Federal charges await Dr. Gerber?

SANDUSKY — Dr. Gregory Gerber turned down a deal offered by the U.S. Attorney's Office as criminal charges for alleged overprescribing of opioids appear imminent, according to court filings.In 2018, the Office of the U.S. Attorney for Northern Ohio Justin Herdman secured a temporary restraining order in Toledo's U.S. District Court to prevent Gerber from prescribing controlled substances.Gerber and his attorneys — John Gibbons and Robert Friedman — have been involved in civil litigation ever since, but last week, they filed a motion to stay the case until the criminal investigation and prosecution are complete.According to the motion, assistant U.S. attorneys Gene Crawford and Chelsea Rice told Gerber's attorneys they intended to prosecute him for the same conduct alleged in the civil case.It claims they offered Gerber chances to resolve the pending prosecution through a plea agreement that was "take it or leave it." It doesn't offer details on what the proposed agreement was but Gerber refused."The government proposal for the amount of prison time and/or punishment that Dr. Gerber would have to accept by way of an agreed-upon plea agreement is unrealistic in the extreme," the motion states.Gerber's attorneys say the criminal investigation is the basis of the civil case and they've been unable to prepare a defense because it hasn't been disclosed by the government. Judge Jeffrey Helmick granted the motion.If criminal charges are filed it would the second time this year that an area doctor was federally charged after Dr. William Bauer was indicted on more than 200 charges. Bauer said he's innocent and accused the government of misunderstanding pain and addiction.InvestigationThe department has accused Gerber of prescribing opioids without medical cause, feeding patients' addiction, causing thousands of controlled substances to be illegally dispensed and accepting kickbacks to promote a powerful fentanyl medication.The investigation was conducted by the FBI, DEA and the Ohio Board of Pharmacy. At one point, an undercover agent posed as a patient and allegedly received opioids when she wasn't in pain.In August 2018, they raided his Perkins Township office, one of the few pharmacies still filling his prescriptions in Port Clinton, his home and a storage unit. They confiscated documents and materials.Reach reporter Michael Harrington at michaelharrington@sanduskyregister.com, follow the Register at Facebook.com/SanduskyRegisterA screenshot of photo Dr. Gregory Gerber allegedly texted to an undercover agent.