COTTONWOOD HEIGHTS, Utah, Nov. 1, 2022 (Gephardt Daily) — A federal judge has permanently barred a Utah physician from issuing prescriptions for opioids and other controlled substances.
The judge’s consent order “resolves allegations made by the United States against Dr. Sean Ponce, a medical doctor licensed in Utah,” says a statement released by the United States Department of Justice.
“In a complaint filed in U.S. District Court for the District of Utah, the government alleged that Dr. Ponce unlawfully issued controlled substance prescriptions in violation of the Controlled Substances Act.”
The complaint alleged that Ponce catered to customer requests for opioids and other controlled substances, at times using text messages to arrange the exchange of prescriptions for cash.
The complaint further alleged that Ponce used virtual office space in Cottonwood Heights to meet with cash-paying customers to maintain the guise of a medical practice despite the routine lack of legitimate examinations, medical findings supporting the prescriptions, or bona-fide doctor-patient relationships, the statement says.
“Doctors who facilitate the illegal diversion of opioids and other controlled substances harm the public and violate the law,” principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said in the released statement.
“The Department of Justice will continue working with its partners to stop medical professionals who seek to profit from the opioid addiction epidemic.”
A statement from Ponce’s attorney, Jonathan Meltz of the Miami firm Chapman Law Group, says the following:
“Dr. Ponce consented to the entry of the order without admission or finding of fact, law, liability, or wrongdoing and only to avoid the delay, uncertainty, inconvenience, and expense of protracted litigation.”
U.S. Attorney Trina A. Higgins for the District of Utah said her office enforces the provisions of the Controlled Substances Act.
“This includes violations of the Act committed by doctors and healthcare professionals who unlawfully distribute controlled substances under the guise of legitimate medical practice.”
Special Agent in Charge Brian Besser for the DEA Rocky Mountain Division said medical professionals who break laws abuse public trust.
“When public trust is broken and healthcare providers seek to benefit from those that are at risk, they will most certainly be held accountable.”
The consent order, entered by U.S. District Judge David Barlow, required Ponce to pay a $65,000 civil penalty. The order also permanently prohibits Ponce from administering, dispensing or distributing controlled substances and from managing or supervising other medical providers who work with or prescribe opioids or controlled substances.
The order also prohibits Ponce from owning a business or medical practice where opioids or controlled substances are handled.
