DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO
1437 Bannock Street
Denver, CO 80202
The People of the State of Colorado,
v.
Robin Steinke,
Jeffrey Clawson,
Celeste Deherrera,
Leticia Deherrera,
Christopher Peterson, aka Christopher Petersen
Christopher Gemeinhardt,
Shawna Lawley,
Joel Barr,
Jacqueline Geist,
Andrew Guerrero,
Lisa Teitelbaum,
Rhonda Scott,
Sadie Grubbs,
Daniel Burke, and
Laurie Ann Larrew
Defendants. / t COURT USE ONLY t
JOHN W. SUTHERS, Attorney General
ROBERT S. SHAPIRO, First Assistant Attorney General
1525 Sherman Street, 7th Floor
Denver, CO 80203
303-866-5450
Registration Number: 26869 / Case No.:
GJ Case No.: 12CR0001
Ctrm: 209
Colorado state grand jury indictment

Of the 2012-2013 term of the Denver District Court in the year 2013; the 2012-2013 Colorado State Grand Jurors, chosen, selected and sworn in the name and by the authority of the People of the State of Colorado, upon their oaths, present the following:

COUNT ONE

VIOLATION OF THE COLORADO ORGANIZED CRIME CONTROL ACT - PATTERN OF RACKETEERING - PARTICIPATION IN AN ENTERPRISE, C.R.S. 18-17-104(3) (F2) 37284

Jeffrey Clawson, Robin Steinke, Celeste Dehererra, Leticia Deherrera, Christopher Gemeinhardt, Shawna Lawley, Joel Barr, Jacqueline Geist and Andrew Guerrero

COUNT TWO

VIOLATION OF THE COLORADO ORGANIZED CRIME CONTROL

ACT- CONSPIRACY, C.R.S. 18-17-104(4) (F2) 37285

Jeffrey Clawson, Robin Steinke, Celeste Dehererra, Leticia Deherrera, Christopher Peterson (aka Christopher Petersen), Christopher Gemeinhardt, Shawna Lawley, Joel Barr, Jacqueline Geist and Andrew Guerrero

COUNT THREE

DISTRIBUTION OF A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18

405(1),(2)(a)(I)(A) (F3) 82021

Jeffrery Clawson

COUNT FOUR

CONTROLLED SUBSTANCE - FALSE APPLICATION OR REPORT, C.R.S. 18-18-

414(1)(r) (F4) 3345B

Jeffrery Clawson

COUNT FIVE

MANUFACTURING OF A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-

18-405(1),(2)(a)(I)(A) (F3) 82021

Jeffrey Clawson

COUNT SIX

DISTRIBUTION OF A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18-

405(1),(2)(a)(I)(A) (F3) 82021

Jeffrey Clawson

COUNT SEVEN

CONTROLLED SUBSTANCE - FALSE APPLICATION OR REPORT,

C.R.S. 18-18-414(1)(r) (F4) 3345B

Jeffrey Clawson

COUNT EIGHT

OBTAINING A CONTROLLED SUBSTANCE BY FRAUD OR DECEIT, C.R.S. 18-

18-415(1)(a) (F6) 3541J

Christopher Peterson

COUNT NINE

CRIMINAL ATTEMPT TO COMMIT OBTAINING A CONTROLLED SUBSTANCE

BY FRAUD OR DECEIT, C.R.S. 18-18-415(1)(a); 18-2-101 (F6) 3541JA

Christopher Peterson and Shawna Lawley

COUNT TEN

DISTRIBUTION OF A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18-

405(1),(2)(a)(I)(A) (F3) 82021

Jeffrey Clawson

COUNT ELEVEN

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Jeffrey Clawson, Robin Steinke, Leticia DeHerrera, Celeste DeHerrera, Jacqueline

Geist and Andrew Guerrero

COUNT TWELVE

DISTRIBUTION OF A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18-

405(1),(2)(a)(I)(A) (F3) 82021

Jeffrey Clawson

COUNT THIRTEEN

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Jeffrey Clawson, Robin Steinke, Shawna Lawley and Jacqueline Geist

COUNT FOURTEEN

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Jeffrey Clawson, Robin Steinke, Joel Barr and Jacqueline Geist

COUNT FIFTEEN

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Jeffrey Clawson, Robin Steinke, Joel Barr and Shawna Lawley

COUNT SIXTEEN

POSSESSION OF FORGED INSTRUMENT, C.R.S. 18-5-105 (F6) 10040

Shawna Lawley

COUNT SEVENTEEN

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Robin Steinke

COUNT EIGHTEEN

DISTRIBUTION OF A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18-

405(1),(2)(a)(I)(A) (F3) 82021

Jeffrey Clawson

COUNT NINETEEN

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Jeffrey Clawson, Robin Steinke and Joel Barr

COUNT TWENTY

DISTRIBUTION OF A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18-

405(1),(2)(a)(I)(A) (F3) 82021

Robin Steinke

COUNT TWENTY-ONE

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Jeffrey Clawson and Robin Steinke

COUNT TWENTY-TWO

POSSESSION OF FORGED INSTRUMENT, C.R.S. 18-5-105 (F6) 10040

Robin Steinke and Celeste Deherrera

COUNT TWENTY-THREE

OBTAINING A CONTROLLED SUBSTANCE BY FRAUD OR DECEIT, C.R.S. 18-

18-415(1)(a) (F6) 3541J

Jacqueline Geist and Andrew Guerrero

COUNT TWENTY-FOUR

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Jacqueline Geist and Andrew Guerrero

COUNT TWENTY-FIVE

POSSESSION OF FORGED INSTRUMENT, C.R.S. 18-5-105 (F6) 10040

Jacqueline Geist and Andrew Guerrero

COUNT TWENTY-SIX

CRIMINAL ATTEMPT TO COMMIT OBTAINING A CONTROLLED SUBSTANCE

BY FRAUD OR DECEIT, C.R.S. 18-18-415(1)(a); 18-2-101 (F6) 3541JA

Robin Steinke

COUNT TWENTY-SEVEN

CRIMINAL ATTEMPT TO COMMIT OBTAINING A CONTROLLED SUBSTANCE

BY FRAUD OR DECEIT, C.R.S. 18-18-415(1)(a); 18-2-101 (F6) 3541JA

Robin Steinke

COUNT TWENTY-EIGHT

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Robin Steinke, Leticia Deherrera, Christopher Gemeinhardt, Daniel Burke and/or

Sadie Grubbs

COUNT TWENTY-NINE

CRIMINAL ATTEMPT TO COMMIT OBTAINING A CONTROLLED SUBSTANCE

BY FRAUD OR DECEIT, C.R.S. 18-18-415(1)(a); 18-2-101 (F6) 3541JA

Robin Steinke, Leticia Deherrra and Christopher Gemeinhardt

COUNT THIRTY

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Robin Steinke and Rhonda Scott

COUNT THIRTY-ONE

CRIMINAL ATTEMPT TO COMMIT OBTAINING A CONTROLLED SUBSTANCE

BY FRAUD OR DECEIT, C.R.S. 18-18-415(1)(a); 18-2-101 (F6) 3541JA

Robin Steinke

COUNT THIRTY-TWO

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Robin Steinke and Christopher Gemeinhardt

COUNT THIRTY-THREE

POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE –

SCHEDULE II, C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82041

Robin Steinke and Christopher Gemeinhardt

COUNT THIRTY-FOUR

POSSESSION OF METHAMPHETAMINE-LESS THAN 2 GRAMS, C.R.S. 18-18-

403.5(1),(2), (b)(I) (F6) 8201B

Robin Steinke and Christopher Gemeinhardt

COUNT THIRTY-FIVE

CRIMINAL ATTEMPT TO COMMIT OBTAINING A CONTROLLED SUBSTANCE

BY FRAUD OR DECEIT, C.R.S. 18-18-415(1)(a); 18-2-101 (F6) 3541JA

Robin Steinke and Christopher Gemeinhardt

COUNT THIRTY-SIX

POSSESSION OF FORGED INSTRUMENT, C.R.S. 18-5-105 (F6) 10040

Robin Steinke and Christopher Gemeinhardt

COUNT THIRTY-SEVEN

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Robin Steinke, Jeffrey Clawson and Celeste Deherrera

COUNT THIRTY-EIGHT

POSSESSION OF A CONTROLLED SUBSTANCE-SCHEDULE II - 4 GRAMS OR

LESS, C.R.S 18-18-403.5(1), (2)(a)(I) (F6) 82019

Lisa Teitelbaum

COUNT THIRTY-NINE

OBTAINING A CONTROLLED SUBSTANCE BY FRAUD OR DECEIT, C.R.S. 18-

18-415(1)(a) (F6) 3541J

Lisa Teitelbaum

COUNT FORTY

CONSPIRACY TO DISTRIBUTE A CONTROLLED SUBSTANCE - SCHEDULE II,

C.R.S. 18-18-405(1),(2)(a)(I)(A) (F3) 82053

Robin Steinke and Laurie Ann Larrew

COUNT FORTY-ONE

CRIMINAL ATTEMPT TO COMMIT OBTAINING A CONTROLLED SUBSTANCE

BY FRAUD OR DECEIT, C.R.S. 18-18-415(1)(a); 18-2-101 (F6) 3541JA

Robin Steinke and Laurie Ann Larrew

COUNT FORTY-TWO

POSSESSION OF FORGED INSTRUMENT, C.R.S. 18-5-105 (F6) 10040

Robin Steinke and Laurie Ann Larrew

COUNT FORTY-THREE

POSSESSION OF METHAMPHETAMINE-LESS THAN 2 GRAMS, C.R.S. 18-18-

403.5(1),(2), (b)(I) (F6) 8201B

Robin Steinke

COUNT ONE

37284 VIOLATION OF THE COLORADO ORGANIZED CRIME CONTROL ACT - PATTERN OF RACKETEERING - PARTICIPATION IN AN

ENTERPRISE, C.R.S. 18-17-104(3) (F2)

On and between April 1, 2010 and January 10, 2013 in the State of Colorado, Jeffrey Clawson, Robin Steinke, Celeste Dehererra, Leticia Deherrera, Christopher Gemeinhardt, Shawna Lawley, Joel Barr, Jacqueline Geist and/or Andrew Guerrero while employed by or associated with an enterprise, unlawfully, feloniously, and knowingly conducted or participated, directly or indirectly, in the enterprise through a pattern of racketeering activity: in violation of sections 18-17-104(3) and 18-17-105, C.R.S.

COUNT TWO

37285 VIOLATION OF THE COLORADO ORGANIZED CRIME CONTROL

ACT- CONSPIRACY, C.R.S. 18-17-104(4) (F2)

On and between April 1, 2010 and January 10, 2013 in the State of Colorado, Jeffrey Clawson, Robin Steinke, Celeste Dehererra, Leticia Deherrera, Christopher Peterson (aka Christopher Petersen), Christopher Gemeinhardt, Shawna Lawley, Joel Barr, Jacqueline Geist and/or Andrew Guerrero did unlawfully, knowingly, and feloniously conspire and/or endeavor to conduct and participate, directly or indirectly, in an enterprise, through a pattern of racketeering activity in violation of C.R.S. § 18-17-104(4) and §18-17-104(3), C.R.S.

The offenses alleged in Counts One and Two were committed in the following manner:

The Enterprise

The enterprise alleged in these two counts was primarily, albeit not exclusively, a

group of individuals who were associated in fact, although not operating as a legal entity. The enterprise included, but was not limited to, the following individuals and/or legal entities: Jeffrey Clawson, Robin Steinke, Celeste Deherrera, Leticia Deherrera, Christopher Peterson (aka Christopher Petersen), Shawna Lawley, Jacqueline Geist, Andrew Guerrero, Christopher Gemeinhardt, Lisa Teitelbaum, Rhonda Scott, Sadie Grubbs, Daniel Burke, Joel Barr, Lori Ann Larrew, Platte Valley Family Pharmacy, Inc. and other persons or entities known or unknown to the Grand Jury. The individuals comprising the enterprise had a primary objective and a common purpose which centered around using an orchestrated scheme to fraudulenlty acquire, divert and/or distribute large quantities of Oxycodone, a Schedule II Controlled Substance, in and around the metropolitan Denver, Colorado area as well as in other states such as Oklahoma. Oxycodone is a potent prescription medication that is classified as an opiod. In recent years the unmonitored abuse of and reliance on Oxycodone and other opiods have contributed to a proliferation of fraudulent schemes being employed by individuals and groups to obtain and divert this addictive controlled substance.

According to data released by the Centers for Disease Control and Prevention during 2008 overdoses from prescription pain medications were contributing factors in the deaths of 14,800 citizens nationwide, more than from cocaine and heroin combined. According to 2010 data from the Colorado Department of Public Health and Environment’s Health Statistics Section deaths in Colorado that were associated with the abuse of opiods rose from 180 in 2000 to 392 in 2009. The 392 opiod related deaths in 2009 constituted the bulk of the state’s 445 total prescription drug related deaths. The 445 people who died in Colorado from prescription drug abuse in 2009 was more than twice (158) the number than those who died from drunk-driving related crashes in this state according to statistics from the National HighwayTraffic Safety Adminstration. Finally, according to 2010 data from the Denver Office of Drug Strategy, the State of Colorado’s Prescription Drug Monitoring Program (PDMP) reports that Oxycodone prescriptions for Denver residents rose 41.7% from 2007 to 2010.

The ongoing leadership structure of this particular enterprise centered on Robin Steinke who coordinated and orchestrated a scheme that relied on a group of indivdiuals who possessed a similar purpose of making a financial profit from the illicit acquisition and distribution of Oxycodone. Robin Steinke directed her associates to obtain Oxycodone via various techniques so that this controlled substance could subsequently be distributed to people who were willing to pay approximately 50 cents per milligram or about $15.00 for one 30 mg dosage unit.

Ms. Steinke’s scheme later evolved to include using and paying a pharmacist named Jeffrey Clawson, who while acting as the owner and operator of the Platte Valley Family Pharmacy, Inc. in Brighton, CO, jointly collaborated with Robin Steinke and her network of “patients” to divert large quantities of Oxycodone though various forms of fraud and deceit with the purpose of subsequently selling and distributing to others via the illicit black market. During part of the alleged time period that the Enterprise was operating Jeffrey Clawson and Platte Valley Pharmacy also had an ongoing contractual arrangement with the McKesson Corporation, a DEA registered national distributor which has a presence in Aurora, CO, through its regional distribution center. The arrangement between Platte Valley Pharmacy and McKesson allowed McKesson to serve as the regulated supplier of many of Platte Valley Pharmacy’s controlled substances, including Oxycodone. A key issue during this time period was that McKesson, like all other DEA registered suppliers, had an obligation under the federal Controlled Substances Act, to report to DEA suspicious sales or orders of controlled substances. The Grand Jury learned of evidence demonstrating that Clawson’s Platte Valley Pharmacy engaged in the regular purchase of Oxycodone from McKesson that was either unusually large, unusually frequent, and/or which substantially deviated from the normal pattern typically observed for comparable pharmacies in the area in and around Brighton. Colorado. From 2008-2011 the percentage increase for Oxycodone 30 mg orders supplied by McKesson to Platte Valley Pharmacy was approximately 1,469%. Further evidence was presented that the DEA did not receive any reports from McKesson regarding Platte Valley Pharmacy’s purchases of Oxycodone that were arguably suspicious in terms of quantities and frequency. Upon Jeffrey Clawson voluntarily surrendering the pharmacy’s DEA registration and subsequently selling Platte Valley Pharmacy in mid-2012 the Steinke-led enterprise started to rely more on alternative sources of supply to continue obtaining Oxycodone for subsequent redistribution and financial gain.

Pattern of Racketeering Activity

Jeffrey Clawson, Robin Steinke, Celeste Deherrera, Leticia Deherrera, Christopher Peterson (aka Christopher Petersen), Christopher Gemeinhardt, Shawna Lawley, Joel Barr, Jacqueline Geist and Andrew Guerrero directly and in concert, engaged in, attempted to engage in, conspired to engage in, or solicited another to engage in at least two predicate acts, including any lesser offenses, related to the conduct of the enterprise, with at least one of which took place in the State of Colorado after July 1, 1981 and the last of the acts of racketeering activity occurring within ten years after a prior act of racketeering activity include:

Distribution of a Controlled Substance – Schedule II, § 18-18-405, C.R.S.;

Conspiracy to Distribute a Controlled Substance – Schedule II, § 18-18-405, C.R.S.;

Possession with Intent to Distribute a Controlled Substance – Schedule II,

§ 18-18- 405, C.R.S.;

Obtaining a Controlled Substance by Fraud or Deceit, § 18-18-415, C.R.S.;

Criminal Attempt to Commit Obtaining a Controlled Substance by Fraud or Deceit,

§§ 18-18-415, 18-2-101, C.R.S.;

Controlled Substance-False Application or Report, § 18-18-414(1)(r), C.R.S.;

Posssesion of a Forged Instrument, § 18-5-105, C.R.S.;

Obtain Controlled Substance by Fraud, 63 O.S. §2-407;

and

Unlawful Possession of Controlled Drug with Intent to Distribute,

63 O.S. §2-401(B)(2)

Racketeering Activity

The acts of racketeering activity that the above named persons committed, attempted to commit, conspired to commit, or solicited, coerced, or intimidated another person to commit, consist of the following predicate acts, including any lesser included offenses:

PREDICATE ACT ONE

(Obtain Controlled Substance By Fraud)

On or about March 28, 2012, in Carter County, State of Oklahoma, Robin Steinke and Leticia Deherrera, by obtaining Oxycodone, a controlled substance of Schedule II under the Uniform Controlled Dangerous Substances Act of Oklahoma, from CVS Pharmacy, and attempting to obtain Oxycodone, a controlled substance of Schedule II under the Uniform Controlled Dangerous Substances Act of Oklahoma, from Reed Family Pharmacy by means of presenting a prescription that was forged with the name of Robyn Myles, knowing that these prescriptions were false, contrary to the form of the statute, 63 O.S. §2-407, in such cases made and provided, and against the peace and dignity of the State of Oklahoma.