CHARLESTON, W.VA. — This is an official press release from the U.S. Department of Justice (USAO - West Virginia, Southern), published as received.
CHARLESTON, W.Va. – After four days of trial, a federal jury convicted Brian McDevitt, D.O., 61, of Chapmanville, today of four counts of distribution of a controlled substance and also found that McDevitt's West Virginia medical license and the Chapmanville Medical Clinic, which he operated as a sole practitioner, are subject to forfeiture.
Evidence at trial proved that McDevitt provided controlled substances outside the scope of professional practice and not for a legitimate medical purpose when he wrote prescriptions for hydrocodone on May 17, 2022, and March 29, 2024, and alprazolam on May 18, 2022, and March 29, 2024.
McDevitt is scheduled to be sentenced on May 22, 2025, and faces a maximum penalty of 50 years in prison.
McDevitt previously pleaded guilty on January 20, 2010 to conspiracy to use a registration number in violation of federal law and to engaging in monetary transactions in property derived from specified unlawful activity. McDevitt admitted that he allowed others to use his federal registration number to distribute the prescription diet drug phentermine and then converted the cash proceeds from the conspiracy for his personal benefit. On June 29, 2010, McDevitt was sentenced to one year and one day, followed by three years of supervised release, and fined $60,000 for these prior convictions.
“Dr. McDevitt was one of the original drug dealers in a lab coat, and did not learn his lesson from his prior convictions and prison sentence,” said United States Attorney Will Thompson. “Instead, he chose to continue violating his ethical duties and responsibilities as a physician to enrich himself at the expense of vulnerable West Virginians.”
Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the U.S. Route 119 Drug Task Force, which consists of members of the Mingo County Sheriff's Office, the Logan County Sheriff's Office, the Boone County Sheriff's Office, and the West Virginia State Police, conducted the investigation.
“Dr. McDevitt chose to put his own greed above the health and well-being of his patients, causing great harm in the process,” said Special Agent in Charge Jim Scott, head of DEA’s Louisville Division. “Doctors are expected to follow their oath to first do no harm; when they intentionally prescribe controlled substances in a manner outside of accepted medical norms, they reduce themselves to drug dealers in lab coats and they should expect to meet the full measure of our justice system.”
United States District Judge Thomas E. Johnston presided over the jury trial. Assistant United States Attorneys Owen Reynolds and Andrew J. Tessman are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-96.
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