Minnesota Doctor Agrees To Pay $30,000 To Resolve Alleged Controlled Substances Act Violation

United States Attorney Gregory G. Brooker today announced a $30,000 civil settlement with DR. MICHAEL T. SCHULENBERG, a Minnesota physician. The civil settlement stems from allegations that DR. SCHULENBERG violated the Controlled Substances Act.

According to an investigation conducted by the Drug Enforcement Administration (“DEA”), on April 14, 2016, DR. SCHULENBERG, prescribed Schedule 2 controlled substances in the name of an individual, knowing that the controlled substances were intended to be used by another individual, in violation of the Controlled Substances Act.  

As a licensed physician in the State of Minnesota registered with the DEA as a practitioner authorized to dispense Schedule 2-5 controlled substances, DR. SCHULENBERG is subject to requirements of the Controlled Substance Act as administered by the DEA. The U.S. Attorney’s Office and DEA contend that DR. SCHULENBERG’S conduct amounted to a civil violation of the Controlled Substances Act.

“Doctors are trusted medical professionals and, in the midst of our opioid crisis, they must be part of the solution,” said U.S. Attorney Greg Brooker. “As licensed professionals, doctors are held to a high level of accountability in their prescribing practices, especially when it comes to highly addictive painkillers. The U.S. Attorney’s Office and the DEA will not hesitate to take action against healthcare providers who fail to comply with the Controlled Substances Act. We are committed to using every available tool to stem the tide of opioid abuse.”

DEA Minneapolis-St. Paul Division Assistant Special Agent in Charge Kenneth Solek said, “As Minnesota and the Nation struggle in the throes of an opioid crisis, the Drug Enforcement Administration will always strive to ensure that those responsible will be held accountable, no matter what their position may be.”

As part of the settlement, DR. SCHULENBERG has agreed to pay $30,000 to the United States within thirty days of the effective date of the agreement.

According to the settlement agreement, DR. SCHULENBERG entered into a Memorandum of Agreement (“MOA”) with the DEA under which he agreed to comply with heightened compliance requirements for logging and reporting his prescriptions of controlled substances to the DEA for a period of two years. DR. SCHULENBERG agreed to the following terms and conditions:

• Maintain log(s) of all controlled substances prescribed, including the initials and address of the patient, date, quantity, strength, dosage and diagnosis for the controlled substance.
• Allow DEA personnel to access and inspect the log(s) and all other required controlled substance records, reports and inventories and to enter his registered location at any time during business hours, without prior notice, to verify compliance with the Agreement.
• Submit to DEA copies of controlled substance log(s) on a quarterly basis.
• Allow DEA access to prescribing history using the State of Minnesota Prescription Monitoring Program and, upon demand by DEA, provide a prescribing history report to the DEA from the Minnesota Board of Pharmacy.

This matter was investigated by the DEA Minneapolis-St. Paul Division and was handled by Assistant U.S. Attorney Bahram Samie of the Civil Division of the U.S. Attorney’s Office for the District of Minnesota.

In reaching this settlement, DR. SCHULENBERG did not admit liability and the government did not make any concessions regarding the legitimacy of the claims.

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United States Attorney’s Office, District of Minnesota: (612) 664-5600