Doctor gets federal prison sentence for illegal distribution of oxycodone

Dr. Kevin R. Clemmer sentenced

DENVER - Dr. Kevin R. Clemmer, 60, of Evergreen, Colo., was sentenced Thursday by U.S. District Court Judge Robert E. Blackburn to serve 48 months in federal prison for the illegal distribution of oxycodone and money laundering, federal authorizes announced.  

Following his prison sentence, Clemmer was ordered to spend 3 years on supervised release.  Judge Blackburn also ordered Clemmer to pay restitution.  The defendant, who appeared at the sentencing hearing free on bond, was ordered to report to a U.S. Bureau of Prisons facility by noon on the date that it is designated.

Clemmer was indicted by a federal grand jury in Denver on May 16, 2011, and pled guilty on May 23, 2013 to count one (illegal distribution) and count sixty-two (money laundering) of the indictment.  According to the stipulated facts contained in the plea agreement, as well as the indictment, the investigation began in April 2009 and continued through September 2010.  The investigation established Clemmer knowingly and intentionally distributed and dispensed oxycodone, a schedule II controlled substance, outside the scope of professional practice and not for legitimate medical purposes. 

On May 20, 2010, Clemmer met with an undercover officer. The undercover officer described minimal pain management needs and symptoms which did not require, as part of the scope of professional practice, the prescription of oxycodone.  However, Clemmer did prescribe 120 doses (pills) of 15 milligram oxycodone to the undercover officer after a very limited medical screen and evaluation.  These prescriptions were done outside the scope of professional practice and not for legitimate medical purposes.

Additionally, Clemmer did distribute by prescription, outside the scope of professional practice and not for legitimate medical purposes, oxycodone to Ryan Lujan. On September 2, 2010, Clemmer did prescribe oxycodone to Ryan Lujan.  On September 3, 2010, Ryan Lujan died.  The cause of death is listed as an accidental aspiration of gastric contents associated with oxycodone toxicity.  The prescription written by Clemmer (with numerous pills missing) was found at the scene of the death as well as other oxycodone pills which were not prescribed by the defendant.  Clemmer’s prescription helped contribute to the death of Ryan Lujan which was not charged as part of this case.

On May 29, 2010, Clemmer purchased a 1999 Lincoln Continental, using cash which was derived from the illegal distribution of a schedule II controlled substance.  For purposes of relevant conduct, Clemmer stipulates that the total drug quantity for which he is accountable is 186,340 milligrams of oxycodone.

"Doctors who use their prescription pads as a stack of blank checks to write and cash, instead of as a means to heal and comfort the sick, will be held accountable," said U.S. Attorney John Walsh.  "The powerful prescription drugs that Clemmer trafficked are highly addictive and dangerous, as the tragic and fatal consequences of Clemmer’s conduct demonstrate."

"The indictment, guilty plea and subsequent sentencing of Dr. Clemmer demonstrates the law enforcement community’s commitment to identifying those medical professionals who divert medications in an unauthorized manner and misuse their position of trust for personal gain," said DEA Special Agent in Charge Barbra Roach.

"Prescription drug abuse is a serious problem with serious consequences and we will continue to work with our law enforcement partners to insure those individuals who contribute to such abuse are brought to justice," said Stephen Boyd, Special Agent in Charge for IRS Criminal Investigation, Denver Field Office.           

The case was investigated by the Drug Enforcement Administration (DEA) Tactical Diversion Squad and the Internal Revenue Service (IRS) – Criminal Investigation.

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