Tuesday, December 14, 2010
Department of Justice
United States Attorney William C. Killian Eastern District of Tennessee
OPERATORS AND EMPLOYEES OF TWO MARYVILLE PAIN CLINICS ARRESTED
KNOXVILLE, Tenn.--A federal grand jury in Knoxville returned multiple-count indictments on December 7, 2010, against five individuals affiliated with two Maryville pain clinics. They were arrested today without incident. The indictments, copies of which are attached to this press release, were unsealed today.
Tamral Guzman, 40, of Maryville, is accused of operating Maryville Pain Management, LLC, located on Lamar Alexander Parkway, and is charged with conspiracy to distribute controlled substances, including oxycodone, conspiracy to commit money laundering, and structuring cash transactions to avoid federal currency transaction reporting requirements. Brian Downey, 37, also of Maryville, is charged with conspiracy to commit money laundering and the structuring offenses in the same indictment with Guzman.
Also arrested today were Sandra Kincaid, 59, her husband, Randy Kincaid, 55, and her daughter, Wendy Henry, 41, all of Maryville. Sandra Kincaid is accused of operating Breakthrough Pain Therapy Center, LLC, located on East Broadway. She, her husband and daughter are charged with conspiracy to distribute controlled substances, including oxycodone. The Kincaids are also charged with conspiracy to commit money laundering, and Randy Kincaid is charged with several counts of structuring cash transactions to avoid federal currency transaction reporting requirements.
The Maryville Pain indictment seeks a money judgment against Guzman of approximately $1.6 million, and the Breakthrough indictment seeks a money judgment against the Kincaids and Henry of almost $1 million. These totals represent the amount of money alleged to be involved in the defendants’ drug trafficking conspiracies. Both indictments also seek the forfeiture of parcels of real estate (including both clinics), vehicles, and contents of the defendants’ and the clinics’ bank accounts.
If convicted, each defendant faces a term of up to 20 years in prison. They also face fines of up to $1 million and criminal forfeiture as alleged in the indictments.
This indictment is the result of a 13-month investigation by the Fifth Judicial Drug Task Force, a Drug Enforcement Administration Task Force, and the Internal Revenue Service-Criminal Investigations (IRS-CI). The Fifth Judicial Drug Task Force is comprised of officers and deputies of the Maryville Police Department, Alcoa Police Department and Blount County Sheriff’s Office.
This indictment is the result of a 13-month investigation by the Fifth Judicial Drug Task Force, a Drug Enforcement Administration Task Force, and the Internal Revenue Service-Criminal Investigations (IRS-CI). The Fifth Judicial Drug Task Force is comprised of officers and deputies of the Maryville Police Department, Alcoa Police Department and Blount County Sheriff’s Office.
U.S. Attorney Bill Killian stated, "This prosecution would not be possible without the excellent partnerships between the federal, state, and local law enforcement agencies that we enjoy in the Eastern District of Tennessee."
Rodney G. Benson, Special Agent in Charge of the Atlanta Field Division of the DEA said, “DEA and our law enforcement counterparts will continue to target and crack down on unscrupulous pain clinics. The success of this investigation is a direct result of the hard work and dedication put forth by our federal, state and local law enforcement counterparts.”
"The Internal Revenue Service plays a very unique role in this fight, focusing on the illegal financial activities of the individuals and entities involved with these criminal acts. We are committed to investigating financial fraud and taking away the profits from, and assets used to commit, these crimes," said Christopher R. Pikelis, Special Agent in Charge of the IRS-CI in Nashville, Tenn.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
This case was part of the Department's Organized Crime Drug Enforcement Task Force (OCDETF) and the High Intensity Drug Trafficking Areas (HIDTA) programs. OCDETF is the primary weapon of the United States against the highest level drug trafficking organizations operating within the United States, importing drugs into the United States, or laundering the proceeds of drug trafficking. The HIDTA program enhances and coordinates drug control efforts among local, State, and Federal law enforcement agencies. The program provides agencies with coordination, equipment, technology, and additional resources to combat drug trafficking and its harmful consequences in critical regions of the United States.
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