32280 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Notices 

The company plans to bulk 

manufacture small quantities of the 

above controlled substances for use in 

clinical research. No other activities for 

these drug codes are authorized for this 

registration. 

William T. McDermott, 

Assistant Administrator. 

[FR Doc. 2021–12817 Filed 6–16–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–853] 

Importer of Controlled Substances 

Application: Andersonbrecon Inc. DBA 

PCI of Illinois 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Notice of application. 

SUMMARY: Andersonbrecon Inc. DBA PCI 

of Illinois has applied to be registered as 

an importer of basic class(es) of 

controlled substance(s). Refer to 

SUPPLEMENTARY INFORMATION listed 

below for further drug information. 

DATES: Registered bulk manufacturers of 

the affected basic class(es), and 

applicants therefore, may file written 

comments on or objections to the 

issuance of the proposed registration on 

or before July 19, 2021. Such persons 

may also file a written request for a 

hearing on the application on or before 

July 19, 2021. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. All requests for a hearing must 

be sent to: Drug Enforcement 

Administration, Attn: Administrator, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. All request for a hearing 

should also be sent to: (1) Drug 

Enforcement Administration, Attn: 

Hearing Clerk/OALJ, 8701 Morrissette 

Drive, Springfield, Virginia 22152; and 

(2) Drug Enforcement Administration, 

Attn: DEA Federal Register 

Representative/DPW, 8701 Morrissette 

Drive, Springfield, Virginia 22152. 

SUPPLEMENTARY INFORMATION: In 

accordance with 21 CFR 1301.34(a), this 

is notice that on May 17, 2021, 

Andersonbrecon Inc. DBA PCI of 

Illinois, 5775 Logistics Parkway, 

Rockford, Illinois 61109–3608 applied 

to be registered as an importer of the 

following basic class(es) of controlled 

substance(s): 

Controlled substance Drug 

code Schedule 

Tetrahydrocannabinols 7370 I 

The company plans to import the 

listed controlled substance for clinical 

trial studies only. No other activity for 

these drug codes is authorized for this 

registration. 

Approval of permit applications will 

occur only when the registrant’s 

business activity is consistent with what 

is authorized under 21 U.S.C. 952(a)(2). 

Authorization will not extend to the 

import of the Food and Drug 

Administration-approved or nonapproved finished dosage forms for 

commercial sale. 

William T. McDermott, 

Assistant Administrator. 

[FR Doc. 2021–12819 Filed 6–16–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Johnny C. Benjamin, Jr., M.D.; 

Decision and Order 

I. Procedural Background 

On September 28, 2018, the Assistant 

Administrator, Diversion Control 

Division, Drug Enforcement 

Administration (hereinafter, DEA or 

Government), issued an Order to Show 

Cause (hereinafter, OSC) to Johnny C. 

Benjamin, Jr., M.D. (hereinafter, 

Registrant) of Vero Beach, Florida. OSC, 

at 1. The OSC proposed the revocation 

of Registrant’s Certificate of Registration 

No. BB3725732. Id. It alleged that 

Registrant has ‘‘been convicted of a 

felony relating to controlled substances 

and ha[s] no state authority to handle 

controlled substances.’’ Id. (citing 21 

U.S.C. 824(a)(2) & (a)(3)). 

Specifically, the OSC alleged that on 

April 27, 2018, Registrant was convicted 

by a Federal jury of: Conspiracy to 

possess with intent to distribute furanyl 

fentanyl resulting in death, in violation 

of 21 U.S.C. 846; distribution of furanyl 

fentanyl resulting in death, in violation 

of 21 U.S.C. 841(a)(1); attempt to 

possess with intent to distribute acetyl 

fentanyl, in violation of 21 U.S.C. 846; 

possession with intent to distribute 

oxycodone, in violation of 21 U.S.C. 

841(a)(1); and conspiracy to possess 

with intent to distribute hydrocodone 

and oxycodone, in violation of 21 U.S.C. 

846. Id. at 2. The OSC alleged that on 

July 6, 2018, the court issued its 

Judgment and sentenced Registrant to 

life in prison. Id. The OSC also alleged 

that, on May 3, 2018, ‘‘the State of 

Florida Department of Health 

immediately suspended Registrant’s 

Florida Medical License.’’ Id. The OSC 

further alleged that, as a result, 

Registrant is ‘‘currently without 

authority to handle controlled 

substances in the State of Florida, the 

state in which [Registrant] is registered 

with the DEA.’’ Id. (citing 21 U.S.C. 

824(a)(3); 21 CFR 1301.37(b)). The OSC 

concluded that ‘‘DEA must revoke . . . 

[Registrant’s] DEA registration based on 

[his] lack of authority to handle 

controlled substances in the State of 

Florida.’’ OSC, at 2. 

The OSC notified Registrant of the 

right to request a hearing on the 

allegations or to submit a written 

statement, while waiving the right to a 

hearing, the procedures for electing each 

option, and the consequences for failing 

to elect either option. Id. at 2–3 (citing 

21 CFR 1301.43). The OSC also notified 

Registrant of the opportunity to submit 

a corrective action plan. OSC, at 3–4 

(citing 21 U.S.C. 824(c)(2)(C)). 

II. Adequacy of Service 

In a sworn Declaration, dated January 

17, 2019, a DEA Diversion Investigator 

assigned to the West Palm Beach 

District Office of the Miami Division 

(hereinafter, DI) stated that she ‘‘spoke 

by telephone with United States 

Penitentiary Coleman SIS Technician 

[T.B.] to determine what procedures the 

prison had in place for serving legal 

documents on prisoners and [to] make 

arrangements for service of the [OSC] on 

Registrant.’’ Government’s Request for 

Final Agency Action (hereinafter, 

RFAA) Exhibit (hereinafter, RFAAX) 7 

(DI Declaration), at 1. DI stated that T.B. 

explained that T.B. ‘‘would personally 

serve the [OSC] on [Registrant].’’ Id. 

Accordingly, DI stated that, on October 

10, 2018, she sent the OSC via FedEx 

addressed to T.B. along with an 

unsigned Form DEA–12, Receipt for 

Cash or Other items. Id. DI further 

declared that on October 18, 2018, she 

‘‘received a FedEx package . . . from 

[T.B.] with the Form DEA–12 which had 

been signed by Registrant and witnessed 

by [T.B.], dated October 16, 2018.’’ Id.; 

see also RFAAX 7, Attachment (Form 

DEA–12). 

Additionally, on September 28, 2018, 

the DEA Office of Chief Counsel 

(hereinafter, CC) mailed the OSC to 

Registrant at both his registered address 

and his prison address. RFAAX 6 (CC 

Declaration of Service). Neither letter 

was returned to the Office of Chief 

Counsel as undeliverable. Id. 

The Government forwarded its RFAA, 

along with the evidentiary record, to 

this office on January 23, 2019. In its 

RFAA, the Government represents that 


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I I 
Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Notices 32281 

1The fact that a Registrant’s registration expires 

during the pendency of an OSC does not impact my 

jurisdiction or prerogative under the Controlled 

Substances Act (hereinafter, CSA) to adjudicate the 

OSC to finality. Jeffrey D. Olsen, M.D., 84 FR 68,474 

(2019). 

2Under the Administrative Procedure Act, an 

agency ‘‘may take official notice of facts at any stage 

in a proceeding—even in the final decision.’’ 

United States Department of Justice, Attorney 

General’s Manual on the Administrative Procedure 

Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 

1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an 

agency decision rests on official notice of a material 

fact not appearing in the evidence in the record, a 

party is entitled, on timely request, to an 

opportunity to show the contrary.’’ Accordingly, 

Applicant may dispute my finding by filing a 

properly supported motion for reconsideration of 

finding of fact within fifteen calendar days of the 

date of this Order. Any such motion shall be filed 

with the Office of the Administrator and a copy 

shall be served on the Government. In the event 

Applicant files a motion, the Government shall 

have fifteen calendar days to file a response. Any 

such motion and response shall be filed and served 

by email on the other party at the email address the 

party submitted for receipt of communications 

related to this administrative proceeding, and on 

the Office of the Administrator, Drug Enforcement 

Administration at dea.addo.attorneys@

dea.usdoj.gov. 

‘‘at least thirty days have passed since 

the time the [OSC] was served on 

Registrant’’ and no request for hearing 

has been received by DEA. RFAA, at 2. 

The Government requests revocation of 

Registrant’s DEA Certificate of 

Registration, because Registrant’s 

‘‘conviction of a felony relating to 

controlled substances, even apart from 

his lack of state authority, is a basis 

upon which his registration should be 

revoked’’ and because ‘‘DEA does not 

have statutory authority to maintain a 

registration if the registrant is without 

state authority to handle controlled 

substances.’’ Id. at 5. 

Based on the DI’s and CC’s 

Declarations, the Government’s written 

representations, and my review of the 

record, I find that the Government 

accomplished service of the OSC on 

Registrant on (or before) October 16, 

2018. I also find that more than thirty 

days have now passed since the 

Government accomplished service of 

the OSC. Further, based on the 

Government’s written representations, I 

find that neither Registrant, nor anyone 

purporting to represent the Registrant, 

requested a hearing, submitted a written 

statement while waiving Registrant’s 

right to a hearing, or submitted a 

corrective action plan. Accordingly, I 

find that Registrant has waived the right 

to a hearing and the right to submit a 

written statement and corrective action 

plan. 21 CFR 1301.43(d) and 21 U.S.C. 

824(c)(2)(C). I, therefore, issue this 

Decision and Order based on the record 

submitted by the Government, which 

constitutes the entire record before me. 

21 CFR 1301.43(e). 

III. Findings of Fact 

A. Registrant’s DEA Registration 

Registrant is the holder of DEA 

Certificate of Registration No. 

BB3725732 at the registered address of 

1355 37th St., Suite 301, Vero Beach, FL 

32960. RFAAX 1 (Certification of 

Registration Status). Pursuant to this 

registration, Registrant is authorized to 

dispense controlled substances in 

schedules II through V as a practitioner. 

Id. Registrant’s registration expired on 

July 31, 2020.1 Id. 

B. The Status of Registrant’s State 

License 

The Government submitted evidence 

that the Florida Board of Medicine 

(hereinafter, the FBM) issued an 

emergency suspension of Registrant’s 

Florida Medical License on May 3, 

2018. RFAAX 4 (FBM Order of 

Emergency Suspension). In the Order of 

Emergency Suspension, the FBM noted 

that Registrant’s ‘‘attempts to disguise 

his participation in illicit drug trades by 

using his credentials as a physician 

licensed in the state of Florida to 

purportedly be able to ‘grow cannabis 

for patients’ and to be able to traffic 

thousands of counterfeit oxycodone 

pills as ‘self-prescribed cancer pills’ 

indicate that [Registrant] lacks the good 

judgment [and] moral character required 

of a physician licensed to practice 

medicine in the state of Florida.’’ Id. at 

21. Further, the FBM found that: 

[Registrant’s] recurrent engagement in an 

unlawful and complex scheme to 

manufacture and distribute highly addictive 

and deadly controlled substances, continuing 

after [Registrant] had knowledge that his 

actions resulted in the death of another 

human being, and his attempts to limit his 

future criminal culpability by causing injury 

or death in a geographical location far away 

from him the next time it inevitably happens, 

indicate that [Registrant’s] continued, 

unrestricted practice of medicine poses an 

immediate serious danger to the public 

health, safety or welfare. 

Id. 

The Government also submitted 

evidence demonstrating that FBM 

issued a Final Order revoking 

Registrant’s medical license effective 

December 20, 2018. RFAAX 5 (FBM 

Final Order), at 2–3. The FBM Final 

Order was issued based on a complaint 

related to Registrant’s conviction of 

felonies related to controlled 

substances. Id. (Attachment). 

According to Florida’s online records, 

of which I take official notice, 

Registrant’s medical license remains 

revoked.2 Florida Department of Health 

MQA Search Services, Health Care 

Providers, https://

appsmqa.doh.state.fl.us/ 

MQASearchServices/ 

HealthCareProviders (last visited date of 

signature of this Order). As such, I find 

that Registrant’s Florida medical license 

is revoked. 

C. Registrant’s Conviction 

On April 27, 2018, Registrant was 

found guilty by a Federal jury of: 

Conspiracy to possess with intent to 

distribute furanyl fentanyl resulting in 

death, in violation of 21 U.S.C. 846; 

distribution of furanyl fentanyl resulting 

in death, in violation of 21 U.S.C. 

841(a)(1); attempt to possess with intent 

to distribute acetyl fentanyl, in violation 

of 21 U.S.C. 846; possession with intent 

to distribute oxycodone, in violation of 

21 U.S.C. 841(a)(1); and conspiracy to 

possess with intent to distribute 

hydrocodone and oxycodone, in 

violation of 21 U.S.C. 846. RFAAX 3 

(U.S. v. Johnny Clyde Benjamin, Jr., 

Judgment in a Criminal Case, Case No 

17–80203–CR–DIMITROULEAS (S.D. 

Fla. filed July 9, 2018)). On July 6, 2018, 

the court issued its Judgment and 

sentenced Registrant to life in prison. Id. 

at 2. 

IV. DISCUSSION 

A. Loss of State Authority 

Pursuant to 21 U.S.C. 824(a)(3), the 

Attorney General is authorized to 

suspend or revoke a registration issued 

under section 823 of the Controlled 

Substances Act (hereinafter, CSA) 

‘‘upon a finding that the registrant . . . 

has had his State license or registration 

suspended . . . [or] revoked . . . by 

competent State authority and is no 

longer authorized by State law to engage 

in the . . . dispensing of controlled 

substances.’’ With respect to a 

practitioner, the DEA has also long held 

that the possession of authority to 

dispense controlled substances under 

the laws of the state in which a 

practitioner engages in professional 

practice is a fundamental condition for 

obtaining and maintaining a 

practitioner’s registration. See, e.g., 

James L. Hooper, M.D., 76 FR 71,371 

(2011), pet. for rev. denied, 481 F. App’x 

826 (4th Cir. 2012); Frederick Marsh 

Blanton, M.D., 43 FR 27,616, 27,617 

(1978). 

This rule derives from the text of two 

provisions of the CSA. First, Congress 

defined the term ‘‘practitioner’’ to mean 

‘‘a physician . . . or other person 

licensed, registered, or otherwise 

permitted, by . . . the jurisdiction in 

which he practices . . . , to distribute, 

dispense, . . . [or] administer . . . a 


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32282 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Notices 

3Chapter 458 regulates medical practice. 

controlled substance in the course of 

professional practice.’’ 21 U.S.C. 

802(21). Second, in setting the 

requirements for obtaining a 

practitioner’s registration, Congress 

directed that ‘‘[t]he Attorney General 

shall register practitioners . . . if the 

applicant is authorized to dispense . . . 

controlled substances under the laws of 

the State in which he practices.’’ 21 

U.S.C. 823(f). Because Congress has 

clearly mandated that a practitioner 

possess state authority in order to be 

deemed a practitioner under the CSA, 

the DEA has held repeatedly that 

revocation of a practitioner’s registration 

is the appropriate sanction whenever he 

is no longer authorized to dispense 

controlled substances under the laws of 

the state in which he practices. See, e.g., 

James L. Hooper, 76 FR at 71,371–72; 

Sheran Arden Yeates, M.D., 71 FR 

39,130, 39,131 (2006); Dominick A. 

Ricci, M.D., 58 FR 51,104, 51,105 (1993); 

Bobby Watts, M.D., 53 FR 11,919, 11,920 

(1988); Frederick Marsh Blanton, 43 FR 

at 27,617. 

According to Florida statute, ‘‘A 

practitioner, in good faith and in the 

course of his or her professional practice 

only, may prescribe, administer, [or] 

dispense . . . a controlled substance.’’ 

Fla. Stat. Ann. § 893.05(1)(a) (West, 

Current with laws of the 2021 First 

Regular Session of the Twenty-Seventh 

Legislature in effect through May 25, 

2021). Further, ‘‘practitioner,’’ as 

defined by Florida statute, includes ‘‘a 

physician licensed under chapter 458.’’ 

3 Fla. Stat. Ann. § 893.02(23) (West, 

Current with laws of the 2021 First 

Regular Session of the Twenty-Seventh 

Legislature in effect through May 25, 

2021). 

Here, the undisputed evidence in the 

record is that Registrant’s license to 

practice medicine is currently revoked. 

As such, he is not a ‘‘practitioner’’ as 

that term is defined by Florida statute. 

As already discussed, however, a 

physician must be a practitioner to 

dispense a controlled substance in 

Florida. Thus, because Registrant lacks 

authority to practice medicine in 

Florida, he is not currently authorized 

to handle controlled substances in 

Florida. 

B. Registrant’s Felony Conviction 

Pursuant to section 304(a)(2) of the 

CSA, the Attorney General is authorized 

to suspend or revoke a registration 

‘‘upon a finding that the registrant . . . 

has been convicted of a felony under 

this subchapter or subchapter II of this 

chapter or any other law of the United 

States . . . relating to any substance 

defined in this subchapter as a 

controlled substance or a list I 

chemical.’’ 21 U.S.C. 824(a)(2). Each 

subsection of Section 824(a) provides an 

independent ground to impose a 

sanction on a registrant. Arnold E. 

Feldman, M.D., 82 FR 39,614, 39,617 

(2017). 

Here, there is no dispute in the record 

that Registrant has been convicted of 

conspiracy to possess with intent to 

distribute furanyl fentanyl resulting in 

death, in violation of 21 U.S.C. 846; 

distribution of furanyl fentanyl resulting 

in death, in violation of 21 U.S.C. 

841(a)(1); attempt to possess with intent 

to distribute acetyl fentanyl, in violation 

of 21 U.S.C. 846; possession with intent 

to distribute oxycodone, in violation of 

21 U.S.C. 841(a)(1); and conspiracy to 

possess with intent to distribute 

hydrocodone and oxycodone, in 

violation of 21 U.S.C. 846, which 

constitutes a felony conviction ‘‘relating 

to’’ controlled substances as those terms 

are defined in 21 U.S.C. 824(a)(2). 21 

U.S.C. 846 and 841(a)(1); William J. 

O’Brien, III, D.O., 82 FR 46,527, 46,529 

(2017). 

Where, as here, the Government has 

met its prima facie burden of showing 

that two grounds for revocation exist, 

the burden shifts to the Registrant to 

show why he can be entrusted with a 

registration. See Jeffrey Stein, M.D., 84 

FR 46,968, 46,972 (2019). Registrant, as 

already discussed, failed to respond in 

any way to the OSC. See RFAA, at 6. 

Therefore, among other things, 

Registrant has not accepted 

responsibility for his criminality, shown 

any remorse for it, or provided any 

assurance that he would not repeat it. 

See Jeffrey Stein, M.D., 84 FR at 46,972– 

74. Such silence weighs against the 

Registrant’s continued registration. Zvi 

H. Perper, M.D., 77 FR 64,131 64,142 

(2012) (citing Medicine ShoppeJonesborough, 73 FR 264, 387 (2008); 

Samuel S. Jackson, 72 FR 23,848, 23,853 

(2007)); see also Jones Total Health Care 

Pharmacy, LLC v. Drug Enf’t Admin., 

881 F3d. 823, 831 (11th Cir. 2018) (‘‘ ‘An 

agency rationally may conclude that 

past performance is the best predictor of 

future performance.’ ’’ (quoting Alra 

Laboratories, Inc. v. Drug Enf’t Admin., 

54 F.3d 450, 452 (7th Cir. 1995))). 

Further, the CSA authorizes the 

Attorney General to ‘‘promulgate and 

enforce any rules, regulations, and 

procedures which he may deem 

necessary and appropriate for the 

efficient execution of his functions 

under this subchapter.’’ 21 U.S.C. 

871(b). This authority specifically 

relates ‘‘to ‘registration’ and ‘control,’ 

and ‘for the efficient execution of his 

functions’ under the statute.’’ Gonzales 

v. Oregon, 546 U.S. 243, 259 (2006). A 

clear purpose of this authority is to 

‘‘bar[] doctors from using their 

prescription-writing powers as a means 

to engage in illicit drug dealing and 

trafficking . . . .’’ Id. at 270. In this 

case, Registrant has demonstrated the 

precise behavior that the Agency’s 

authority is intended to prevent by 

engaging in outright drug dealing with 

appalling disregard for the value of 

human life. Registrant’s behavior is ‘‘so 

obviously egregious that revocation is 

warranted.’’ William J. O’Brien, III, D.O., 

82 FR at 46,529. 

Based on the record before me, I 

conclude that Registrant’s founded 

criminality and lack of state authority to 

handle controlled substances in his state 

of DEA registration each make him 

ineligible to maintain a DEA 

registration. Accordingly, I shall order 

the sanctions the Government 

requested, as contained in the Order 

below. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

824(a), I hereby revoke DEA Certificate 

of Registration No. BB3725732 issued to 

Johnny C. Benjamin, Jr., M.D. Further, 

pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

823(f), I hereby deny any pending 

application of Johnny C. Benjamin, Jr., 

M.D. to renew or modify this 

registration, as well as any other 

pending application of Johnny C. 

Benjamin, Jr., M.D. for additional 

registration in Florida. This Order is 

effective July 19, 2021. 

D. Christopher Evans, 

Acting Administrator. 

[FR Doc. 2021–12753 Filed 6–16–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Tareq A. Khedir Al-Tiae, M.D.; Decision 

and Order 

On February 11, 2021, the Assistant 

Administrator, Diversion Control 

Division, Drug Enforcement 

Administration (hereinafter, 

Government), issued an Order to Show 

Cause (hereinafter, OSC) to Tareq A. 

Khedir Al-Tiae, M.D. (hereinafter, 

Registrant) of Lincoln, NE. OSC at 1. 

The OSC proposed the revocation of 

Registrant’s Certificate of Registration 

No. FK4149882. It alleged that 

Registrant is without ‘‘authority to 

handle controlled substances in the 

State of Nebraska, the state in which 


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