Indiana Man Sentenced to 5 Years' Probation for Obtaining a Controlled Substance by Deception
FORT WAYNE, Ind. – Alfred A. Cooke, Assistant Special Agent in Charge of Drug Enforcement Administration-Merrillville, Indiana, and U.S. Attorney Clifford D. Johnson for the Northern District of Indiana announced that Lucian Boboia, age 49, of Phoenix, Arizona, was sentenced before U.S. District Court Judge Holly A. Brady after pleading guilty to obtaining a controlled substance, including fentanyl, by fraud or deception.
Boboia was sentenced to 60 months of probation.
According to documents in this case, Boboia, a pediatric dentist, acquired a Fort Wayne dental practice in March of 2021 and began seeing patients in April of 2021. He was the sole dentist there and was a registered practitioner with the DEA, authorized to order and administer controlled substances in accordance with his dental practice.
In August 2021, the DEA’s Diversion Control Division began to investigate allegations that Boboia was illegally obtaining controlled substances and engaging in measures to conceal this activity. The investigators learned that Boboia was ordering shipments of controlled substances to be delivered to his office on a weekly basis, including midazolam and fentanyl, and he was instructing staff members not to open the packages. The investigators were advised that fentanyl was not a substance used on patients.
In August 2021, investigators sought and received an administrative inspection warrant for the dental practice. During service of the warrant, investigators obtained records involving controlled substances to include receiving, dispensing, and inventory, as well as all controlled substances physically located at the practice. During the investigation, DEA found that between March through July 2021, Boboia had ordered and received approximately 1,700 vials of fentanyl, about 600 bottles and vials of midazolam, and about 200 diazepam tablets. It was determined that only a small portion of the midazolam was actually administered to patients, leaving the remainder of the controlled substances unaccounted for.
The DEA’s data showed Boboia as being the second highest purchaser of fentanyl by a dentist in the entire nation from January through August of 2021. During the same time, he was the top fentanyl purchaser among dentists in Indiana, purchasing almost three times as much fentanyl as the next-highest dentist. As part of the administrative process, Boboia voluntarily surrendered his DEA registrations, which formerly allowed him to order and dispense controlled substances. His dental license has been placed on indefinite probation for a minimum of five years, and he was required to close his practice.
“It is imperative that medical professionals who have the authority to order and to prescribe narcotics not use that authority as a means to fuel their own addiction. As shown by this case, this Office will take appropriate steps to stop such “self- dealing” of controlled substances,” said U.S. Attorney Clifford D. Johnson.
“The Drug Enforcement Administration remains committed to enforcing the controlled substances laws and regulations of the United States. Registrants who divert controlled substances, such as pharmaceutical fentanyl, from the legitimate supply chain will be held accountable. In partnership with our law enforcement and prosecutor colleagues, we will continue to focus on keeping Hoosiers safe and healthy,” said DEA ASAC Cooke.
The case was investigated by the DEA's Diversion Control Division. This case was prosecuted by Assistant U.S. Attorneys Anthony W. Geller and Sarah E. Nokes.