Professional Documents
Culture Documents
SEYFARTH
55
CHICAGO, ILLINOIS 60503-5803
ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C.
BRUSSELS
August 2002
General Corporate
ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C-
BRUSSELS
November 2002
General Corporate
NOVEMBER 14,2002
RE: COMPLIANCE
POSTED
PROFESSIONAL SERVICES RENDERED THROUGH OCTOBER 31, 2002:
Atlanta Augusta Charlotte London MIami R.-Ielgh Reston Stockholm Washington Winston-Salem
KILPATRICK STOCKTON-COLON 404 541 6800 P. 138
JAN-1S-2003 14:29
Page 2
33253/269725
DESCfUPTION
DATE INITIALS
10/07/2002 FEM Review of HIPPA statute and proposed and final regulations,
along with comments and commentary relating thereto;
telephone conference with Craig Bertchc and Barry
Alexander regarding same.
10/0912002 GLJ Travel to Atlanta; meeting with Jerry FroeJick & Troy
Sobert.
$3,192.00
Total Fees
HOURS RATE/HOUR
SUMMARY
Craig E. Bertscbi 2.50 350.00
CEB
Frank McDaniel 2.60 325.00
FEM
Gerald L. Jones 9.20 160.00
GLJ
OTHER CHARGES:
3.75
Long Distance Charges
8.55
Photocopies
15.75
Facsimile Charges
103.20
Gerald L. Jones - Meals Travel to Atlanta, GA 8/20-21/02
377.95
Gerald L. Jones - Travel to Atlanta, GA 8120-21/02
135.39
Gerald L. Jones - Travel to Atlanta, GA 10/9/02
Cheyenne Investigations, Inc.; Unlisted phone nwnber research regarding 50.00
Ahmadi Alayna Bradley
$3,886.59
~AMOIINTDIIETHIS INVOICE
08849
E-Scripts.md. LLC BANK OF AMERICA
770-859-9022 64-51610
2000 POWERS FERRY RD 113012003
#405
MARIETTA, GA 30067
PAY TO THE
ORDER OF Kilpatrick Stockton LLP $ **3.991.59
P. O. Box 945614
Atlanta, GA 0392
MEMO
AUTHORIZED SKiNATURE
August 23,2002
Gentlemen:
The purpose of this letter is to alert you to an three-part article that will be published in the
Marietta Daily Journal this Sunday, Monday, and Tuesday on internet pharmacies and, as a case
study, e-Scripts.MD.com.
I received a telephone call from Michelle Granoff (770.428.9411 x. 209) who had been
referred to this office from e-Scripts asking for an interview or comments from e-Scripts on their
business. Apparently, someone at the DEA's office told her that e-Scripts' websites contain seven
controlled substances and that bye-Scripts offering these controlled substances via website
questionnaires, they were violating the law. I told her that e-Scripts does not answer interviews, etc.
but that on behalf of this office, I can tell her that all of my clients, including e-Scripts, who
participate in this industry utilize only U.S. licensed physicians and pharmacies and comply with all
state and federal laws. As an example, once Nevada, the only state to officially have a law outlawing
this type of activity, enacted its laws, my clients stopped all activity in that state.
She tried to argue other points and I reiterated e-Scripts' "no comment" policy. You may
contact her for follow-up if you would like.
If you have any further questions, please do not hesitate to contact me.
2000 POWERS FERRY ROAD SUITE 2-1A MARIETTA, GA 30067 PH: 770.980.9004 FAX: 770.980.0622
RE: Attorney's from New Orleans
Saturday, June 21, 2008
5:49 PM
Subject
RE: Attorney's from New Orleans
From bpa rker@gcpwlaw.com
To Chris Stoufflet
Cc 'eri gs@mindspring.com'; Troy Sobert
Sent Tues day, December 03, 2002 12:45 PM
I was contacted late yesterday evening by Ralph Capatella (sp) (504.582.2425) He talked as if you and
he know each other. He identified that he is representing your “friends” in criminal matters. He said that
a Federal Grand Jury in Birmingham has issued subpoeae to them. He understood that you were being
investigated. I confirmed that I represented your interests and those of the companies in an investigation
being conducted by the US Attorney’s office here in Atlanta. He said that the purpose of his call was to
try to get me to urge you to settle the civil case. He said that he did not want to have to recommend to his
clients that they assert the Fifth Amendment is answers to deposition questions. He said that he didn’t
think that I would want you to be taking the Fifth. He said that he thought that you operated “a little bit
better than [his clients}”, but that you probably still had some problems. He said that we may need to
cooperate together in fighting the government. I told him the issue was not you, but whether the doctors
were lawfully practicing medicine and whether they had a legitimate medical reason for issuing the
prescription. Other than that I did not discuss any particulars about our case. I told him that I would
convey his comments to you. What do you know about this guy?
The information contained in this e-mail transmission is intended for the use of the
designated recipients named above. This message may be an attorney-client
communication and as such is privileged and confidential. If the reader of this message is
not the intended recipient or agent responsible for delivering it to the intended recipient,
you are hereby notified that you have received this document in error and that any review,
dissemination or copying of this message is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone or return e-mail and
return the original message to us. Thank you.
-----Original Message-----
From: Chris Stoufflet [mailto:chris.stoufflet@stoufflet.com]
Sent: Monday, December 02, 2002 6:52 PM
To: bparker@gcpwlaw.com
Cc: erigs@mindspring.com; tsobert@escriptsmail.com
Subject: Attorney's from New Orleans
If you speak to the group that we are in a lawsuit with, please don’t share with them our position
Important Page 1
If you speak to the group that we are in a lawsuit with, please don’t share with them our position
on any maters. It’s only fair for them to learn this the difficult way, especially after the way they
treated me.
Thanks,
-Chris
Important Page 2
file:///C|/Documents%20and%20Settings/cstoufflet/Desktop/Legal%2...20to%20add%20to%20CaseMap/RE%20Pharmacy%20Baggage%20Language.htm
As stated yesterday, I would put it on. It gives the actual language more leverage as a contract (the
customer has an opportunity to disagree with the contract and not accept its terms by returning the bag).
Once the bag is opened, they are unable to return the bag for refund, etc. Plus, by having them call the
call center or, in reality me, to discuss the terms, we can usually alleviate their concerns and have them
open the bag.
Let’s call this the final language and have Rob get them printed on bright yellow stickers with black bolded
language:
IMPORTANT:
READ THIS:
BY OPENING THIS PACKAGE, YOU INDICATE THAT YOU HAVE
READ THE CUSTOMER RESPONSIBILITY STATEMENT AND THE
INFORMED CONSENT AGREEMENT, HAVE ACCEPTED THE
TERMS AND CONDITIONS THEREIN, UNDERSTAND THAT THEY
ARE LEGALLY BINDING ON YOU, AND HAVE TRUTHFULLY
COMPLETED THE MEDICAL QUESTIONNAIRE. IF YOU DO NOT
AGREE WITH THE ABOVE RESPONSIBILITY STATEMENT –
PLEASE CONTACT OUR CUSTOMER CARE REPRESENTATIVES
TO RETURN THIS PACKAGE.
-----Original Message-----
From: Chris Stoufflet [mailto:chris.stoufflet@stoufflet.com]
Sent: Wednesday, January 15, 2003 4:09 PM
To: 'M. Darren Traub'
Cc: RSobert@escriptsmail.com; 'Troy Sobert'
Subject: RE: Pharmacy Baggage Language
Regardless - I think it just gives us a more clarity and protection to some degree
Thanks,
-Chris
-----Original Message-----
From: M. Darren Traub [mailto:dtraub@traub-law.com]
Sent: Wednesday, January 15, 2003 4:05 PM
To: 'Chris Stoufflet'
Cc: RSobert@escriptsmail.com; 'Troy Sobert'
Subject: RE: Pharmacy Baggage Language
We can. Let’s discuss. As Rob pointed out, they have already agreed to the agreements on
the internet. However, if you are going to use this for “phone orders” and put the agreements
in the bag, then we do need to put something like that in there.
-----Original Message-----
From: Chris Stoufflet [mailto:chris.stoufflet@stoufflet.com]
Sent: Wednesday, January 15, 2003 4:01 PM
To: 'M. Darren Traub'
Cc: RSobert@escriptsmail.com; 'Troy Sobert'
Subject: RE: Pharmacy Baggage Language
THANKS,
-Chris
-----Original Message-----
From: M. Darren Traub [mailto:dtraub@traub-law.com]
Sent: Wednesday, January 15, 2003 3:47 PM
To: 'Chris Stoufflet'; RSobert@escriptsmail.com; 'Troy Sobert'
Subject: Pharmacy Baggage Language
Chris:
Rob and I drafted the following language for the pharmacy bags. Please
review and give us your comments ASAP, so that we can get it to the print shop.
IMPORTANT:
READ THIS:
BY OPENING THIS PACKAGE, YOU INDICATE THAT YOU HAVE
READ THE CUSTOMER RESPONSIBILITY STATEMENT AND THE
INFORMED CONSENT AGREEMENT, HAVE ACCEPTED THE
TERMS AND CONDITIONS THEREIN, UNDERSTAND THAT THEY
ARE LEGALLY BINDING ON YOU, AND HAVE TRUTHFULLY
COMPLETED THE MEDICAL QUESTIONNAIRE. IF YOU DO NOT
AGREE WITH THE ABOVE RESPONSIBILITY STATEMENT –
PLEASE CONTACT OUR OFFICE TO RETURN THIS PACKAGE.
M. Darren Traub
Traub & Associates, LLC
Tel: 770.980.9004
Fax: 770.980-0622
INITIALS DESCRIPTION
DATE
HOURS RATFJHOUR
SUMMARY
Craig E. Bertschi .60 370.00
CEB
Gerald Woods 6.10 275.00
GWW
Phillip Street 11.20 370.00
PS
.... --'=" •
11613
E-Scripts.md, LLC BANK OF AMERICA
nO-8S9-9022 64-51610
2000 POWERS FERRY RD 712812003
#405
MARIETTA. GA 30067
PAY TO THE
ORDEROF. Kilpatrick Stockton LLP $,_**_6_.0_43_.5_0 _
_ Six
__ Thousand
___ Fony-Three
____ and_
5011 _****
_00* __ _ _ _ _ _ _ _************
********************* _ _ _ _ ************
_____ *******'
_ _" _ ************* ***** *********
_ _ _:.:.:.====~_OOLLARS t
Kilpatrick Stockton LLP
P. O. Box 945614 ,~
OV~R ~ooo.oo
Atlanta.GA_~?h
"9 ft/!'
MEMO Invoice for Services Rendered thru 5/31/03
AUTHORIZED SlGNATIJRE
...
E-5crlpts.md, LLC
11613
Kilpatrick Stockton LLP 7/28/2003
Date Type Reference Original Aml. Balance Due Discount Payment
0513112003 Bill 10637299 6,043.50 6,043.50 6,043.50
Check Amount 6,043.50
Darren, Allision and Buddy all reviewed and approved this.
Terminology
Who We Are
e-Scripts.MD LLC is a Management Service Organization based in the U.S. that serves as a
conduit between consumers, licensed U.S. PHYSICIANS, and licensed U.S. PHARMACIES.
The Process
The CUSTOMER will select the medication and place the ORDER REQUEST, which includes
completing an online medical questionnaire, agreeing to the responsibility statement and
informed consent. This information is submitted via our secure server to a U.S. licensed
PHYSICIAN. Upon PHYSICIAN’S approval, the requested prescription will be forwarded to a
U.S. licensed PHARMACY for fulfillment and shipped to the CUSTOMER via next business
day delivery. An adult signature is required at the time of delivery.
Glossary of Terms
Customer – a person requesting a medical consultation for a specific condition in order to obtain
a prescription medication for that appropriate condition.
Order Request – A request made for a specific product. The CUSTOMER must submit the
ORDER REQUEST form which includes, personal information height, weight, age, address,
shipping information, credit card info, desired medication, a medical questionnaire and the
CUSTOMER informed consent and responsibility statement. ORDERS received by 4:00 p.m.
will be shipped overnight, for next business day delivery.
Order – An ORDER REQUEST that has been approved by the PHYSICIAN, fulfilled by the
PHARMACY, and shipped to the CUSTOMER.
Re-Order – A CUSTOMER that has previously received an ORDER must submit a new
ORDER REQUEST after waiting the appropriate time.
Affiliate/Associate – a self employed individual who has been approved to promote and offer
services provided by e-Scripts-MD. This company or individual must have his or her own
website.
Physician – a U.S. licensed medical doctor that reviews all ORDER REQUESTS. The
PHYSICIANS are not employees of e-Scripts-MD.
Pharmacy – a U.S. licensed PHARMACY that fulfills and ships all prescribed medications.
The pharmacists are not employees of e-Scripts-MD.
Fulfillment – All approved prescriptions are forwarded to the PHARMACY where the
prescription is filled and shipped by the PHARMACY. The PHARMACY obtains, controls, and
packages the prescribed medication for the CUSTOMERS. e-Scripts does not own the
medication and does not have any medication on site.
Delivery – All ORDERS shipped by the PHARMACY are sent (next business day) overnight via
courier to the CUSTOMER. An Adult signature is required at the time of delivery.
Customer Service – CUSTOMER services are provided by Customer Care Solutions, LLC.
Such decisions are left exclusively to the doctor and the pharmacy.
E-Scripts does, however, assist in protecting against fraudulent requests by
following a series of internal safeguards. Each E-Scripts.MD customer must
warrant as follows: that all personal information provided is complete, true,
and accurate; that he or she is over the age of 21; that he or she has received a
recent physical examination by his or her own primary care
physician; and that, upon receipt of any medication, he or she will promptly
update his or her primary care physician with respect to such medication.
In order to advertise its website, e-Scripts utilizes a national affiliate program.
Under this program, each affiliate, of which there are currently over 2000, is
assigned a referral number.
Every time a customer orders from e-Scripts under the affiliate’s referral
number, that affiliate is sent a certain percentage of the order. E-Scripts is the
only company in the industry to offer a full-time affiliate department,
including affiliate newsletters and immediate responses to an affiliate’s
inquiries.
file:///C|/Documents%20and%20Settings/cstoufflet/D...20add%20to%20CaseMap/A%20Company%20Description.htm (1 of 2)
[5/10/2007 1:17:52 PM]
file:///C|/Documents%20and%20Settings/cstoufflet/Desktop/Legal%2...20emails%20to%20add%20to%20CaseMap/A%20Comp
any%20Description.htm
M. Darren Traub
Traub & Associates, LLC
Tel: 770.980.9004
Fax: 770.980-0622
From: Stoufflet on behalf of Chris Stoufflet-Wk
Sent: Tuesday, June 17, 2003 6:48 AM
To: 'Pavel, Tony'
Cc: Shuren, Allison; Betsy Burke
Subject: RE: Order #671694 has been Shipped via FedEx
- this is how the staff responds to questions or concerns about the medication.
Thank you,
-Chris
-----Original Message-----
From: Pavel, Tony [mailto:Pavel.Tony@ARENTFOX.COM]
Sent: Monday, June 16, 2003 5:26 PM
To: Chris Stoufflet-Wk
Cc: Shuren, Allison
Subject: FW: Order #671694 has been Shipped via FedEx
Mr. Stoufflet:
I am currently working on these issues with Allison. Would you let me know what the product
in question here is? It is difficult to assess the adequacy of the response without that
information. Also, we should have the memo on the website structure prepared for you by the
end of the week or very early next week at the latest.
Thanks,
Tony Pavel
-----Original Message-----
From: Chris Stoufflet-Wk <chris.stoufflet@vwn.com>
To: Shuren, Allison <Shuren.Allison@ARENTFOX.COM>
Sent: Thu Jun 12 22:00:17 2003
Subject: FW: Order #671694 has been Shipped via FedEx
I have another question for you. This is a response Darren formulated for us. Do you believe this
is this how we should answer these types of questions?
Thank you for you time.
-Chris
-----Original Message-----
From: Sharon Bodden
Sent: Thursday, June 12, 2003 9:47 AM
To: lauraamoore@msn.com
Subject: RE: Order #671694 has been Shipped via FedEx
Dear Ms.Moore:
We are sorry that you were not satisfied with the product you ordered.
Sharon Bodden
A Member of Your Dedicated Customer Care Solutions Staff
-----Original Message-----
From: Laura Moore [mailto:lauraamoore@msn.com]
Sent: Wednesday, June 11, 2003 5:04 PM
To: customercare@ccs-mailcenter.com
Subject: Re: Order #671694 has been Shipped via FedEx
I am very unhappy with this product and have spent a great deal of
money.
How do I get a refund?
>From: <customercare@ccs-mailcenter.com>
>To: <lauraamoore@msn.com>
>Subject: Order #671694 has been Shipped via FedEx
>Date: Fri, 6 Jun 2003 08:08:16 -0000
>
>Dear Laura,
>
>Your order #671694 was shipped today.
>
>An adult signature will be required at the time of delivery. Please be
>available to sign for your requested order as FedEx is unable to leave
the
>package at your door.
>
>Your tracking number is: 622032540335
>
>You can check the status of your order at:
>
>https://www.e-scripts-md.com/escripts/status.asp?OID=671694
>
>
>For a free pharmacy consultation, you may call the toll-free number
>printed on your prescription bottle.
>
>If you have any questions, please e-mail us at:
orders@ccs-mailcenter.com
>
>You may be eligible to request this medication on
>6/24/2003.
>
>http://www.e-scripts-md.com?Referrer=11874
>
>Thank you,
>
>Your Dedicated E-Scripts Staff
>http://www.e-scripts-md.com?Referrer=11874
>
-------------------------------------------------------------------------------------------------------------
From: Stoufflet
Sent: Friday, July 18, 2003 10:49 PM
To: 'Pavel, Tony'
Subject: Affiliates Issues
Tony,
Here is what I want to send immediately to Mike Anderson and any other affiliates that may be in any
violation of any of these areas. Does this sound OK to you? I will also be addressing the affiliates who do
you use the XML service.
--------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------
Your Affiliate’s Terms page, Informed Consent and Patient Responsibility Statement must also be
corrected. Affiliates are not allowed to use or modify our copyrighted information without prior consent. I
can forward you the proper forms to display. Once again, it must be clear that the affiliates are
participants of our affiliate program and patients/customers understand that they are provided this
service through eScripts. The way you are displaying information is very misleading. I wanted to make it
clear that you can still earn commission on their sales but they are participating in our affiliate program.
In regards to your request for patient/customer data, I cannot provide you with this information. The
patient/customer would have to authorize us to release that information to you.
--------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------
Quick question – this is at the bottom of the websites, our and the affiliate starter kit – Should it
reference both of us/ the affiliates’ website and eScripts or what?
The information contained in this e-mail transmission is intended for the use of the designated recipients named above. If the reader of this
message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have
received this document in error and that any review, dissemination or copying of this message is strictly prohibited. If you have received
this communication in error, please notify us immediately by telephone or return e-mail and return the original message to us. Thank you.
25215 e-scripts-rnd LLC Invoice Number 918889
00000 General Page 3
22 AUGUST 2003
*TKPR TOTAL* .6 *
07/10/03 AW SHUREN Revise memorandum 4.3
07/11/03 AW SHUREN Revise memorandum 3.1
07/15/03 AW SHUREN Follow up with T. Pavel regarding status of .2
projects
07/16/03 AW SHUREN Meet with T. Pavel; telephone call with C. 1.2
Stoufflet
07/18/03 1'.W SHUREN Prep~ration for and telephone call with C. .7
Stoufflet and T. Pavel
07/23/03 AW SHUREN Follow up with T. Pavel regarding documents .3
07/28/03 AW SHUREN Follow up with T. Pavel to HIPAA issues .2
07/30/03 AW SHUREN Meet with T. Pavel regarding informed .6
consent and compounding medications questions
*TKPR TOTAL* .1 *
Dear Buddy:
It is my understanding that two of the four patients named in the subpoena are customers
of e-Scripts: Irene Duhon and David Duhon. Each customer has received one 90-day order of
Phentennine. Irene Duhon placed a second order for Phentennine with e-Scripts, but a doctor
denied the order for lack of appropriate body mass index (BMI). Further, it is my understanding
that the DEA was specifically asking Advanced about orders for hydrocodone (genelic Vicodin),
which e-Scripts does not offer.
As always, if you have any questions, please do not hesitate to contact me.
Attachment
fY2!!m
cc: Mr. Chris Stoufflet (via hand delivery)
6. Applicable Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Georgia, without regard to choice of law principles. This Agreement has
been negotiated, executed, and delivered in the State of Georgia. In regard to any action to
enforce or interpret this Agreement, or any matter otherwise arising out of or relating to this
Agreement, each party (i) consents and submits to personal jurisdiction and venue in the
Superior Court of Cobb County, State of Georgia, or the United States District Court for the
Northern District of Georgia, Atlanta Division (the "Courts"); (ii) waives any and all objections
to jurisdiction and venue in the Courts; and (iii) waives any objection that the Courts are an
inconvenient forum. Each party further agrees that jurisdiction and venue concerning any legal or
equitable action to enforce or interpret this Agreement, or otherwise arising out of this
Agreement, shall rest exclusively in the Courts, so that any such action shall be brought and
defended in the Courts.
WHEREFORE, the parties indicate their acceptance of the terms of this Agreement by
placing their signatures in the spaces provided below.
Title: _ [SEAL]
-dYFARTH 55 EAST MONR.OE STREET - SUITE 4200
CHICAGO, ILLINOIS 60603-5803
ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C.
BRUSSELS
September 2003
General Corporate
ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C.
BRUSSELS
October 2003
General Corporate
Subject
RE: Industry and affiliate forum post
From bpa rker@gcpwlaw.com
To Chris Stoufflet-Wk
Sent Monda y, October 20, 2003 6:07 PM
The information contained in this e-mail transmission is intended for the use of the designated recipients
named above. This message may be an attorney-client communication and as such is privileged and
confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to
the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination or copying of this message is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone or return e-mail and return the original
message to us. Thank you.
-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Monday, October 20, 2003 11:48 AM
To: bparker@gcpwlaw.com
Subject: FW: Industry and affiliate forum post
Mr. Parker – I wanted to post this on the internet – we have a lot of affiliates that are inquiring about the
recent activity and asking us questions. They are wanted to leave their current providers and are looking to
work with us. Can you please make any recommendations and let me know if this is appropriate?
Thank you,
-Chris
The information contained in this e-mail transmission is intended for the use of the designated recipients named abov e. If the
reader of this message is not the intended recipient or agent responsible for deliv ering it to the intended recipient, y ou ar e hereby
notified that y ou hav e receiv ed this document in error and that any rev iew, dissemination or copy ing of this message is stric tly
prohibited. If y ou hav e receiv ed this communication in error, please notify us immediately by telephone or return e-mail and return
the original message to us. Thank y ou.
Dear Affiliates,
As you may be aware, the Federal Government is actively pursuing companies that allegedly selling
prescription medication over the Internet without proper physician or pharmacy approval. Given
the seriousness of this action, and the fact that this is only one of many allegedly illegal pharmacies
and companies that are being investigated and closed by the DEA, we felt the need to reiterate e -
Scripts.MD's continued commitment to lawful and ethical business practices, which makes us the
established leading company since 1999.
As an affiliate of e-Scripts-MD, you can rest assure that we will continue to remain in compliance
and keep up with the ever changing regulations. We are constantly working with our outstanding
team of legal experts to ensure and protect our position in the industry and, most important, our
plans for the future.
There have been many companies that have recently started operations with little or, worse, no
legal guidance. This should be a major concern to all affiliates. As an affiliate, please use extreme
caution when becoming involved with any of these companies. An affiliate should be especially
concerned with companies that offer customer access to controlled substances and/or the ability to
accept new orders via the telephone. More enforcement actions, like the one referenced above,
are expected in the very near future.
We, on the other hand, have always taken a safe approach in our business decisions. That is why
we are where we are today. We are excited about our future and hope that you have that same
level of confidence. If you are interested in discussing possible future endeavors, please feel free
to contact us at - -
Sincerely,
Chris Stoufflet
President/CEO
eScripts MD LLC.
Subject
RE: please review (REVISED)
From Chri s Stoufflet-Wk
To 'bpa rker@gcpwlaw.com'
Sent Monda y, November 17, 2003 5:27 PM
Thank you -
-Chris
-----Original Message-----
From: bparker@gcpwlaw.com [mailto:bparker@gcpwlaw.com]
Sent: Monday, November 17, 2003 4:53 PM
To: Chris Stoufflet-Wk
Subject: RE: please review (REVISED)
You cannot state “….still derive profits from this type of illegal activity.” The activity has not, I
repeat not been found to be “illegal” per se. It is obvious that DEA contends that it is illegal and it
may be that one or more judges may conclude under a very specific fact pattern that the conduct in
questioned may support a jury finding that someone knowingly and willfully conspired to criminally
violate the law, but the simple practice unless determined by the specific State which regulates the
doctor in question is not per se illegal. Simply remove the word “illegal” from you message. Buddy
The information contained in this e-mail transmission is intended for the use of the designated
recipients named above. This message may be an attorney-client communication and as such is
privileged and confidential. If the reader of this message is not the intended recipient or agent
responsible for delivering it to the intended recipient, you are hereby notified that you have received this
document in error and that any review, dissemination or copying of this message is strictly
prohibited. If you have received this communication in error, please notify us immediately by telephone
or return e-mail and return the original message to us. Thank you.
-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Monday, November 17, 2003 4:37 PM
To: bparker@gcpwlaw.com
Subject: FW: please review (REVISED)
Importance: High
Mr. Parker,
I will call you later to inform update you on what happened in Federal court with the Copyright case.
Craig Bertschi and Darren were both present.
I want to send the email below to our affiliates but wanted your input first.
Thank you,
-Chris
I wanted to update you on the status of the industry and some of the recent activities.
The Industry:
The U.S. Drug Enforcement Administration has released it's policy as it relates to
customers/patients obtaining “Controlled Substances” based solely on an on-line
questionnaire. Some companies have decided to ignore this policy and divert such requests
to companies “outside the US” and “outside the jurisdiction of the law” and still derive profits
from this type of illegal activity.
The answer to your question – Can affiliates still promote/engage in this activity? If you
need more clarification regarding your liability while participating in this business model,
please consult your attorney.
Thank you for your cooperation and understanding during this transactional period.
Sincerely,
-Chris Stoufflet
CEO
e-Scripts -MD, LLC
Subject
RE: email to our top 30 affiliates
From bpa rker@gcpwlaw.com
To Chris Stoufflet-Wk
Sent Thurs day, November 06, 2003 6:12 PM
Did you complete your sentence where you say “…we have decided to discontinue access submit you
request”? This does not make sense to me; otherwise it is good. I am on my way out so I approve this
message.
The information contained in this e-mail transmission is intended for the use of the designated recipients
named above. This message may be an attorney-client communication and as such is privileged and
confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to
the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination or copying of this message is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone or return e-mail and return the original
message to us. Thank you.
-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Thursday, November 06, 2003 6:09 PM
To: bparker@gcpwlaw.com
Subject: FW: email to our top 30 affiliates
Mr. Parker – here is one of the emails we are ready t send with you approval – thank you
-Chris
-----Original Message-----
From: Shuren, Allison [mailto:Shuren.Allison@ARENTFOX.COM]
Sent: Thursday, November 06, 2003 5:57 PM
To: Chris Stoufflet-Wk
Subject: RE: email to our top 30 affiliates
see below
-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Thursday, November 06, 2003 5:22 PM
To: Shuren.Allison@ARENTFOX.COM
Subject: email to our top 30 affiliates
Allison,
I would like to send something along these lines to our top 30 affiliates - I worked hard to build these
As you are well aware, we have always worked closely with our attorneys regarding the
legalities of this industry. Due to the recent policy enacted by the U.S. Drug Enforcement
Agency concerning customers obtaining prescriptions based solely on an online medical
questionnaire, we have decided to discontinue access submit such request. We have new
business models that exceed the current concerns express by the DEA that we will be
introducing to you in the near future. The DEA policy may be accessed at
http://www.usdoj.gov/dea/pubs/pressrel/diversion_actualities_transcript.html
You may redirect all inquires for request for controlled substances to (this will be a page on
our website stating our new company policy).
We apologize for any inconvenience, appreciate your understanding during this transition and
look forward to your participation in our new concepts.
Sincerely,
Chris Stoufflet
President/ CEO
e-Scripts-MD, LLC
Thank you,
-Chris
~ STOCKTO
Atlanta, Georgia 30394
LLP Telephone (866) 244-4934
Fed. J.D. No. 58-0511774
FEBRUARY 11,2004
RE:CHRISSTOUFLETT-GENERAL
Subject
RE: Any word on the date of the trial? What about Traub? thank you
From CMS | CMi cha el Group
To 'Don Sa muel'
Sent Sunday, February 24, 2008 12:56 PM
Speaking of Shuren, I have the interoffice MEMO from Shuren to someone in her
office about us continuing to operate. Did you see that one?
-----Original Message-----
From: Don Samuel [mailto:dfs@gsllaw.com]
Sent: Saturday, February 23, 2008 6:29 PM
To: CMS | CMichael Group
Subject: RE: Any word on the date of the trial? What about Traub? thank you
No word on the trial. I spoke to Jeff Brickman, who represents the New York
doctor and he said that the other two doctors' lawyers are going to file the
medical records on Monday or Tuesday showing how ill their clients are. I didn't
call Traub, because I didn't have all his records in good enough shape in case he
doesn't agree to talk to me more than once. I will need to issue him a subpoena
later this week to make sure he shows up (Mel Hewitt and Buddy both assured
me that they are available and don't need to be subpoenaed. I still feel very
reluctant to issue a subpoena to Arent Fox or their lawyers, because I think that
they will hurt us. Buddy and Mel Hewitt are prepared to say that they received all,
or most of the correspondence from them (Hewitt is always cc's; as is Traub in
later months). I also think the government is going to end up bringing Shuren, so
she will be there anyways.
dfs
Subject udpate
From Don Sa muel
To CMS | CMi cha el Group
Sent Thurs day, February 21, 2008 3:13 PM
I have finished the first run through the files and have done a certain amount of organizing. I want you
to review the CaseMap that David did and write on it everything that you think is wrong or left out. I
have interviewed Buddy and Mel Hewitt. Both are relatively helpful. Not perfect, but not bad,
either. Buddy says that everybody realized the regulatory issues, but nobody thought it was a federal
crime of drug dealing. Mel said that you did everything you could to stay legal, but he was not the
person to give advice, which is why he turned to Arent Fox. I am going to call Darin Traub later today or
tomorrow.
dfs