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.