Former Granite Bay physician Nicholas J. Capos Jr. was sentenced last week by a federal judge to 52 months in prison for selling controlled substance prescriptions and will forfeit $90,000 earned from his illicit activities. Capos had already surrendered his medical license in 2016.
In May 2016, Capos pleaded guilty to five counts of illegal distribution and dispensation of oxycodone. In his plea agreement, Capos admitted to intentionally prescribing controlled substances outside of the usual course of medical practice and without legitimate medical purpose. He also admitted that he accepted payments on a per-prescription basis and that he would write prescriptions based on patients’ requests.
The sentence and license surrender were the result of a joint investigation conducted by the Health Quality Investigation Unit – Sacramento Field Office of the California Department of Consumer Affairs’ Division of Investigation (formerly the Sacramento District Office of the Medical Board of California), the California Department of Justice (DOJ), and the U.S. Drug Enforcement Administration (DEA).
The investigation was initiated by the Medical Board in August 2010. In 2012, Medical Board investigators conducted multiple undercover appointments with Capos. That same year, Medical Board investigators teamed up with the DEA and DOJ and served search warrants on Capos’ home in Granite Bay and his businesses in Yuba City and Grass Valley.
The investigation focused on prescriptions written by Capos between 2008 and 2012. Investigators reviewed prescriptions from over 70 pharmacies and numerous patient records. Pharmacy records showed that Capos prescribed 2,640 hydrocodone pills to one patient over a 28-day period. He also prescribed 2,100 oxycodone pills to another patient over a 50-day period.
During the undercover appointments, investigators learned that Capos charged patients a “DEA Fee” of $100 per prescription. The undercover investigator was able to request prescriptions from Capos for Vicodin, Ambien, Percocet, oxycodone, and promethazine with codeine. At one point, Capos warned the undercover investigator to “stay under the radar.”
In 2013, the Medical Board filed an accusation against Capos, alleging 39 instances of gross negligence, prescribing without an appropriate prior examination, excessive prescribing, inaccurate medical records and repeated negligence in his care of 10 patients and an undercover Medical Board investigator.
The Medical Board Accusation can be viewed here.
The United States Attorney’s Office press release can be read here.