversation with PATRICIA ARNOLD. ARNOLD asked EPPINGER, "What you going to do

today?" EPPINGER replied, "I am trying to put some work in (pass some fraudulent

prescriptions)." ARNOLD asked EPPINGER, "So what you coming down this way, or what?"

EPPINGER replied, "Yeah, I be down there." ARNOLD replied, "Ok. I'll be here."

111. On September 6, 2011, at approximately 6:34 p.m., LOUIS EPPINGER had a

conversation with PATRICIA ARNOLD. EPPINGER told ARNOLD, "I'm on my way now."

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112. On September 6, 2011, at approximately 8:11 p.m., BRITTANY N. GLASS

attempted to pass a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly

written by Dr. N.E. for patient T.F., at the CVS Pharmacy located at 7965 Euclid Avenue,

Cleveland, Ohio.

113. On September 6, 2011, at approximately 9:43 p.m., LOUIS EPPINGER had a

conversation with JUDY BURROWS. EPPINGER told BURROWS, "Hey, I got uh, I got 90 of

them things. You want them or what?" BURROWS replied, "90 more what? Green ones

(Oxycontin)?" EPPINGER replied, "Yeah, the green." BURROWS told EPPINGER, "Right

now, no, I don't need any." BURROWS continued, "I think he (a customer) said he is in the

think he said he thinks tomorrow he'll need those 30 (pills). He had the cash

replied, "Alright, I see you tomorrow, alright."

" EPPINGER

I

114. On September 16, 2011, at approximately 8:16 p.m., BRITTANY N. GLASS

caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count, purportedly written by

Dr. P.K. for patient D.P., to be filled at the Giant Eagle Pharmacy located at 5744 Transportation

Boulevard, Garfield Heights, Ohio.

115. On September 19, 2011, at approximately 8:09 p.m., a "walker" working for

LOUIS EPPINGER, caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. P.K. for patient K.R., to be filled at the Rite Aid Pharmacy located at

20405 Chagrin Blvd., Shaker Heights, Ohio.

116. On September 26, 2011, at approximately 7:49 p.m., a "walker" working for

LOUIS EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

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purportedly written by Dr. P.K. for patient A.L., to be filled at the Giant Eagle Pharmacy, 5744

Transportation Blvd., Garfield Heights, Ohio.

117. On October 21, 2011, at approximately 5:05 p.m., ELIZABETH DAVIS attempted

to fill a fraudulent prescription for Percocet, 90 count, purportedly written by Dr. P.K. for patient

Elizabeth Davis, at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland, Ohio. At that

time, DAVIS was arrested by officers of the Cleveland Police Department.

118. On October 24, 2011, at approximately 6:55 p.m., a "walker" working for LOUIS

EPPINGER caused a fraudulent prescription for 80 milligrams of Oxycontin, 90 count,

purportedly written by Dr. N.E. for patient K.R., to be filled at the Rite Aid Pharmacy located at

10502 St. Clair Avenue, Cleveland, Ohio.

119. On November 25, 2011, at approximately 8:10 p.m., a "walker" working for

LOUIS EPPINGER caused a fraudulent prescription for Percocet, 90 count, purportedly written

by Dr. N.E. for patient K.R., to be filled at the Giant Eagle Pharmacy located at 5744

Transportation Blvd., Garfield Heights, Ohio.

120. On December 2, 2011, at approximately 7:15 p.m., a "walker" working for LOUIS

EPPINGER attempted to fill a fraudulent prescription for Percocet, 90 count, purportedly written

by Dr. N.E. for patient S.B., at the CVS Pharmacy located at 7965 Euclid Avenue, Cleveland,

Ohio.

121. On January 18, 2012, ANTHONY H. PERRY, attempted to fill a fraudulent

prescription for Percocet, 90 count, purportedly written by Dr. P.K. for patient M.L., at the Rite

Aid Pharmacy located at 10090 Chester Avenue, Cleveland, Ohio.

All in violation of Title 21, United States Code, Section 846.

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The Grand Jury further charges:

COUNT 2 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1), (b)(1)(C))

122. On or about June 15, 2011, in the Northern District of Ohio, Eastern Division,

ELIZABETH DAVIS, aka MIRA, did knowingly and intentionally possess with intent to

distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

The Grand Jury further charges:

COUNT 3 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1), (b)(1)(C))

123. On or about July 13, 2011, in the Northern District of Ohio, Eastern Division,

ELIZABETH DAVIS, aka MIRA, did knowingly and intentionally possess with intent to

distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

The Grand Jury further charges:

COUNT 4 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1), (b)(1)(C))

124. On or about August 11, 2011, in the Northern District of Ohio, Eastern Division,

ELIZABETH DAVIS, aka MIRA, did knowingly and intentionally possess with intent to

distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

The Grand Jury further charges:

COUNT 5 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1), (b)(1)(C))

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125. On or about August 19, 2011, in the Northern District of Ohio, Eastern Division,

BRITTANY N. GLASS did knowingly and intentionally possess with intent to distribute

Oxycodone, specifically Percocet, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

The Grand Jury further charges:

COUNT 6 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1), (b)(1)(C))

126. On or about August 23, 2011, in the Northern District of Ohio, Eastern Division,

BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally possess with

intent to distribute Oxycodone, specifically Percocet, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

The Grand Jury further charges:

COUNT 7 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1), (b)(1)(C))

127. On or about August 25, 2011, in the Northern District of Ohio, Eastern Division,

BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally possess with

intent to distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

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The Grand Jury further charges:

COUNT 8 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1), (b)(1)(C))

128. On or about August 30, 2011, in the Northern District of Ohio, Eastern Division,

BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally possess with

intent to distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(c).

The Grand Jury further charges:

COUNT 9 (Attempt to Possess with Intent to Distribute Oxycodone, 21 U.S.C. §§841(a)(1), (b)(1)(C), 846)

129. On or about September 2, 2011, in the Northern District of Ohio, Eastern Division,

BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally attempt to

possess with intent to distribute Oxycodone, specifically Percocet, a Schedule II controlled

substance.

All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)( C).

The Grand Jury further charges:

COUNT 10 (Attempt to Possess with Intent to Distribute Oxycodone, 21 U.S.C. §§841(a)(1), (b)(1)(C), 846)

130. On or about September 6, 2011, in the Northern District of Ohio, Eastern Division,

BRITTANY N. GLASS and LOUIS EPPINGER did knowingly and intentionally attempt to

possess with intent to distribute Oxycodone, specifically Oxycontin, a Schedule II controlled

substance.

All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)( C).

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The Grand Jury further charges:

COUNT 11 (Possession with Intent to Distribute Oxycodone, 21 U.S.C. §841(a)(1),(b)(1)(C))

131. On or about September 16, 2011, in the Northern District of Ohio, Eastern

Division, BRITTANY N. GLASS did knowingly and intentionally possess with intent to

distribute Oxycodone, specifically Oxycontin, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)( C).

The Grand Jury further charges:

COUNT 12 (Attempt to Possess with Intent to Distribute Oxycodone, 21 U.S.C. §§841(a)(1), (b)(1)(C), 846)

132. On or about October 21, 2011, in the Northern District of Ohio, Eastern Division,

ELIZABETH DAVIS, aka MIRA and LOUIS EPPINGER did knowingly and intentionally

attempt to possess with intent to distribute Oxycodone, specifically Percocet, a Schedule II

controlled substance.

All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(C).

The Grand Jury further charges:

COUNT 13 (Attempt to Possess with Intent to Distribute Oxycodone, 21 U.S.C. §§841(a)(1),(b)(1)(C), 846 )

133. On or about January 18, 2012, in the Northern District of Ohio, Eastern Division,

ANTHONY H. PERRY, did knowingly and intentionally attempt to possess with intent to

distribute Oxycodone, specifically Percocet, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(C).

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The Grand Jury further charges:

COUNTS 14 - 19 (Using a Telephone During the Commission of a Felony, 21 U.S.C. §843(b))

134. On or about the dates and times listed below, in the Northern District of Ohio,

Eastern Division and elsewhere, the defendants listed below did knowingly and intentionally use

a communication facility, to wit: a telephone, to facilitate acts constituting a felony under Title

21, United States Code, Sections 841(a)(1) and 846:

Count Defendants

Date

Time

14 PATRICIA ARNOLD, LOUIS EPPINGER

August 12, 2011

1:55 p.m.

15 BRITTANY N. GLASS, LOUIS EPPINGER

August 23, 2011

5:07 p.m.

16 ANTHONY H. PERRY, aka CHOPS LOUIS EPPINGER

July 27, 2011

6:50 p.m.

17 ELIZABETH DAVIS, aka MIRA LOUIS EPPINGER

July 13, 2011

8:12 p.m.

18 JUDY L. BURROWS LOUIS EPPINGER

August 23, 2011

7:15 p.m.

19 JAMES BYRGE, LOUIS EPPINGER

July 17, 2011

3:31 p.m.

All in violation of Title 21, United States Code, Section 843(b).

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The Grand Jury further charges:

COUNTS 20 - 37 (Health Care Fraud, 18 U.S.C. §1347)

135. At all times relevant to this Indictment, Medicaid provided medical insurance

coverage for the poor under the Social Security Act (42 U.S.C. §1396 et seq.). Medicaid was

administered in Ohio by the Ohio Department of Job and Family Services (ODJFS). Federal

funds paid for 60% of Ohio Medicaid benefits; the State of Ohio funded the remainder. Ohio

Medicaid was a federal health care benefit program within the meaning of 18 U.S.C. §1347.

136. It was a part of the scheme and artifice to defraud that from at least January 2011

through December 2011, LOUIS EPPINGER obtained stolen blank prescriptions.

137. It was a further part of the scheme and artifice to defraud that LOUIS EPPINGER

caused the stolen prescriptions to be written for Schedule II controlled substances, principally

Oxycontin, knowing that he had no legitimate medical need for these prescriptions and that they

would be filled and the drugs used for illegal purposes.

138. It was a further part of the scheme and artifice to defraud that LOUIS EPPINGER

caused the fraudulent prescriptions to be filled at pharmacies using other people's Medicaid

benefits. The pharmacies filled the illegal prescriptions in another person's name and submitted

claims for payment to Ohio Medicaid. From January 2011 through December 2011, EPPINGER

caused at least 18 claims for illegal prescriptions in another person's name to be submitted to

Ohio Medicaid for a billed amount of $23,845.56. These claims were for dispensing 1,620

Schedule II pills, namely Oxycontin. Ohio Medicaid paid $21,098.25 on those claims for illegal

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prescriptions; the person who obtained each illegal prescription only had to pay at most a two

dollar co-payment.

139. From in or around January 2011, through in or around December 2011, in the

Northern District of Ohio, Eastern Division, and elsewhere, the defendants named below

knowingly and willfully executed, and attempted to execute, a scheme and artifice to defraud the

Medicaid health care benefit program, and to obtain, by means of false and fraudulent pretenses,

representations and promises described herein, money and property owned by, and under the

custody and control of, a health care benefit program, Ohio Medicaid, in connection with the

delivery of and payment for health care benefits, items and services.

140. On or about the dates listed below, in the Northern District of Ohio and elsewhere,

the defendants named below, having knowingly and willfully executed and attempted to execute

the scheme and artifice to defraud the Ohio Medicaid program described above, and to obtain

money, by means of the false and fraudulent pretenses, representations and promises described

above, did execute and attempt to execute the scheme by causing the submission of claims for

reimbursement as set forth below:

Count

Defendants

Dispensation

Billed

Paid

NUmber Medicaid

 

Date

Amount

Amount

of Pills

Recipient

20

LOUIS EPPINGER

1/11/2011

$1,236.33

$1,102.50

90

A.L.

21

LOUIS EPPINGER

3/17/2011

$1,328.91

$1,102.50

90

A.L.

22

LOUIS EPPINGER ELIZABETH DAVIS

6/15/2011

$1,328.91

$1,185.12

90

E.D.

23

LOUIS EPPINGER

6/30/2011

$1,328.91

$1,185.12

90

A.L.

24

LOUIS EPPINGER ELIZABETH DAVIS

7/13/2011

$1,328.91

$1,185.12

90

E.D.

25

LOUIS EPPINGER

7/18/2011

$1,330.81

$1,183.12

90

K.R.

26

LOUIS EPPINGER

7/27/2011

$1,328.91

$1,183.12

90

A.L.

27

LOUIS EPPINGER

8/1/2011

$1,328.91

$1,185.12

90

A.L.

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Count

Defendants

Dispensation

Billed

Paid

Number Medicaid

 

Date

Amount

Amount

cif Pills

Recipient

28 LOUIS EPPINGER ELIZABETH DAVIS

8/11/2011

$1,328.91

$1,183.12

90

E.D.

29 LOUIS EPPINGER

8/17/2011

$1,328.91

$1,183.12

90

D.P.

30 LOUIS EPPINGER

8/21/2011

$1,330.81

$1,183.12

90

K.R.

31 LOUIS EPPINGER BRITTANY N. GLASS

8/25/2011

$1,328.91

$1,183.12

90

A.L.

32 LOUIS EPPINGER

8/28/2011

$1,330.81

$1,183.12

90

D.A.

33 LOUIS EPPINGER BRITTANY N. GLASS

8/30/2011

$1,328.91

$1,185.12

90

A.L.

34 LOUIS EPPINGER BRITTANY N. GLASS

9/16/2011

$1,333.99

$1,183.12

90

D.P.

35 LOUIS EPPINGER

9/19/2011

$1,330.81

$1,183.12

90

K.R.

36 LOUIS EPPINGER

9/26/2011

$1,333.99

$1,183.12

90

A.L.

37 LOUIS EPPINGER

10/24/2011

$1,328.91

$1,136.45

90

K.R.

The Grand Jury further charges:

COUNT 38 (Aggravated Identity Theft, 18 U.S.C. §§ 1028A(a)(1) and 2)

141. On or about August 25, 2011, in the Northern District of Ohio, Eastern Division,

and elsewhere, LOUIS EPPINGER, during and in relation to felony violation(s) of Title 18

United States Code, Section 1347 (Health Care Fraud), knowingly transferred, possessed and

used without lawful authority a means of identification of A.L., and aided and abetted the

transfer, possession and use without lawful authority of a means of identification of A.L. (a real

person known to the Grand Jury), knowing that the means of identification belonged to another

person.

All in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.

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The Grand Jury further charges:

COUNT 39 (Aggravated Identity Theft, 18 U.S.C. §§ 1028A(a)(1) and 2)

142. On or about August 1, 2011, in the Northern District of Ohio, Eastern Division, and

elsewhere, LOUIS EPPINGER, during and in relation to felony violation(s) of Title 18 United

States Code, Section 1347 (Health Care Fraud), knowingly transferred, possessed and used

without lawful authority a means of identification of C.R., and aided and abetted the transfer,

possession and use without lawful authority of a means of identification of C.R. (a real person

known to the Grand Jury), knowing that the means of identification belonged to another person.

All in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2.

A TRUE BILL.

Original document - - Signatures on file with the Clerk of Courts, pursuant to the E-Government Act of 2002.

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