Delaware County pharmacist accused of distributing controlled substances in exchange for sexual favors

An 81-year-old Delaware County pharmacist has been charged after he allegedly distributed controlled substances to at least two women in exchange for sexual favors, prosecutors announced.

Martin Brian is charged with multiple counts of possession with intent to deliver a controlled substance, distribution of a controlled substance to a drug-dependent person, the dispensing of a controlled substance in a manner inconsistent with the rules of the medical profession, the criminal use of a communication facility, and sexual extortion, all felonies. Brian turned himself into authorities on Monday, Nov. 1

He was the owner and operator of Murray-Overhill Pharmacy located on State Street in Media, which ceased operation in June 2021. 

"The allegations against Brian that he repeatedly distributed powerful painkillers and other controlled substances in exchange for sexual acts are repulsive and demonstrate Brian's total disregard for his legal and ethical responsibilities as a pharmacist," said Thomas Hodnett, Acting Special Agent in Charge of the Drug Enforcement Administration's (DEA) Philadelphia Field Division. "The DEA, working with its partners such as the Delaware County District Attorney's Office, the Media Borough Police Department, and the Pennsylvania Department of State, will aggressively pursue rogue pharmacists like Brian that are responsible for contributing to the opioid epidemic."

Martin Brian (Delaware County District Attorney's Office) 

The investigation began on April 18 when police responded to an anonymous trip to check on two unconscious individuals parked at the rear of the Murray-Overhill Pharmacy.  As the officers were in the process of identifying the people in the car, a woman came out from the pharmacy. She went back inside after spotting police. Brian then exited and asked officers if everything was alright, according to authorities.

The district attorney's office states that upon separate questioning, inconsistencies emerged in the accounts given by the woman and by Brian. As a result, the cell phone of the woman was seized, and a search warrant was obtained for its contents. Numerous text messages between the woman and Brian were found in which the defendant directed the woman in how to respond to the officers’ questions, investigators say.

The U.S. Drug Enforcement Administration conducted an audit of the pharmacy on April 20, analyzing the pharmacy inventory for a five-year period, from 2016 to 2021. The audit revealed substantial discrepancies in the pharmacy’s inventory of oxycodone, Xanax, and fentanyl. 

The pharmacy’s practices were also reviewed against the DEA’s database, which allows the DEA to compare the quantity and types of purchases that a pharmacy is making and compare those purchases to other pharmacies. Investigators say the comparison revealed that the Murray-Overhill Pharmacy was the largest purchaser of oxycodone, fentanyl, and related drug products, in the 19063 zip code. 

According to the Delaware County District Attorney's Office, the woman officers questioned on April 18 was interviewed by agents from the DEA, and she admitted that she had been meeting Brian weekly to exchange sex acts for money and for controlled substances. Investigators obtained a search warrant for Brian's residence and the pharmacy, as well as for his electronic devices. Among other things, investigators say they discovered approximately $50,000 in cash in a drawer in the pharmacy. 

Further investigation led to a second woman who admitted to investigators that she had been exchanging sexual favors for drugs with Brian multiple times a week and that she could not even count the number of bottles of oxycodone that she had received. She told investigators that she later sold the oxycodone received from Brian for heroin, according to prosecutors.

Bail has been set at $250,000, unsecured. A preliminary hearing is scheduled for Nov. 17.

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