United States District Court, District of Columbia
E. BOASBERG United States District Judge.
Titilayo Akinyoyenu is a local pharmacist who also ran an
online pharmacy. To obtain a prescription drug from him over
the internet, customers would place an order and fill out a
medical questionnaire. Defendant then paid doctors -
including Co-Defendant Alan Saltzman - to review these
questionnaires and issue prescriptions for the ordered drugs,
thereby green-lighting the online pharmaceutical dealings. In
2015, a grand jury returned an Indictment charging Akinyoyenu
and Saltzman with conspiracy to distribute controlled
substances without valid prescriptions and to commit mail
fraud by deceiving customers in the process.
now asks the Court to dismiss the Indictment without
prejudice on the basis that the grand jury did not hear the
whole truth and, sometimes, even heard false testimony. As
the Court does not see how the misstatements by the
Government - if they are misstatements at all - substantially
swayed the grand jury, it will deny Defendant’s Motion.
parties agree on the basic facts. Akinyoyenu sold drugs, many
of which required prescriptions, from his internet pharmacy
between 2005 and 2010. See Mot. at 2; Opp. at 3.
Part of his sales model was to have customers fill out
medical questionnaires requesting prescriptions when they
ordered drugs; Defendant would then forward those
questionnaires to physicians - one of whom was Saltzman - who
would prescribe or refuse to prescribe the sought drugs.
See Mot. at 2; Opp. at 3. If approved, the drugs
shipped. See Mot. at 2; Opp. at 3-7.
this, the facts get murkier. For now, the Court focuses on
what the Government told the grand jury. Although the parties
did not submit all the relevant transcripts of grand-jury
testimony, the Court relies on their briefs as there is no
dispute over the words said. See Mot. at 4-5, 8-9
(quoting May 15, 2014, Grand Jury Transcript); Reply at 3-4
the grand jury learned that Saltzman approved many
prescriptions and denied others, but the facts are not clear
about the total volume of orders. An FBI agent testified that
Defendant’s website received 38, 363 prescription-drug
orders. See May 15, 2014, GJ Tr. At 47. An email
from the website host to the FBI, conversely, counts 57, 804
prescriptions approved by Saltzman. See ECF 65-2 (GJ
Exh. 48); see also ECF No. 66 (June 5, 2014, GJ Tr.)
at 10 (same). The Court need not now resolve this
discrepancy. With regard to how many prescriptions Saltzman
rejected, the grand jury heard the following:
JUROR: Were any - not just with Dr. Saltzman, but in the
course of the investigation, were any people’s
prescription requests ever denied?
JUROR: There were some denied?
PROSECUTOR: About - about how many?
WITNESS: Not - not very many. I don’t know the exact
amount but not many.
PROSECUTOR: Well, if we had like 38, 363 orders that were