Las Vegas Doctor Pleads Guilty To Conspiracy To Distribute Prescription Medications Hydrocodone And Oxycodone Without Medical Purpose

LAS VEGAS, Nev. – A Las Vegas doctor pleaded guilty today for his role in a conspiracy to distribute prescription medications, specifically Hydrocodone and Oxycodone, by allowing his co-conspirators to write illegal opioid prescriptions using his prescription pad.

United States Attorney Dayle Elieson for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Office, and Special Agent in Charge Christian J. Schrank for the Office of Inspector General of the U.S. Department of Health and Human Services, Los Angeles Region made the announcement.

Dr. Horace Paul Guerra IV, a former managing partner of Incera LLC, pleaded guilty to one count of conspiracy to distribute controlled substances before U.S. District Judge James C. Mahan who scheduled a sentencing hearing for October 25, 2018. He was charged in a criminal information on June 25, 2018.

According to admissions made in his plea agreement, from January 1, 2018 to about May 3, 2018, Guerra conspired with his Incera LLC partners, Robert D. Harvey and Alejandro Incera. As part of the conspiracy, he allowed them to use Incera LLC prescription pads to write illegal opioid prescriptions, specifically for Hydrocodone and Oxycodone, for patients he did not see and without a legitimate medical purpose. The pre-signed prescription pads included Guerra’s name, signature, and DEA number.

At time of sentencing, Guerra will face the statutory maximum penalty of 20 years in prison, up to three years supervised release, and a $1,000,000 fine. As part of the plea agreement, Guerra agreed to surrender his Nevada medical license by the time of sentencing.

The case was investigated by the FBI, the Office of Inspector General of the U.S. Department of Health and Human Services, and the Nevada Attorney General’s Office Medicaid Fraud Control Unit. Assistant U.S. Attorney Kilby Macfadden is prosecuting the case.

The Opioid Fraud and Abuse Detection Unit is a program that utilizes data to help combat the devastating opioid crisis. The District of Nevada was selected as one of 12 districts nationally to participate in the pilot program. The District of Nevada has assigned an experienced prosecutor that focuses solely on investigating and prosecuting health care fraud related to medical professionals who prescribe opioids, that unlawfully divert of dispense prescription opioids for illegitimate purposes.

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