Brown Discusses Charges Filed Against Howard K. Stern and Two Physicians For Conspiring to Illegally Furnish Controlled Substances to Anna Nicole Smith

Friday, March 13, 2009
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Los Angeles – Attorney General Edmund G. Brown Jr. today discussed charges filed Thursday evening against three individuals -- Howard K. Stern, Doctor Khristine Eroshevich, and Doctor Sandeep Kapoor – who “engaged in a criminal conspiracy to illegally furnish” controlled substances to Anna Nicole Smith.

“There is ample evidence that Howard K. Stern and these two physicians engaged in a criminal conspiracy to illegally furnish unwarranted amounts and combinations of highly addictive medications to Anna Nicole Smith,” Attorney General Brown said.

Over a period of three years, Doctor Khristine Eroshevich, Doctor Sandeep Kapoor, and Howard K. Stern furnished thousands of prescription pills to Ms. Smith, including opiates, benzodiazapines, and other controlled and non-controlled substances.

Doctor Eroshevich and Doctor Kapoor falsified prescriptions and furnished thousands of prescription pills to Anna Nicole Smith, often for no legitimate medical purpose. Howard K. Stern funneled those medications to Anna Nicole Smith.

The investigation, launched in March 2007, was a cooperative effort between Attorney General Brown’s Office, the Medical Board of California, the U.S. Drug Enforcement Administration, and the California Department of Insurance, Fraud Division.

Agents from these organizations worked in conjunction with the Los Angeles County District Attorney’s Office executing multiple search warrants, reviewing over 100,000 computer images and text, analyzing patient profiles and pharmacy logs, and have interviewed dozens of witnesses throughout the country and abroad.

Eleven felony counts were filed Thursday by the Los Angeles County District Attorney’s Office.

Counts 1-3: Each defendant was charged with conspiracy counts for prescribing, administering, and dispensing controlled substances to an addict; obtaining a controlled substances by fraud, deceit, or misrepresentation; obtaining a controlled substance by false name or address; issuing a prescription that is false or fictitious; and repeatedly and excessively prescribing, furnishing, dispensing, or administering drugs.

Count 4: Howard K. Stern and Doctor Kapoor were charged with unlawfully prescribing a controlled substance.

Count 5: Howard K. Stern and Doctor Eroshevich were charged with unlawfully prescribing a controlled substance.

Count 6: Doctor Kapoor was charged with obtaining a prescription for opiates by fraud, deceit, or misrepresentation.

Count 7: Doctor Eroshevich was charged with obtaining a prescription for opiates by fraud, deceit, or misrepresentation.

Count 8: Doctor Kapoor was charged with obtaining a prescription for opiates by giving a false name or address.

Count 9: Doctor Eroshevich was charged with obtaining a prescription for opiates by giving a false name or address.

Count 10: Howard K. Stern and Doctor Kapoor were charged with prescribing, administering, or dispensing a controlled substance to an addict.

Count 11: Doctor Eroshevich was charged with prescribing, administering, or dispensing controlled substances to an addict.

Bail was set for $20,000 for each defendant. Arraignment dates have been set for May 2009.

Doctor Kapoor and Mr. Stern turned themselves in to California Department of Justice agents at the Whittier Police Department Thursday night, and subsequently posted $20,000 bond. Doctor Eroshevich is expected to turn herself in and be taken into custody early next week.

Prescription drug abuse is not isolated to this case. Attorney General Brown’s office has investigated and filed charges in more than 200 cases -- both against physicians who have abused their trust and patients who go from doctor to doctor in search of drugs.

Attorney General Brown has also made it a priority to improve California’s prescription monitoring program, known as CURES, which is a critical tool in assisting law enforcement in investigating these types of crimes.

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