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Rizler's lawyer charged in Internet pharmacy scheme

January 25, 2006

Daniel Spivey Adkins, 36, who was general counsel for Xpress Pharmacy Direct, helped deceive legitimate pharmacies into supplying the narcotics that Xpress hawked over the Internet and by telephone. Adkins was arraigned Wednesday and released on a $25,000 bond.

Xpress Pharmacy Direct, which is based in Burnsville, was shut down last May by federal officials and more than $4 million in assets were seized. Xpress Pharmacy Direct made about $18 million in profits, prosecutors believe. The business filled more than 22,000 prescriptions for pain killers and other controlled substances under the name of one physician. Company founder Christopher William Smith, his accountant, Bruce Lieberman, and a doctor in New Jersey, Philip Mach, who issued prescriptions were indicted in August.

Spam King Christopher 'Rizler' Smith is in jail awaiting an October trial in Minneapolis on federal charges that he operated an illegal online pharmacy in 2004 and 2005. Smith's bail was revoked for violating the terms of his release.

Adkins represented Smith in federal court after the pharmacy was shut down, then withdrew from the case in June after he was identified as a target of the investigation.

Last February, pharmacies supplying Xpress began asking the company about its practices after federal regulators warned about illegitimate Internet drug distributors.

In response, Adkins replied with letters assuring them that Xpress was "both legal and authorized by federal and state statutes," according to the indictment. Another letter said Xpress checked with doctors to make sure that every prescription was necessary, even though Xpress never made any efforts to check with its clients' doctors, according to court documents.

Employed by Xpress as general counsel, Adkins helped Smith to hide cash and automobiles after they learned that the business was being investigated, according to authorities.

Adkins was charged with conspiracy to distribute and dispense controlled substances, wire fraud; unlawful distribution and dispensing of controlled substances and misbranding drugs. If convicted of wire fraud he could face up to 20 years in prison and a $250,000 fine, the U.S. attorney's office said.

August 26, 2005 - Rizler pleads not guilty
July 08, 2005 - Spam king Christopher 'Rizler' Smith to be released on $50,000 bail
July 06, 2005 - Spam king defies judge's orders, got caught and goes to jail
May 20, 2005 - Another major spammer smackdown





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