A federal court has permanently barred Tampa-area pharmacist Nathaniel Esalomi from filling prescriptions for opioids and other controlled substances. The court also imposed a civil penalty in a case involving violations of the Controlled Substances Act.
The United States filed a complaint in August 2022, alleging that Esalomi unlawfully distributed opioids by filling invalid prescriptions at Apexx Pharmacy in Hudson, Florida, where he was the owner and sole pharmacist. According to the complaint, Esalomi charged inflated prices for opioid prescriptions and accepted large sums of cash. The complaint also states that he instructed individuals to forge signatures and falsify addresses on forms, and filled prescriptions for people who were deceased.
“Medical professionals who knowingly facilitate the abuse of opioids violate their legal obligations,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department will pursue justice against anyone who seeks to profit from unlawfully distributing opioids.”
“The opioid epidemic has devastated not only our communities here in Florida but the entire nation,” said U.S. Attorney Gregory W. Kehoe for the Middle District of Florida. “Our office will continue to investigate and hold accountable those who contributed to this crisis.”
“Approximately 70 percent of all drug overdose deaths in America involve opioids,” said Special Agent in Charge Deanne L. Reuter of the Drug Enforcement Administration Miami Field Division. “This epidemic began in the mid-1990s, and it’s still something we’re fighting. We will remain steadfast in our effort to remove these poisons from our communities.”
Esalomi agreed to a consent judgment resolving the allegations in the complaint. The order entered by the court permanently prohibits him from distributing controlled substances or managing any entity that dispenses them, and requires payment of $10,000 out of a suspended $500,000 civil penalty. Apexx Pharmacy was dissolved after the government’s August 2022 complaint and remains closed under terms set by the consent order. In addition, Esalomi pleaded no contest to state criminal charges related to this matter.
U.S. District Judge Thomas Barber issued the judgment and permanent injunction in U.S. District Court for the Middle District of Florida following an investigation by DEA’s Tactical Diversion Squad based in Tampa.
Assistant U.S. Attorneys Carolyn B. Tapie and Alexandra N. Karahalios represented the Middle District of Florida alongside Trial Attorney Scott B. Dahlquist from the Justice Department’s Enforcement & Affirmative Litigation Branch.
The allegations outlined are claims that would need proof by a preponderance of evidence if taken to trial.
