Click here for the Hoag et al indictment

July 24, 2009

DENVER DENTIST AND TWO OTHERS INDICTED FOR CONSPIRACY AND OBTAINING CONTROLLED SUBSTANCES BY FRAUD

DENVER – A federal grand jury in Denver has indicted a Denver dentist, and two of his friends, Acting United States Attorney David Gaouette and DEA Special Agent in Charge Jeffrey Sweetin announced.  The dentist, David Hoag, age 49, of Boulder, who has his practice in Denver, and his two friends, James Poe, age 54, of Englewood, and Paul Nickless, age 48, of Centennial, have been charged with conspiracy and obtaining controlled substances by fraud.

According to the indictment, between April 2004 and February 2009, the defendants are charged with one count of knowingly conspiring with each other and others to obtain oxycodone, hydrocodone, Lorazepam, and Zolpidem by misrepresentations, fraud and deception.  In addition to the conspiracy charge, Hoag and Poe are charged with 131 counts of knowingly obtaining controlled substances by fraud and deceit.  Hoag and Nickless are charged with 283 counts of knowingly obtaining controlled substances by fraud and deceit. Each count represents a prescription written by Hoag and filled by Poe or Nickless.  It was part of the agreement that after Poe and Nickless filled the prescriptions, they brought half of it back to Hoag for his personal use.

Each count of this indictment carries a penalty of not more than 4 years in federal prison, and up to a $250,000 fine.  Hoag faces 416 counts.  Poe faces 132 counts.  Nickless faces 284 counts.

This case was investigated by the Drug Enforcement Administration (DEA).

Assistant U.S. Attorney Jaime Pena is prosecuting the case.

The charges contained in the indictment are only allegations and the defendants are presumed innocent unless and until proven guilty.

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