Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on January 5, 2021, a federal grand jury indicted John D. Whelan (age: 74), a psychiatrist, and Tina Montezon (age: 58), a licensed nurse, both of Fond du Lac, Wisconsin, for conspiring to distribute controlled substances, including Buprenorphine, Ritalin, Xanax, and Adderall outside the course of a professional medical practice and not for a legitimate medical purpose, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846.
The indictment also charges Whelan and Montezon with maintaining a drug-involved premises, in violation of 21 U.S.C. § 856(a)(1), and making false statements to federal agents, in violation of 18 U.S.C. § 1001. If convicted, Whelan and Montezon face a maximum sentence of twenty years in prison, up to three years of supervised release, up to a $1,000,000 fine, and a $100 Special Assessment.
According to the indictment, defendants prescribed controlled substances outside the course of professional medical practice from a residence located on Clinton Street in Fond du Lac, Wisconsin. Defendants gave those prescriptions from the residence on Saturdays in exchange for $200 to $300 per prescription.
“The Justice Department will hold accountable medical professionals who abuse their prescribing privileges for personal gain,” stated United States Attorney Krueger.
“This indictment demonstrates the value of federal law enforcement working closely with state/local law enforcement and prosecutors,” said Drug Enforcement Administration (DEA) Chicago Division Special Agent in Charge Robert J. Bell. “DEA and our partners continue to work in harmony to improve public health and safety, while holding rogue practitioners and medical professionals accountable for the diversion of controlled substances.”
The Drug Enforcement Administration and the Lake Winnebago Area Metropolitan Enforcement Group investigated the case, which Assistant United States Attorneys Julie F. Stewart and Kevin Knight will prosecute.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt
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For Additional Information Contact: Public Information Officer Kenneth Gales