DEA: Athletes' Pain Nurse Ran Opioid Scheme
DEA: Athletes' Pain Nurse Ran Opioid Scheme
The News
Joan Rubinger, a nurse practitioner who built a sports medicine practice treating professional athletes, is accused by the Drug Enforcement Administration of illegally prescribing hundreds of thousands of painkillers to clients in more than 20 states.
Federal authorities say Rubinger, 49, prescribed 260,000 pills containing controlled substances over a four-year period, according to court papers unsealed at the request of The Associated Press.
She has not been criminally charged. In March she agreed to pay $1.4 million to settle a Justice Department civil complaint without admitting wrongdoing, and last month the DEA revoked her authority to prescribe controlled substances.
What the DEA Alleges
The DEA said in court filings that Rubinger dispensed drugs including Oxycodone, Percocet and Xanax on hundreds of occasions with no legitimate medical purpose, and that the operation grew "from professional athletes" to other clients — among them members of an Ohio street gang, a confessed New Jersey drug trafficker and a New York City model.
New clients were required to follow a document Rubinger called "THE RULES," court records show. She told one prospective client the guidelines were meant "to minimize the attention we attract from the DEA," according to a DEA seizure affidavit.
Investigators said she collected hundreds of thousands of dollars through a digital payment app, circulated a price list for painkillers and demanded payment before writing prescriptions. Getting medication was "like at McDonald's," she told clients, according to the filings. "You gotta pay for your burger before they hand it to you."
Authorities also allege she coached clients over an encrypted messaging app on how to keep pharmacies from flagging their prescriptions. The DEA affidavit called the operation "covert and slinking."
Prosecutors accused Rubinger in court filings of violating federal drug statutes and regulations 900 times.
Timeline
Rubinger falls 20 feet from a cliff while mountain biking, suffering spinal cord injuries that leave her in a wheelchair. She returns to work within three months, and NBA players including Dwyane Wade wear orange wristbands in her honor.
Former Carolina Panthers linebacker Thomas Davis receives more than 13,000 Oxycodone and Percocet pills from Rubinger, according to authorities.
The DEA opens its investigation after Kelly Davis, then Thomas Davis's wife, goes to a North Carolina emergency room with chest pains and is told she has been flagged for receiving excessive pain medication. She later learns Rubinger wrote 23 oxycodone prescriptions in her name for medication intended for her husband, according to the DEA and Kelly Davis.
A U.S. District Court filing in the Eastern District of California includes a text exchange between Rubinger and a customer requesting Oxycodone and Alprazolam.
Rubinger agrees to pay $1.4 million to resolve the Justice Department civil complaint and to never again prescribe controlled substances. She admits no wrongdoing.
The DEA revokes her registration to prescribe controlled substances, citing what an administrative law judge found to be egregious conduct.
Court papers unsealed at the AP's request reveal new details of the prescribing and the athletes who helped build her profile.
Reactions
Rubinger's spokesman, Erick Mullen, stressed that the government brought a civil case, not a criminal one. "Joan's case was not a criminal matter but a civil action," he wrote in an email. "No raids with blue windbreakers carrying agency initials, and no loss of liberty at stake."
Mullen declined to answer questions about her treatment of Davis or any other athlete, citing medical privacy laws. He said no administrative or disciplinary action had been taken by nursing boards in California and New York, where she is licensed. He did not address alleged ties to the Ohio-based Loyal to Brothers street gang, but suggested his client had been a victim: "You'll have to imagine what kind of people threatened, intimidated, bullied and cajoled a paraplegic nurse practitioner and single mother into this kind of situation."
Kelly Davis confronted Rubinger over Instagram, according to DEA records. "This is insane," she wrote. "You clearly know he has a problem. Why would you do this?" She reported Rubinger to the DEA, the NFL Players Association and the California Board of Registered Nursing, and said her husband's opioid use contributed to the collapse of their marriage.
Thomas Davis did not respond to requests for comment, and no one answered his door in North Carolina when an AP reporter visited. In a May podcast interview, he blamed opioid abuse for damaging his family life.
James Rafalski, a retired DEA investigator who reviewed the court records, said he was surprised the case did not bring a prosecution. "Most doctors who abuse their DEA registration just write scripts without a thorough examination of the patient," he said. "She knowingly took steps to evade detection by the DEA and instructed her clients to do the same."
What's Next
Rubinger is barred from prescribing controlled substances under both the DEA revocation and her settlement, and she has paid the $1.4 million civil penalty. Federal prosecutors declined to explain why they brought no criminal charges, and no criminal case is pending.
Her nursing licenses in California and New York remain in place, according to her spokesman, leaving state nursing boards as the next possible venue for action.
More
Rubinger's website touts a client list including 169 NFL Pro Bowl selections, 29 NBA and WNBA champions and 15 Olympic medalists. The AP reported that her most notable patients included NBA All-Stars Kobe Bryant and Dwyane Wade and MLB All-Star Fernando Tatis Jr. — none of whom are accused of any wrongdoing in the case.
Rubinger competed internationally in gymnastics as a child and rowed and pole-vaulted at Syracuse University before the 2015 accident. The DEA also identified a former reserve NBA guard who, with his wife, paid her more than $50,000 for illicit prescriptions after he left the league; he could not be reached by the AP.
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