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Office of the District Attorney P. David Soares Two More ‘Operation Which Doctor’ Defendant Pleads Guilty ALBANY , NY – District Attorney P. David Soares today announced that MONDAY MILLER, 38, of Sugarland, TX pled guilty to (1) count of Criminal Diversion of Prescription Medications in the 2 nd Degree and EUGENE BOLTON, 40, of Sugarland, TX plead guilty to (1) count of Attempted Criminal Sale of a Prescription for a Controlled Substance before the Honorable Thomas Breslin. Under the agreement, MILLER and BOLTON pled guilty to Class “D” Felonies in exchange for full cooperation in the case against Signature Pharmacy. MILLER faces a maximum sentence of 5 years probation and BOLTON faces up to 6 month in prison and 5 years probation. “Today is a significant day in the case against Signature Pharmacy,” stated DA Soares after witnessing the testimony of MILLER and BOLTON. “The statements made in court this morning by the two cooperating defendants shed new light on the intricacies of ‘Operation Which Doctor’. We look forward to continuing to prosecute those responsible for providing illegal narcotics and controlled substances to the people of Albany County.” The thirty-two count indictment alleged that on or about the 5 th day of September, 2006, during normal working hours, at Room 1210, 112 State Street, in the City of Albany, MONDAY MILLER committed a criminal diversion act by selling prescriptions to various customers in excess of three thousand dollars. During this transaction, she faxed prescriptions to a Dr. John Doe, an undercover investigator with a DEA prescription number and a New York Medical License, in furtherance of the crime. On or about the 31 st day of October, 2006, during normal working hours, at Room 1210, 112 State Street, in the City of Albany, EUGENE BOLTON did knowingly and unlawfully, when being a practitioner, as that term is defined in section thirty-three hundred two of the public health law, attempt to sell a prescription for a controlled substance, testosterone cypionate, by faxing pre-written prescriptions for signature by Dr. John Doe, an undercover investigator with a DEA prescription number and a New York Medical License, when that doctor never examined the patient. In New York State, a doctor may not prescribe a drug unless they conduct a face-to-face diagnostic examination of the patient, and a pharmacy may not dispense a prescription drug without a valid prescription. ADA Chris Baynes from the Financial Crimes Unit handled the MILLER and BOLTON pleas and will continue to prosecute all defendants involved in ‘Operation Which Doctor’. Sentencing for MONDAY MILLER and EUGENE BOLTON is scheduled for June 22, 2007 and may be postponed to facilitate full cooperation against others involved in this case. # # # For further information contact: Heather Streeter Orth
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