Press Release  Two Men Charged in Connection With Fraudulent Prescription Scheme Involving Date Rape Drug

Boston — A Florida man and a Gardner podiatrist have been arraigned in Worcester Superior Court in connection with an alleged scheme to use fraudulent prescriptions to illegally obtain a known date rape drug, Attorney General Maura Healey announced today.

Richard E. Genovese, 64, of Rindge, New Hampshire, was indicted on September 13 and arraigned on November 30 and pleaded not guilty to charges of Unlawfully Prescribing a Class A Drug, to wit: GHB (10 Counts) and Conspiracy to Violate the Controlled Substances Act (One Count).

Eric J. Boulianne, 45, of Boca Raton, Florida, was arraigned on October 31 and pleaded not guilty to the charge of Conspiracy to Violate the Controlled Substances Act (One Count).

Judge Janet Kenton-Walker released both defendants on personal recognizance and set their next court date for Feb. 1, 2019.

The charges are the result of a joint investigation between the AG’s Office and the Drug Enforcement Administration (DEA). Authorities allege that Genovese used his position as a podiatrist in Gardner to write 10 orders of Xyrem, a medication containing the Class A controlled substance, GHB, used to treat narcolepsy but often used illegally as a date rape drug, to Boulianne without a legitimate medical purpose.

Genovese and Boulianne became the focus of the investigation after Genovese wrote on Boulianne’s behalf to an attorney in Canada in April 2014 in connection with a separate criminal GHB possession case then pending against Boulianne. Genovese’s letter sought to excuse Boulianne from criminal liability in that case by claiming the two had a doctor-patient relationship and asserting that the Xyrem prescriptions he wrote for Boulianne were legitimate.  Authorities ultimately found no evidence that Genovese ever provided medical treatment to Boulianne and, moreover, no evidence that he provided any treatment requiring the use of Xyrem.

These charges are allegations and defendants are presumed innocent until proven guilty.

This matter is being handled by Cesar Vega of the AG’s Enterprise, Major and Cyber Crimes Division. This matter was investigated by the AG’s Office and the Drug Enforcement Administration.

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