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Justice News

Department of Justice
U.S. Attorney’s Office
District of Montana

Thursday, March 13, 2014

Obtaining Drugs By Deception Draws Jail Time

The United States Attorney's Office announced that CYD MARIE BABB, was sentenced to 6 months in prison followed by 1 year supervised release in connection with her guilty plea to obtaining pain killers through fraud. BABB was sentenced by U.S. District Judge Sam Haddon during a federal court session in Butte, on February 21, 2014.

In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, the government stated that on or about May 19, 2013, in Bozeman, the defendant knowingly acquired and obtained possession of Schedule III controlled substance, Hydrocodone, by means of misrepresentation, fraud, deception, and subterfuge, namely by falsely presenting herself as a person authorized to prescribe and receive controlled substances.

Babb used her cellular telephone number to call in fraudulent Schedule III hydrocodone prescriptions to pharmacies throughout Montana by posing as a nurse, calling from a medical office, and requesting a prescription for a nonexistent patient. According to DEA records, Babb used the DEA registration numbers and names of approximately 26 different medical professionals to forge prescriptions in approximately 50 different fraudulent patient names to obtain hydrocodone.

Many of the pharmacies where Babb called in the fraudulent prescriptions have video surveillance and/or photographs of Babb entering the store, picking up, and paying for the fraudulent prescription from the pharmacy.

An analysis revealed that Babb's cellular telephone number was used to make approximately 1000 calls to 58 different pharmacies located in 17 different cities in 14 counties within the State of Montana; two pharmacies located in Coeur d'Alene and Hayden Lake, Idaho; and one pharmacy in Gillette, Wyoming, from August 20, 2011 through June 25, 2013.

More specifically, on May 19, 2013, Babb used her cell phone to call in a fraudulent prescription for180 pills of Lortab (hydrocodone) a Schedule III controlled substance at Price Rite Pharmacy in Bozeman, Montana. Babb told the pharmacy that she was calling from a doctor's and fraudulently used the doctor's DEA number to call in a prescription for a fictitious patient.

Babb then later went to Price Rite Pharmacy and claimed to be there to pick up the Lortab prescription for and on behalf of the fictitious patient. After Babb tendered payment, the pharmacy gave the Lortab prescription to Babb. Babb did not work for the doctor's office and was not authorized to use the doctor's DEA number to call in a prescription.

Drug Enforcement Administration agents later interviewed the pharmacist at Price Rite Pharmacy. The pharmacist told agents that Price Rite had received numerous prescriptions for large amounts of Hydrocodone that were picked up by a stocky, middle-age female. Agents showed the pharmacist and a pharmacy technician a photo line-up containing Babb. Both individuals identified Babb as the female that picked up the prescription for the fictitious patient.

Updated January 14, 2015