IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION. Case No. Class E Felony. Class C Felony

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1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, Case No. v. MICHAEL L. FOSTICH, [DOB: 11/22/1981] Plaintiff, Defendant. COUNT ONE Obtaining a controlled substance by fraud 21 U.S.C. 843(a)(3), (d)(1) NMT 4 Years Imprisonment NMT $250,000 Fine, NMT 1 Year Supervised Release Class E Felony COUNT TWO Tampering with a consumer product 18 U.S.C. 1365(a) NMT 10 Years Imprisonment NMT $250,000 Fine NMT 3 Year Supervised Release Class C Felony $100 Mandatory Special Assessment INDICTMENT THE GRAND JURY CHARGES THAT: At all times relevant to this Indictment: 1. MICHAEL L. FOSTICH was employed at the Kansas City Missouri Fire Department ( KCFD ) as a paramedic beginning in August 2014, continuing through at least December 11, The KCFD employed approximately 350 paramedics during this time. 2. From on or about January 1, 2016 through December 11, 2016, FOSTICH was primarily assigned as a paramedic at Station 18, Medic 5, located at 3211 Indiana Avenue, Kansas City, Missouri. FOSTICH also worked overtime shifts at other duty locations with the KCFD. 3. MICHAEL L. FOSTICH s duties as a KCFD paramedic included maintaining care, custody and control of controlled substances, such as Fentanyl and Morphine, which were in the possession of the KCFD stored in sealed narcotics boxes and locked in a safe on KCFD Case 4:18-cr RK Document 1 Filed 03/27/18 Page 1 of 4

2 ambulances. Each sealed narcotics box was packaged by authorized KCFD personnel with two vials of Fentanyl, each containing 100 micrograms ( mcg ) of liquid Fentanyl, two syringes of Morphine, each containing 10 milligrams ( mg ) of liquid Morphine, and two vials containing 5 mg of liquid Midazolam. 4. Fentanyl is a synthetic opioid narcotic and a Schedule II controlled substance that is used to treat pain. Morphine is an opioid narcotic and a Schedule II controlled substance that is also used to treat pain. Midazolam is a medication primarily used to treat seizures and it is a Schedule IV controlled substance. 5. As a KCFD paramedic MICHAEL L. FOSTICH had access to Fentanyl and Morphine stored in sealed narcotics boxes and locked in a safe on KCFD ambulances with his KCFD employee identification card that allowed him to unlock the electronic safe. As a KCFD paramedic FOSTICH was allowed to open the sealed narcotics boxes in order to administer controlled substances to patients, if necessary. 6. As a KCFD paramedic MICHAEL L. FOSTICH was required to prepare a report titled Patient Care Record ( PCR ) or sometimes referred to as a Run Report for each incident that he responded to a call for service. The PCR prepared by FOSTICH detailed his reported actions taken as a paramedic as well as the actions taken by the responding Emergency Medical Technician ( EMT ) when FOSTICH and the EMT provided services to a patient during the incident. The PCR prepared by FOSTICH further required him to document his use, administration or wasting of Fentanyl and Morphine. 7. As a KCFD paramedic MICHAEL L. FOSTICH was required to report if a vial of Fentanyl or Morphine was not used or administered to a patient, and all or a portion of the remaining substance could no longer be used for another patient. The remaining Fentanyl or Morphine was to be wasted in the presence of another, usually a nurse or other health care provider at the health care facility to which the patient was taken. The process of wasting 2 Case 4:18-cr RK Document 1 Filed 03/27/18 Page 2 of 4

3 either Fentanyl or Morphine required that the contents to be eliminated either by pouring substance down a sink, trash or sharps container. As a paramedic, MICHAEL L. FOSTICH was required to prepare a report and document any Fentanyl or Morphine that he wasted, and he was to obtain the nurse or health care provided signature as a witness to the wasting process. 8. As a KCFD paramedic MICHAEL L. FOSTICH was required to report an inventory of the narcotics boxes when he obtained a replacement narcotics box that had been repackaged with controlled substances by authorized KCFD personnel at ambulance headquarters. This reporting was done on a Missouri Controlled Substance Reporting Form that KCFD used to further track KCFD s inventory of controlled substances. COUNT ONE Obtaining a Controlled Substance by Fraud 9. From approximately January 1, 2016 through December 11, 2016, in the Western District of Missouri, the defendant, MICHAEL L. FOSTICH, knowingly executed a scheme and artifice to acquire and obtain possession of controlled substances, to wit, Fentanyl and Morphine, under the custody and control of the KCFD by misrepresentation, fraud, forgery, deception and subterfuge. 10. As part of the scheme and artifice to obtain possession of Fentanyl and Morphine MICHAEL L. FOSTICH did the following: a. FOSTICH prepared KCFD Patient Care Records that contained misrepresentations regarding his use, administration and wasting of Fentanyl and Morphine. b. FOSTICH prepared KCFD Missouri Controlled Substance Reporting Forms which contained misrepresentations regarding his use, administration and wasting of Fentanyl and Morphine. c. From between on or about January 1, 2016 through December 11, 2016, FOSTICH reported he was responsible for the use, administration or wasting of 806 doses of 3 Case 4:18-cr RK Document 1 Filed 03/27/18 Page 3 of 4

4 Fentanyl, which accounted for approximately 39 percent of all of the KCFD s total reported use, administration and wasting of Fentanyl during that period of time. d. From between on or about January 1, 2016 through December 11, 2016, FOSTICH reported he was responsible for the use, administration or wasting of 636 doses of Morphine, a controlled substance, which accounted for approximately 63 percent of all of the KCFD s total reported use, administration or wasting of Morphine during that period of time. All in violation of Title 21, United States Code, Section 843(a)(3) and (d)(1). COUNT TWO Tampering with a Consumer Product 11. On or about the December 11, 2016, in the Western District of Missouri, the defendant, MICHAEL L. FOSTICH, with reckless disregard for the risk that another person would be placed in danger of death or bodily injury, and under circumstances manifesting extreme indifference to such risk, did tamper with a consumer product that affected interstate and foreign commerce, specifically Fentanyl, and with the labeling of and container for such a product by removing Fentanyl from the vials contained in a KCFD narcotics box and replacing the removed Fentanyl with another solution in the vials, placing the vials back in the narcotics box, attempting to reseal the narcotic box, and then placing the narcotics box back in a safe located on a KCFD ambulance. All in violation of Title 18, United States Code, Section 1365(a). A TRUE BILL. Dated: 3/27/18 /s/ Jennifer L. Kolarik Kansas City, Missouri FOREPERSON OF THE GRAND JURY /s/ Jess Michaelsen Jess Michaelsen Assistant United States Attorney Narcotics & Violent Crimes Unit Western District of Missouri 4 /s/ Jeffrey McCarther Jeffrey McCarther Assistant United States Attorney Narcotics & Violent Crimes Unit Western District of Missouri Case 4:18-cr RK Document 1 Filed 03/27/18 Page 4 of 4

5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI Division of Filing Western Central Southwestern Defendant Information Defendant Name Alias Name Birthdate 11/22/1981 CRIMINAL CASE COVER SHEET Place of Offense St. Joseph Southern Jackson County and elsewhere Michael L. Fostich Matter to be Sealed Secret Indictment Juvenile Related Case Information Superseding Indictment/Information Yes No if yes, original case number New Defendant Yes No Prior Complaint Case Number, if any Prior Target Letter Case Number, if any U.S. Attorney Information AUSA Jess Michaelsen Interpreter Needed Yes Language and/or dialect No Location Status Arrest Date Currently in Federal Custody Currently in State Custody Currently on Bond Writ Required Yes No Warrant Required Yes No U.S.C. Citations Total # of Counts 2 Index Key/Code/Offense Set Level 1 21:843A=CD.F/6801/4 Description of Offense Charged Obtaining a Controlled Substance by Fraud Count(s) 2 18:1365A.F/9400/4 Tampering with a Consumer Product 2 1 Date 3/27/18 Signature of AUSA /s/ Jess Michaelsen Case 4:18-cr RK Document 1-1 Filed 03/27/18 Page 1 of 1