Virginia Beach dentists agree to pay civil penalties after allegations of violating Controlled Substances Act

Posted at 8:17 PM, Jun 17, 2020

NORFOLK, Va. – Three Virginia Beach doctors have agreed to pay a combined $30,000 to settle allegations that they violated the Controlled Substances Act(“Act”) by issuing and filling prescriptions with no legitimate medical purpose.

The government alleged that dentists Dr. Gary Hartman and Dr. Arnold Berger and then-retired dentist Dr. Paul Berger wrote prescriptions for Schedule II and Schedule IV substances with no legitimate medical purpose. Dr. Hartman and Dr. Arnold Berger allegedly wrote prescriptions for controlled substances, including opioids, to each other, and in Dr. Hartman’s case, to Dr. Paul Berger. All three would fill the prescriptions and bring the majority of the opioids to Dr. Hartman.

Dr. Hartman and Dr. Arnold Berger previously pleaded guilty to violating the Act. The settlements resolve their civil liability under the Act as well as Dr. Paul Berger’s civil liability under the Act.

Separately, Drs. Hartman and Arnold Berger surrendered their DEA registrations.

This was the result of a coordinated effort between the U.S. Attorney's Office for the Eastern District of Virginia and the Drug Enforcement Administration.

The matter was investigated by Assistant U.S. Attorney Clare P. Wuerker. The civil claims settled by this agreement are allegations only, and there has been no determination of civil liability.