Pharmacist charged with fraud enters surprise guilty plea
By Peggy Revell on March 26, 2018.
A former Co-op pharmacist pled guilty Monday to taking secret commissions to the value of almost three-quarters of a million dollars over a five-year period. As part of a joint submission between Crown and Defence, Robert Stadnyk was sentenced to two years less a day, with his first 18 months to be served as house arrest and the remaining time served under curfew, “One may think a Conditional Sentence Order is not significant,” said Judge Jerry LeGrandeur. “Well it is. Try it.” While Stadnyk’s patients weren’t hurt, his actions were culpable and criminal, said LeGrandeur, adding that the defendant is not a danger to the community, and can contribute back to society to help the community and his family. As well, LeGrandeur said it’s “no insignificant thing” that Stadnyk will carry with him the stigma of the offence. Monday was originally set to be the first day of a multi-day trial for the charge of fraud and theft over $5,000. Instead, 50-year-old Stadnyk entered a guilty plea to the charge of taking secret commissions. According to the agreed statement of facts, Stadnyk was the pharmacist manager of the Medicine Hat Co-op Pharmacy on 13th Avenue and was an agent for the Co-op between Jan. 1, 2010 and Nov. 12, 2015. As is common in the industry, pharmaceutical companies will often provide incentives or gifts to pharmacies that do business with them — but under Co-op policy, incentives received are the property of Medicine Hat Co-op. Over this time period, Stadnyk accepted a total of $734,357.85 in incentives from four different pharmaceutical companies — primarily in the form of gift cards, travel-related expenditures, golf passes and entertainment. The incentives were given for the purpose of continue to purchase and show favour to the companies. The charge of taking secret commissions has a five-year maximum sentence, said the Crown. In this case, aggravating factors included the breach of trust, the total amount taken, and the timespan of five years it took place over. Mitigating factors include the challenge in the Crown’s case when it comes to documentary evidence, and the guilty plea. Stadnyk has no prior criminal record. The court heard that Stadnyk has already been disciplined by the Alberta College of Pharmacists, including a temporary suspension, a $5,000 fine, paying $15,000 for the cost of the investigation, and having to disclose the incident to employers. A CSO doesn’t endanger the community, said the Crown. Stadnyk will also be required to complete 100 hours of community service within the first 18 months. Restitution of $750 per month will be required for the first 21 months, with the remaining amount will be a standing restitution order that the Co-op would have to file a civil claim for. Defence counsel Lyndon Heidinger told the court that the sentence is one that will give Stadnyk the “opportunity to make things right.” Since the charges were laid in Jan. 2017, the accused’s 20-year-old marriage has fallen apart, while his two children in post-secondary education will be impacted, said Heidinger. “By all accounts, (Stadnyk) was an exemplary pharmacist. He was one of the leaders in the field,” said he said, noting that as a pharmacist, Stadnyk brought in new practices to Canada. Stadnyk cared for patients, Heidinger said, and there was never any issue of patients being at risk. People in the field “find him redeemable,” counsel added, noting that Stadnyk has once again found employment as a pharmacist and in this new position is working with people with mental illness, diabetics, and the homeless. This “return to his roots” is something Stadnyk has discovered he is good at, and is satisfying, said Heidinger. Two other former Co-op pharmacists, Kathryn Kaiser and Evan King, were similarly charged with theft and fraud over $5,000. Their trial set for late April. 20-19
