TEXARKANA -- A superseding indictment filed in an opioid distribution conspiracy case accuses owners and operators of Lansdell Family Clinics of health care and wire fraud involving pandemic relief funds.
The original indictment was filed in January in the Texarkana Division of the Western District of Arkansas. It accused eight nurse practitioners and pharmacists of conspiracy to distribute opioids -- hydrocodone and oxycodone in particular -- without a prescription from "in or about" January 2019 and until Aug. 1, 2021.
The charge essentially means prescription drugs were distributed without a legitimate medical purpose.
A number of clinics and pharmacies in Southwest Arkansas were searched by federal agents with the assistance of local law enforcement in May 2021, including Lansdell Family Clinic offices in Texarkana, De Queen, Lockesburg and Dierks.
Tawnya Lee Lansdell, a nurse practitioner, is the first defendant named in the original and superseding indictments. She is accused in the superseding indictment of conspiracy to distribute opioids, health care fraud and wire fraud.
Relatives of Tawyna Lansdell's husband, Michael; her brother, Rusty Lynn Griffin; and her nephew, Michael "Mick" Wallace Martin, also are named as defendants in the superseding indictment and are accused of crimes related to pandemic relief.
Lansdell Family Clinic PLLC and Lansdell Farms LLC are also charged in the superseding indictment.
Count 1 of the superseding indictment includes allegations identical to those alleged in the initial indictment. Named as defendants accused of conspiring to distribute opioids and other Schedule II, III and IV drugs are nurse practitioners Tawnya Lansdell, Claire Terece Russell, Wendy Wynette Gammon, Shelly Rae Eastridge, and Bonita Lois Martin, and pharmacists Candace Michelle Whitley, Gina M. Richardson and Stephen Haden Sullivan.
Schedule II drugs include substances with a high potential for abuse and addiction, including opioids like oxycodone and hydrocodone and stimulants like Adderall and Ritalin. Schedule III drugs include substances like Tylenol with codeine and ketamine, according to the DEA's website.
Schedule IV drugs include Xanax, Valium, Ativan, Tramadol and Ambien.
The second count of the superseding indictment accuses Tawnya Lansdell, Rusty Griffin and Mick Martin of conspiracy to commit health care fraud. Griffin and Martin worked in management roles within the administrative offices of Lansdell Family Clinic PLLC, and Tawnya Lansdell is identified as owner, according to the indictment.
According to the indictment, Tawnya Lansdell, Griffin and Martin conspired to defraud Medicare, Medicaid and the Health Resources and Services Administration covid-19 program. The defendants named in Count 2 inflated insurance bills by coding for a more intensive service than provided and by charging for services that never were provided, according to the indictment.
The indictment stated that the Count 2 defendants directed health care providers at Lansdell Clinic drive-through covid-19 testing sites to bill for an office visit regardless of whether one occurred or was needed, and to bill for services that never were rendered.
The third count of the superseding indictment accuses Tawnya Lansdell, Michael Lansdell, Lansdell Family Clinic and Lansdell Farms of conspiracy to commit wire fraud involving Paycheck Protection Program loans authorized under the Coronavirus Aid, Relief and Economic Security Act.
A Paycheck Protection Program loan of $325,200 listing Lansdell Family Clinic as borrower was obtained by the Lansdells in April 2020, according to the indictment. Count 3 stated that the money was not used for payroll and overhead expenses at clinics but rather to buy a boat, a motor, and a trailer and to pay off a real estate loan obtained for land adjacent to property owned by Lansdell Farms.
If funds were used for the intended purpose, borrowers could apply to have Paycheck Protection Program loans forgiven by the federal government. Michael Lansdell is accused of applying for a Paycheck Protection Program loan forgiveness Nov. 2, 2020, allegedly claiming the loan was used to cover payroll for staff at Lansdell Family Clinics.
The final two counts of the superseding indictment accuse Michael Lansdell and Lansdell Family Clinic PLLC of wire fraud.
The government is seeking the full amount of the $325,200 Paycheck Protection Program loan, a Southfork boat, an Evinrude boat motor, a Diamond City boat trailer and property in Little River County, next to Lansdell Farms.
An arraignment hearing via videoconference before U.S. Magistrate Judge Barry Bryant is scheduled for May 5. A number of defendants named in the initial indictment have filed notice of their waiver of a personal appearance and entry of a plea of not guilty to charges naming them in the superseding indictment, including Tawnya Lansdell, who is the only one of the original defendants to face new, additional charges.
All of the defendants who previously appeared in court are free on unsecured appearance bonds.