United States Attorney's Office for the Southern District of New York

09/08/2025 | Press release | Distributed by Public on 09/08/2025 14:34

Government Announces Settlement With Manhattan Pharmacist For Unlawful Distribution Of Controlled Substances

United States Attorney for the Southern District of New York,Jay Clayton, and Special Agent in Charge of the New York Division of the Drug Enforcement Administration ("DEA"), Frank A. Tarentino, announced that the United States has settled a civil Controlled Substances Act lawsuit against JANELLE HARRIS, the owner and supervising pharmacist of THE PHARMACY @ LCC ("THE PHARMACY"), a now-defunct pharmacy that previously operated in Manhattan. The settlement resolves claims that THE PHARMACY, under HARRIS's supervision and direction, repeatedly filled prescriptions for controlled substances that contained "red flags"-warning signs that should have created a reasonable suspicion that the prescriptions were not legitimate.

The Government's Complaint alleged violations of the Controlled Substances Act and asked the Court to order HARRIS to pay penalties pursuant to that statute. Under the settlement, which was approved on Friday, September 5, 2025, by U.S. District Judge Jed S. Rakoff, HARRIS agreed to pay a total sum of $100,000. The settlement amount is based on the Office's assessment of HARRIS's ability to pay based on financial information she provided. HARRIS has also executed a Consent Judgment in the amount of $16,700,000, which may be enforced if she does not make the payments required under the settlement agreement. As part of today's court-ordered settlement, HARRIS is also barred for five years from serving as a supervising pharmacist, and for seven years from owning, controlling, operating, or managing a pharmacy that purchases, stores, or dispenses controlled substances. HARRIS also made extensive factual admissions regarding her conduct.

"Pharmacists and other healthcare professionals cannot turn a blind eye to opioid abuse," said U.S. Attorney Jay Clayton. "Pharmacists who recklessly ignore warning signs of diversion will be held accountable."

"Pharmacists are not exempt from their regulatory responsibilities, especially when dealing with controlled substances and the dangerous effects they have when misused," said DEA Special Agent in Charge Frank A. Tarentino. "This settlement reflects DEA's commitment to making sure measures are in place to safeguard the community and hold DEA registrants accountable. I commend our Diversion Investigators for bringing this matter to a resolution."

As alleged in the Complaint:

Between 2014 through 2018 (the "Covered Period"), HARRIS, a pharmacist licensed in the State of New York, owned and operated THE PHARMACY and served as its head pharmacist. As THE PHARMACY's owner and head pharmacist, HARRIS had a duty to ensure that prescriptions filled at THE PHARMACY for controlled substances, including Schedule II controlled substances, were for a legitimate medical purpose before dispensing those drugs. As part of this duty, HARRIS was required to look for "red flags" indicating that the prescribed controlled substances were at risk for abuse or diversion, or not for a legitimate medical purpose.

However, during the Covered Period, The Pharmacy, under HARRIS's supervision and direction, repeatedly filled prescriptions for Schedule II controlled substances, such as Oxycodone, that presented significant red flags. Such red flags included cash payments by customers for Schedule II controlled substances, numerous prescriptions for a Schedule II controlled substance written by a single doctor, and prescriptions with semi-consecutive prescription numbers. HARRIS and her supervisees ignored these red flags and failed to take sufficient steps to resolve them before filling the prescriptions. Some of THE PHARMACY's prescriptions for Schedule II controlled substances, such as Oxycodone, were ultimately determined to be issued without a legitimate medical purpose.

As part of the settlement, HARRIS admitted and accepted responsibility for certain conduct alleged by the United States, including the following:

  • HARRIS, as a pharmacist and owner of THE PHARMACY, had a duty to ensure that prescriptions filled at THE PHARMACY for controlled substances were for a legitimate medical purpose before dispensing. As part of this duty, HARRIS was required to look for "red flags" indicating that the controlled substances prescribed were at risk for abuse or diversion and/or not for a legitimate medical purpose. Such red flags include but are not limited to: prescriptions for high dosage strengths and/or for large quantities of controlled substances; cash payments for controlled substances; sequential prescription numbers; and multiple prescriptions for controlled substances to a single individual within a short period of time.
  • During the Covered Period, HARRIS and/or employees of THE PHARMACY under her supervision filled prescriptions paid for in cash at THE PHARMACY for Schedule II controlled substances, such as Oxycodone, that were ultimately determined to be issued without a legitimate medical purpose and contained numerous red flags.
  • For example, HARRIS, and/or employees of THE PHARMACY under her supervision, filled prescriptions for Schedule II controlled substances that contained the following indicia of invalidity: over a four-month period, 114 of the 115 prescriptions written by a single doctor were for 120 tablets of Oxycodone 30mg. During this period, no one from THE PHARMACY called this doctor to confirm the validity of these prescriptions.

* * *

Mr. Clayton praised the outstanding investigative work of the DEA.

The case is being handled by the Office's Civil Frauds Unit. Assistant U.S. Attorney Jacob M. Bergman is in charge of the case.

u.s._v._harris_settlement_stipulation.pdf
u.s._v._harris_complaint.pdf
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