08/10/2026 | Press release | Distributed by Public on 08/10/2026 16:31
NASHVILLE - Thomas K. Weir, 65, of Celina, Tennessee, and two Celina pharmacies he majority-owned, Oakley Pharmacy, Inc. (doing business as Dale Hollow Pharmacy) and Xpress Pharmacy of Clay County LLC, have entered a consent judgment and permanent injunction resolving the United States' civil claims under the Controlled Substances Act and the False Claims Act, U.S. Attorney Braden H. Boucek for the Middle District of Tennessee announced today.
"Pharmacies occupy a position of trust, and the controlled substances laws exist to keep dangerous drugs out of the wrong hands," said U.S. Attorney Braden H. Boucek. "This judgment takes these defendants out of the controlled substances business for years to come and directs every dollar recovered toward the restitution owed to Medicare. Our office will continue using every criminal and civil tool available to protect Tennessee communities and the federal health care programs taxpayer's fund."
U.S. District Judge Aleta A. Trauger entered the order on Aug. 3, 2026, in United States v. Oakley Pharmacy, Inc., et al., Case No. 2:19-cv-00009 (M.D. Tenn.).
Under the judgment, Weir, Dale Hollow, and Xpress must pay the United States $450,000. The defendants' initial payment of $70,000 is due today, seven days after entry of the order, and the remaining $380,000 is due within 45 days of the order's entry. The payments will be credited in full toward the $1,419,974 in criminal restitution Weir was separately ordered to pay in his parallel criminal case, including $1,071,499 owed to the Medicare program and $348,475 owed to TennCare. The civil settlement amount was based on the defendants' financial condition, as reflected in sworn financial disclosures.
The judgment also bars Weir, Dale Hollow, and Xpress from administering, dispensing, distributing, or possessing with the intent to distribute any controlled substance through March 1, 2040. It also prohibits the defendants from applying for or seeking renewal of a Drug Enforcement Administration registration, whether on their own behalf or on behalf of any other entity, until at least that date. In addition, the defendants agreed to cooperate fully with the United States' investigation of individuals and entities not released by the agreement.
The United States filed the civil action on Feb. 7, 2019, alleging that the defendants knowingly dispensed controlled substances without valid prescriptions and knowingly and intentionally distributed and dispensed controlled substances outside the usual course of professional pharmacy practice. The complaint further alleged that the defendants routinely dispensed controlled substances despite warning signs of diversion and abuse, including unusually high dosages of oxycodone and other opioids, dangerous combinations of controlled substances, and patients traveling long distances to obtain and fill prescriptions. The United States also alleged that the pharmacies falsely billed Medicare for prescriptions that were not medically necessary or otherwise eligible for reimbursement.
Weir previously pleaded guilty in the related criminal case, United States v. Weir, Case No. 2:21-CR-00008 (M.D. Tenn.), to conspiracy to distribute and dispense controlled substances, conspiracy to commit health care fraud, and conspiracy to violate the Anti-Kickback Statute. On June 18, 2026, Judge Trauger sentenced Weir to 24 months in federal prison and ordered him to pay $1,419,974 in restitution to Medicare and TennCare.
Upon receipt of the civil settlement payments, the parties will jointly dismiss the civil action.
Assistant U.S. Attorney Ellen Bowden McIntyre for the Middle District of Tennessee represented the United States.
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