East County

Two pharmacists, from Santee and La Mesa, pleaded guilty Tuesday to federal charges stemming from selling expired drugs and drug samples that were relabeled and sold improperly.

Leonard Schlein, 31, owner of Rancho San Diego Pharmacy in La Mesa, pleaded guilty before U.S. District Judge Leland Nielsen to two counts of defrauding drug manufacturers.

Alan Bierman, 41, owner of Valumed Pharmacy in Santee, pleaded guilty before U.S. District Judge Howard Turrentine to two counts of delivering adulterated and misbranded drugs.

Sentencing for both was set for Dec. 9. Assistant U.S. Atty. Robert Rose said Schlein could receive eight years in prison and a fine of $11,000. Bierman could receive a maximum of six years and a $20,000 fine.

Schlein and Bierman were among 51 people named on similar charges in an indictment released Aug. 6 in Atlanta. The only other local person indicted was Frank MaCosky, a former drug salesman for Schlein. MaCosky will return to court Nov. 12.

According to court records, the two pharmacists sold drug samples, given to them by manufacturers, to customers. They put the drugs--including some that were past their expiration dates--into plastic bags for resale.

The indictment pointed out that drugs sold this way cannot be recalled in the event of an emergency because the manufacturer’s lot number is not given to the customer.

Bierman allegedly paid $10,938.53 to someone in Atlanta on two occasions to get these kinds of drugs to sell in his pharmacy, according to the indictment.

When Schlein was asked by customers why some drugs said “sample” on them, the pharmacist was quoted as saying they were obtained by a French pharmaceutical company whose name was pronounced “samplay,” according to court records.

The indictment also alleges that Schlein purchased four drugs in Mexico and hid them from U.S. Customs when crossing the border.

Some of the 49 other defendants have already been sentenced in Atlanta to terms ranging from six months to eight years in prison. The three East County men are free on bail.