Dr. Smithers opened a practice in August 2015 and prescribed controlled substances to every patient in his practice, which resulted in more than 500,000 Schedule II substances being distributed, according to a Dec. 31 news release from the Justice Department.
Prior to March 7, 2017, Dr. Smithers took in more than $700,000 in cash and credit card payments for the prescriptions.
The jury convicted Dr. Smithers on one count of maintaining a place for the purpose of illegally distributing controlled substances and 466 counts of illegally prescribing Schedule II controlled substances.
Dr. Smithers was initially convicted of the charges in 2019, but the case was thrown out in February 2024. The U.S. Supreme Court struck down a law impacting the case, leading to a new trial being ordered.
Each distribution count carries a maximum sentence of imprisonment for a term of 20 years and a fine of $1 million. The conviction for maintaining a place for the illegal distribution of controlled substances carries a maximum sentence of imprisonment for a term of 20 years and a fine of $500,000.
Dr. Smithers has remained in custody since his initial conviction in 2019, the release said.
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