Former Albuquerque Dentist Ordered to Pay $320,000 for Violating Controlled Substances and False Claims Acts

ALBUQUERQUE - The U.S. Attorney's Office announced today that a federal court has entered a $320,000.00 judgment against a former Albuquerque dentist to resolve allegations that he violated the Controlled Substances Act (CSA) by unlawfully issuing prescriptions after his professional licenses were revoked or expired.

William C. Gardner, DDS, was licensed to practice dentistry in New Mexico and held a state-controlled substances registration. Between July 17, 2020, and February 1, 2021, he allegedly continued to write prescriptions for patients despite the fact that his state dental license had been officially revoked and his state-controlled substances registration had expired. Because a valid state license is a mandatory prerequisite for federal prescribing authority, Dr. Gardner ceased to legally qualify as a practitioner under federal law.

The government's investigation revealed that Dr. Gardner allegedly used his unique DEA registration number and his office's electronic medical records system to issue 94 unauthorized prescriptions, the vast majority of which were for Schedule II narcotics with a high potential for abuse. He reportedly misled federal authorities during a DEA site visit on January 29, 2021, claiming his licensing was "fine" even though he had unsuccessfully petitioned a federal court for an emergency temporary restraining order to block the state's revocation just three weeks prior.

Following an evaluation of the evidence, the court found Dr. Gardner responsible for 80 of the unlawful prescriptions and ordered him to pay a civil penalty of $4,000.00 per violation under the Controlled Substances Act, resulting in the $320,000.00 total judgment.

U.S. Attorney Ryan Ellison and Mark Putnam, Acting Special Agent in Charge of the Drug Enforcement Administration's El Paso Division, made the announcement today.

The matter was investigated by the U.S. Attorney's Office and the Drug Enforcement Administration. The U.S. Attorney's Office's investigation and litigation were led by Assistant United States Attorney Sean M. Cunniff and Auditors Julie Chappell and Phillip Stella.