Update: Pharmacist Indicted for Illegal Drug Dispersion

Scott Burko, 47, looks like the average pharmacist; his Facebook shows him, smiling, in front of shelves stocked with the usual pharmacy fare: lotions, creams, and little white bottles. But the United States District Court in White Plains is painting a different picture of the West Harrison man.

Last Tuesday, Burko was charged with one federal count of conspiracy with the intent to defraud and mislead, along with 81 other charges in connection to allotting medical drugs without valid prescriptions.

Authorities say Burko dispensed prednisone, a steroid, in the form of 10-milligram tablets from April 8, 2005 until March 31, 2006 on 81 separate occasions. They also indicate that Burko transferred non-prescribed drugs from as early on as 2003 through March 2006.

He worked for a company that operated pharmacies in Rockland, Orange, Dutchess, and Westchester counties, according to the indictment.

"Scott Burko was discovered to have been dispensing drugs without legal prescriptions," said Herbert Hedad from the U.S. Department of Justice in White Plains. "He made up and used fictitious patients names, including Robert and John Greene. Burko is thought to have had a co-conspirator, who may have worked with Burko in the theft of drugs from the pharmacies in which Burko worked."

Police say Burko dispensed prednisone to unnamed parties, referred to as "CC-1," as well as a bag of various prescription drugs, valued at over seven thousand dollars.

The charge of conspiracy carries a maximum sentence of five years, and a maximum fine of $250,000. That amount is actually equal to the gross financial loss or gain (as it was in Burko's case) at the culmination of the offense prior to conviction. Authorities are still unsure of the exact financial value of the drugs they say Burko dispensed through illegal transactions.

The other 81 counts on the indictment each carry a maximum sentence of three years in prison, with up to a $10,000 fine.

Assistant United States Attorney Marcia Cohen will lead the prosecution. The defense attorney for Scott Burko is Kerry Lawrence of White Plains.

This isn't the first time Burko has caught the attention of authorities. On September 11, 2007, Burko's license was suspended by the Board of Regents for a class B misdemeanor crime of attempted possession of stolen property. Burko was found guilty of professional misconduct, and was handed a three-month suspension penalty.

The indictment indicates that Clarkstown Police helped with the initial steps of the investigation before it was turned over to the FBI. The local police did not directly comment on their involvement.

"This case has gone to the federal level given the degree of the charges against Burko," said Sgt. Harry Baumann of the Clarkstown Police. "Once we turn the case over to the FBI, we – the locals – have to basically wash our hands of the investigation."

Burko has been released subject to bail conditions after he surrendered to the indictment in the United States District Court in White Plains the morning of April 7.

"Burko now faces up to five years in prison if convicted of the top charge against him: conspiracy," said Hedad. "He'll get three years if he is convicted of intent to defraud. But first, we have to convict him."