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Case: 7:19-cr-00009-REW-EBA Doc #: 1 Filed: 04/25/19 Page: 1 of 3 - Page ID#: 1

Easternnwto\ of Kentulk.1
UNITED STATES DISTRICT COURT FIL ID
EASTERN DISTRICT OF KENTUCKY APR 25 2019
SOUTHERN DIVISION
PIKEVILLE ATLO!iOON
ROBERT rt CARR
CLERK U.S. DISTRICT COURT
UNITED STATES OF AMERICA

V. INDICTMENT NO. rJ.' Jt/-t/<..--D'7- fe.~

KELSIE SPENCER

* * * * *
THE GRAND JURY CHARGES:

COUNT 1
18 U.S.C. § 1365(a)(4)

On or about November 13, 2018, through on or about November 14, 2018, the

exact date unknown, in Johnson County, in the Eastern District of Kentucky,

KELSIE SPENCER

with reckless disregard for the risk that another person would be placed in danger of

death or bodily injury, and under circumstances manifesting extreme indifference to such

risk, did tamper with a consumer product that affected interstate commerce, to wit:

butorphanol tartrate (Stadol), a Schedule IV controlled substance, by diluting the

ampoules with saline, all in violation of 18 U.S.C. § 1365(a)(4).


Case: 7:19-cr-00009-REW-EBA Doc #: 1 Filed: 04/25/19 Page: 2 of 3 - Page ID#: 2

COUNT2
18 U.S.C. § 100l(a)(2)

On or about November 19, 2018, in Magoffin County, in the Eastern District of

Kentucky,

KELSIE SPENCER

did willfully and knowingly make and cause to be made materially false, fictitious, and

fraudulent statements and representations in a matter within the jurisdiction of an agency

of the United States by falsely, fictitiously, and fraudulently stating to a special agent of

the U.S. Food and Drug Administration that she was not familiar with the AccuDose Rx

Station, when, as she then and there knew, such statement was false, fictitious, and

fraudulent, because she had, in fact, been previously trained on the operation and use of

the AccuDose Rx Station while working at Appalachian Regional Healthcare, and had

conducted approximately 1,467 prior transactions utilizing the AccuDose Rx Station

while so employed, all in violation of 18 U.S.C. § 1001(a)(2).

A TRUE~

ROBERT M. DUNCAN, JR.


UNITED STATES ATTORNEY
Case: 7:19-cr-00009-REW-EBA Doc #: 1 Filed: 04/25/19 Page: 3 of 3 - Page ID#: 3

PENALTIES

COUNT 1: Not more than 10 years imprisonment, a $250,000 fine, and 3 years
supervised release.

COUNT 2: Not more than 5 years imprisonment, a 250,000 fine, and 3 years
supervised release.

PLUS: Mandatory special assessment of $100.

PLUS: Restitution, if applicable.

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