Sanction For Pharmacist Crime And Bar Testimony

The Ohio Supreme Court has imposed an indefinite suspension with no credit for time served on a felony conviction interim suspension and reinstatement on conditions. 

In addition to the conviction, the attorney had falsely concealed his Michigan disbarment in a deposition given in the Ohio bar case.

We adopt these findings of misconduct. Moreover, we emphasize that whether Lindon affirmatively misrepresented or knowingly omitted material facts regarding his Michigan disbarment, the result is the same—Lindon engaged in conduct that involved dishonesty, fraud, deceit, or misrepresentation not only during relator’s investigation but also in his conduct before the board, which serves as an arm of this court.

The crime

While working as a pharmacist at the Cleveland Clinic, Lindon was the subject of an internal investigation into the possible theft of drugs from the pharmacy. On June 2, 2015, security personnel reviewed video footage of Lindon removing a bottle of hydrocodone tablets from a basket, dumping something into his hand, and then placing that hand in his pocket. Upon being approached by security personnel, Lindon removed something from his pocket and placed it in his mouth. After being asked to empty his pockets, Lindon removed three pills—two were later identified as tramadol and one was later identified as hydrocodone.

Lindon was indicted on felony counts of theft, drug possession, and tampering with evidence. He represented himself at trial, and a jury found him guilty on all counts. The trial court sentenced him to serve two years of community control and ordered him to complete regular drug testing, counseling, and inpatient drug treatment and to pay a fine of $750. As a result of Lindon’s convictions, his Ohio pharmacist license was permanently revoked.

(Mike Frisch)