Former Little Rock doctor sentenced to 9 years for writing fake prescriptions

Dr. Richard Johns
Dr. Richard Johns

Former Little Rock doctor Richard Johns, who in March admitted writing 187 fake oxycodone prescriptions in Lonoke, White and Pulaski counties between 2011 and 2015 as part of a drug-trafficking conspiracy, was sentenced Wednesday to nine years in federal prison.

A sentencing agreement filed Monday by Assistant U.S. Attorney Anne Gardner and Little Rock attorney Paul James, who represented Johns alongside Little Rock attorney Bud Cummins, prevented either side from opposing any sentence within the nine- to 11-year penalty range recommended by federal sentencing guidelines.

The agreement also put an end to a dispute about how much money and property Johns must turn over to the federal government as a result of his crimes, which came to light in November 2014 after Curtis Norris of Cabot died of an overdose of oxycodone prescribed by Johns. Norris was the boyfriend of Marissa Scroggins, who, like her father and brother, was indicted in the same conspiracy.

"The parties agree to a money judgment in the amount of $190,000 to satisfy all outstanding forfeiture claims against the defendant," the agreement states.

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It requires Johns to surrender $155,620 that was seized on April 7, 2015, as proceeds of his sales of false prescriptions for $500 apiece. It also requires him to forfeit a 2006 Ford F250 pickup, which was seized because it was used to facilitate his prescription-writing crimes. The agreement doesn't say how much the pickup is worth or where the remaining funds will come from to satisfy the full amount.

In March, the parties agreed to determine at the sentencing hearing how much Johns would surrender altogether. But the sentencing agreement deemed the issue moot. It said, "The parties agree not to litigate the money judgment amount and any fine issues at the time of sentencing."

Johns, 51, has been married for 23 years, and he and his wife, Kellie, have five children between the ages of 12 and 23, all of whom have been home-schooled by Kellie Johns, a stay-at-home mom. Attorney Jane Duke of Little Rock was hired to represent the interests of Kellie Johns and her children, to ensure the family didn't lose its home and other assets as a result of the charges against Richard Johns.

In May, Duke filed a petition on Kellie Johns' behalf, asserting that several joint bank accounts, a retirement account, a home and four other vehicles owned by the couple were jointly accumulated and weren't obtained as a result of any criminal conduct, and shouldn't be subject to forfeiture by the government.

Cummins told Chief U.S. District Judge Brian Miller at Wednesday's hearing that Richard Johns had practiced medicine for 20 years, and that he had already been punished by losing his medical license, which he voluntarily surrendered while facing charges.

Cummins said Johns has medical issues -- a herniated disk and a "psychological condition," as well as "issues of self-medication and alcohol." He said Johns has sought "badly needed psychological treatment" for the condition, which he didn't identify, and "has undergone intense and painful therapy," which he will have to undergo "probably for the rest of his life."

Cummins also told the judge that Johns has been the subject of local news reports and "has appeared on TV in handcuffs," furthering his punishment.

"The harshest penalty ... that Richard Johns is going to endure is knowing that his mistakes are going to punish his wife and his children," Cummins said.

Johns approached the courtroom lectern and, in a weak voice, thanked the judge for "taking so much time with my case to evaluate it." Between tears, he read a statement saying in part, "I'm deeply shameful for accepting money for prescriptions that were neither necessary nor warranted."

"I assure you," he told Miller, "that I am not the same man that I was two years ago."

He thanked the Lonoke County sheriff's office and the U.S. attorney's office "for their part in bringing my actions to light."

Gardner declined to address the judge, in keeping with the sentencing agreement that prevented either side from seeking a sentence above or below the guideline range.

The agreement also stated, "Neither party will raise the issue of Curtis Norris' death at sentencing," and it prohibited both sides from presenting testimony or arguments.

In a lengthy, private bench conference with attorneys before the hearing got underway, Miller indicated that he had several questions, if not reservations, about the agreement.

The judge later explained to the courtroom gallery that he had been trying to determine Johns' level of culpability, in comparison with the 18 other people who were indicted alongside him. But because of the agreement, Miller said, "I can't tell what the culpability is here."

The U.S. attorney's office said at the time of the indictment, in September 2015, that Johns was the leader of the "criminal enterprise" that involved the distribution of 187 fraudulent prescriptions, totaling 16,830 oxycodone pills, that had been filled and distributed since July 2014 in Lonoke County alone.

Prosecutors said some of those indicted had regularly supplied Johns with the names and dates of birth for people he had never treated or even met, so that the prescriptions would appear to be legitimate.

Supporters of Johns, including at least one Catholic priest, filled half the benches in the courtroom Wednesday. Miller told the crowd that he had read the letters sent by several of them, and had viewed a video made in support of Johns, but that he routinely gives little weight to the opinions of family members and friends, which is why he declines to hear their testimony at sentencing hearings.

"I can't sentence Dr. Johns based on how much you love him," Miller said. "I don't judge moral character. ... My job is determining the sentence that goes with the crime that was committed."

In addition to imposing the minimum sentence recommended by the guidelines, Miller ordered Johns to undergo substance abuse treatment while in prison and to serve three years' probation after his release.

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Metro on 08/31/2017

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