Free Search Warrant - District Court of Delaware - Delaware

Case 1:06-mj-00118-IVIPT Document 1 Filed 10/13/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
IN THE MATTER OF THE ADMINISTRATIVE)
INSPECTION: )
) .
MANOR PHARMACY ) MAGISTRATE’S NO: " l I8
1412 N Dupont Highway )
New Castle, Delaware 19720 )
AF F IDAVIT FOR AN ADMINISTRATIVE INSPECTION WARRANT
UNDER THE AUTHORITY OF TITLE 21, UNITED STATES
CODE, SECTION 880
I, Rostant P. Farfan, being duly sworn, depose and say as follows:
1. I am a duly appointed Diversion Investigator of the United States Department of
Justice, Drug Enforcement Administration. I am assigned to the Philadelphia Field
Division, Diversion Office, Philadelphia, Pennsylvania, which is responsible for all activities
within the State of Delaware and the Commonwealth of Pennsylvania.
2. Pursuant to Title 21, United States Code, Sections 878 (a)(2) and 880(b)(1), (2) and (3)
as well as Title 28, Code of Federal Regulations, Subpart R, Section 0.104 and Appendix to
Subpart R, Section 3(b), I am authorized to execute administrative inspection warrants for
the purpose of inspecting controlled premises of persons and firms registered under the
Controlled Substances Act (21 U.S.C. 800 et seg.) in order to inspect, copy and verify the
correctness of all records, reports, and other documents required to be kept or made under
Title 21, United States Code, Section 827, and Title 21, Code of Federal Regulations,
Section 1304.01 et seg. This inspection is designed to insure compliance with the
Controlled Substances Act and regulations promulgated thereunder.
3. Manor Pharmacy, is registered under the provisions of the Controlled Substances
Act, Title 21, Section 823 et seg. as a Retail Pharmacy, and has been assigned DEA
registration number #AM8423080 in Schedules 2, 2N, 3, 3N, 4, 5, and is conducting
business at 1412 N Dupont Highway, New Castle, Delaware 19720. The registrant’s
principal place of business is a controlled premise within the meaning of Title 21, United
States Code, Section 880(a) and Title 21, Code of Federal Regulations, Section 1316.02(c).
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Case 1:06-mj-00118-IVIPT Document 1 Filed 10/13/2006 Page 2 of 3
4. Manor Pharmacy is required to keep on the controlled premises complete and
accurate records of all controlled substances received, sold, delivered or otherwise disposed
of pursuant to the provisions of Title 21, United States Code, Section 827 and Title 21, Code
of Federal Regulations, Section 1304.01 et seg.
5. According to currently available data supplied by DEA Headquarters and
corroborated by the purchase history reported in the DEA M204/ARCOS Computer
System, Manor Pharmacy purchased 379,100 dosage units of Oxycodone (DEA Drug Code
9143) in 2004 and 507,200 dosage units in 2005. Manor Pharmacy’s purchase of
Oxycodone for 2004 ranked them number two (2), while in 2005 ranked them number one
(1) in the State of Delaware. The number one (1) purchaser of Oxycodone in the State of
Delaware in 2004 purchased 383,000 dosage units. The number two (2) purchaser of
Oxycodone in the State of Delaware in 2005 purchased 336,400 dosage units. Oxycodone is
a Schedule II Controlled Substance.
6. In addition, the M204/ARCOS System showed that Manor Pharmacy purchased
89,960 dosage units of Hydrocodone (DEA Drug Code 9193) in 2004 and 90,600 dosage
units in 2005. Manor Pharmacy’s purchases for 2004 ranked them number sixteen (16),
while in 2005 ranked them number six (6) in the State of Delaware. The number one
purchaser of Hydrocodone in the State of Delaware in 2004 purchased 150,700 dosage units
and in 2005 purchased 158,500 dosage units. Hydrocodone is a Schedule III Controlled
Substance.
7. I further represent that I have examined the files and records of the Drug
Enforcement Administration, Philadelphia Field Division, and have determined that there
has not been an inspection of Manor Pharmacy 1412 N Dupont Highway, New Castle,
Delaware 19720, by the Drug Enforcement Administration.
8. Further, I state that, in view of the foregoing circumstances, the inspection applied
for is for the purpose of protecting the public health and safety. The need for the
inspection, copying and verifying the correctness of records, reports and other documents
required to be kept and maintained under the Controlled Substances Act and the need for
verifying the security provisions utilized by the registrant in storing and handling
controlled substances result from a valid public interest in the effective enforcement of the
Controlled Substances Act and implementing regulations.
9. The inspection will be conducted during regular business hours, the Diversion
Investigators credentials will be presented to the registrant, and that the inspection will
begin as soon as practicable after the issuance of the warrant and will be completed with
reasonable promptness.
10. The inspection will extend to the inspection and copying of inventories, records,
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Case 1:06-mj-00118-IVIPT Document 1 Filed 10/13/2006 Page 3 of 3
reports, prescriptions, order forms, invoices, and other documents required to be kept or
made and the inspection of all other things therein including records, files, and papers
appropriate for tl1e verification of the records, reports, and documents required to be kept
under the Controlled Substances Act. The inspection will also extend to the inspection and
inventory of stocks of controlled substances, finished and unfinished substances and
pertinent equipment associated with the storage and handling of controlled substances, and
if necessary applicable records and/or samples of controlled substances will be seized.
11. The afiiant may be accompanied by one or more Diversion Investigators who are
employees of the Attorney General authorized to conduct administrative inspections.
12. Because of the volume and complexity of controlled substance records required to be
kept by a retail pharmacy, 30 days will be needed to execute and return this warrant. A
return will be made to the Magistrate (Court) upon the completion of the inspection.
13. I have verified and have personal knowledge of the facts outlined herein, and they
are true to the best of my knowledge, information and belief.
. (QL- ._ _‘.- f [ .
Rostant P. Farfan\ {\ I
Diversion Investigator ._,
Drug Enforcement Administration
Sworn to be before me, and subscribed in my presence thisjé. day of ygé@ Qégpé
Q gg?-ited States Magiéiatigidge
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