CLARKSBURG – Morgantown pharmacist Scott D. Tingler was sentenced on Wednesday to 10 years and one month in federal prison and three years’ supervised release for his role in a conspiracy to illegally distribute 250.000 oxycodone pills in Monongalia County and southwest Pennsylvania.
U.S. District Judge Irene Keely accepted the recommendation of Assistant U.S. Attorney Sarah E. Wagner over the request of Tingler’s defense attorney, Jason Wingfield, who asked for 72 months. Keely said she took into account the sentencing guidelines and the degree of TIngler’s crime weighed against those of other medical professionals convicted of similar or lesser crimes.
Tingler owned Bruceton Pharmacy in Bruceton Mills and American RX Pharmacy located inside the Venture Drive Price Cutter in Morgantown. He also owns Core Holdings, DB Construction and Tingler Rental Properties.
According to the U.S. Attorney for the Northern District of West Virginia, Tingler, 40, pled guilty in May 2019 to one count of Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice and one count of False Tax Return.
Tingler admitted to conspiring with others to distribute the oxycodone – totaling more than 7,400 grams – in Mon County and Pennsylvania from August 2014 to August 2018. Tingler also admitted to filing a false tax return in April 2015, grossly understating his taxable income.
As Keely recounted in her U.S. District courtroom, Tingler’s co-conspirator (The Dominion Post agreed to Wagner’s request to withhold the name for the safety of the person, who will be sentenced in March) would bring him blank prescription pads which Tingler would fill out. When those pads ran out, Tingler used carbon paper to create false documents which the co-conspirator would sign with forged signatures of 10 or more licensed physicians.
They would meet in one of two parking lots to exchange pills and money. Tingler hid his illicit income, nearly $1 million, by mingling it with his business revenue and falsifying his tax return.
At some point, Keely said, Tingler became suspicious and tried to withdraw his compassion and support for the co-conspirator but continued under duress of alleged threats from the co-conspirator.
In August 2018, the Drug Enforcement Agency and the IRS raided Tingler’s Madigan Avenue home and the two pharmacies.
Tingler was afforded the opportunity to stand and make a statement. Clearly choked up, he said, “I want to apologize to everyone I’ve affected by my actions.” He mentioned Keely, his ex-wife, his children, family members and former employees. “Never in a million years would I picture myself doing anything illegal, but I did. … I’ve ruined so many lives.”
He said that when the DEA raided his home in August 2018, with machine guns, he thanked the lead officer for coming. “I knew this was the start of the end of the situation I’d put myself in for four years.
He asked those he’d harmed to forgive him. “In the end, I will never forgive myself.” He’s disappointed everyone. “For this I am truly sorry.”
Keely allowed Wingfield to present three character witnesses, in hopes of lightening the sentence.
Tingler’s older brother, Jason Tingler, called Tingler, who stands somewhat over 6 feet 4 inches, a gentle giant. Jason went to work for DB Construction after he retired from the military. He described how Tingler helped a neighbor bale hay year after year for almost no pay. He replaced for free the leaky roof of an elderly woman who’d been bilked by another contractor. “He’s got a big heart.”
Former employee Christopher Hostutler recounted several instances where Tingler went out of his way to help him and other people, including replacing the front porch roof and steps of a woman who couldn’t afford to pay him.
Beth Hamm worked in the American RX Pharmacy and tipped law enforcement to the suspicious activity. But she praised his character and told how Tingler gave her husband at the time a job to tide him over during a layoff. Now, Tingler is her boyfriend.
“He’s going through the worst time in his life and he still offers help to anybody who needs it,” she said.
Wingfield cited Tingler’s character and his low likelihood of recidivism among the reasons for a lighter sentence.
But Wagner didn’t buy that. Tingler is a well-educated professional, she said, who knew better but was motivated by greed.
“He had everything to lose and the only thing he had to gain from his crime was money,” she said. When he was allegedly threatened, he could have contacted law enforcement and faced lesser charges, but chose to continue. “He has no excuse for his actions.”
Keely agreed with Wagner, saying “the evil in which you engaged” outweighed any his evident penitence and any statements regarding his character.
Tingler’s prison sentence includes 121 months for the drug distribution count and three years for the tax fraud count, to be served concurrently. He also owes $507,942.42 restitution, including $479,508 owed to the IRS.
Tingler previously agreed to relinquish his pharmacy license and not seek to reinstate it, and agreed to not seek employment in any position that would require or permit him to handle or dispense controlled substances during any period of incarceration or probation. He agreed to forfeit any property or proceeds from the drug offense in the amount of $1,845,000, as well as a 2016 GMC Sierra 3500HD truck.
Tingler faced fines of up to $1.25 million for the two criminal counts, but Keely waived those.
Keely allowed Tingler to self-report to prison by noon on March 2, at FCI Morgantown or the closest available facility. Upon release, he may be required to perform community service until he secures a job.
In September 2019, the Monongalia County grand jury indicted Tingler on eight counts of forgery.
TWITTER @dbeardtdp Email David Beard at dbeard@dominionpost.com
