An Oklahoma City clinic claiming to help men by treating sexual dysfunction has been accused of defrauding its clientele. Federal prosecutors filed felony fraud charges against the company, saying it dispensed misbranded prescription drugs with the intent to defraud or mislead.
Charges in the Case
The Oklahoma Male Clinic, Inc., faces a fine of up to $500,000 if the company is found guilty of dispensing misbranded medications, and it is also the subject of a civil suit by the Federal Food and Drug Administration. The FDA is asking to collect $165,281 of the clinic's profits, saying that the funds obtained from fraudulent activity are subject to seizure and forfeiture.
Two men associated with the clinic, Michael Schlueter, 53, and Thomas Variola, 53, have been charged with misdemeanors for allegedly dispensing misbranded drugs without a valid prescription. If convicted, each man faces up to one year in jail and a fine of up to $1,000. The men, who both live out of state, are represented by an Oklahoma City fraud lawyer who declined to comment to local media about the case. According to federal investigators,
The Oklahoma Male Clinic purported to help men with sexual dysfunction that was not otherwise helped by drugs such as Viagra. According to an FDA investigator, "The patient may or may not meet with a doctor or nurse practitioner who conducts a rudimentary and basic examination. The doctor or nurse practitioner does not diagnose the customer or offer further consultation.
Medical technicians and/or other unlicensed staff take different blood and other samples from the patient to be sent off for analysis.” Though the clinic's website stated, "“We offer safe treatment by caring, licensed doctor," employees say that doctors were not involved in developing a patient's treatment plan, which generally involved an injection of a combination of four drugs collected in a syringe without exact measurement.
Drug amounts were based on estimates and were dispensed to patients without a valid prescription from a licensed medical practitioner. According to the reporting FDA agent, the medications offered to patients were provided at a cost that greatly exceeded the drugs' retail values.
Fraud Charges and Related Defense Strategies
If you are facing charges of fraud you should speak to a qualified legal defense team before speaking with anyone else. Do not divulge any information that can (and oftentimes WILL) be considered evidence against you in court. At Phillips & Associates we offer experienced counsel for those facing criminal charges. Contact us today for a free consultation on your case.