Download as pdf or txt
Download as pdf or txt
You are on page 1of 5

HENDERSON POLICE DEPARTMENT

INTERNAL AFFAIRS BUREAU


DISCREPANCY REPORT
Case Number PC2007-030

1. SUMMARY OF FACTS CONCERNED:


Nevada Division of Investigation (NDI) investigator Matt Alberto notified
Henderson Police Department administration that an employee in Doctor Kaveh’s office,
Michelle Ralph, had leaked to the DEA that scripts were being abused. Through the
course of their investigation, they learned that there may have been steroids that were
illegally prescribed and used by police officers from local agencies in the valley. The
investigation showed that Officer Michael Gillis was on the list.

2. IF SUSTAINED, THE AFOREMENTIONED INICDENT WOULD BE A


VIOLATION OF THE FOLLOWING:

HENDERSON POLICE DEPARTMENT POLICY MANUAL


DM-0102 “Code of Ethics”: Section .01 Code of Ethics-Sworn
DM-0104 “The Police Role”: Section .31 Use of Controlled Substance
DM-0303 “Code of Conduct”: Section .03 Illegal drugs
DM-0320 “Employee Drug/Alcohol Testing or Use”: Section .02 Illegal Drugs or
Controlled Substance

3. INVESTIGATION:

On 09/25/2007, NDI Investigator Matt Alberto came to Henderson Police


Department Internal Affairs unit and met with Acting Lt. Garrett Poinier #694,
Investigator Brett Seekatz #1140 and myself, Investigator Christine Zaporowski #1034,
in reference to the information he had notified HPD Administration about regarding
possible illegal steroid use by Officer Michael Gillis #651 that was discovered during one
of their active investigations involving a Dr. Kaveh with script abuse. NDI had obtained
prescription records that showed several patients being prescribed steroids with no valid
medical use and/or reason. NDI followed protocol by notifying the different law
enforcement agencies administration when they had identified officers from the different
agencies on the lists. At first Investigator Alberto had notified HPD on an information
level only requesting no action be taken by HPD so that their case would not be
jeopardized but later notified Acting Lt. Poinier that we could move forward as our
Department deemed necessary.

On 10/09/2007, Investigator Seekatz and I took Officer Gillis down to Quest


Diagnostics located at 10120 S. Eastern Avenue in Henderson for a probable/show for
cause drug test. Officer Gillis submitted to both a urine and hair drug test which was
submitted under the forensic drug testing custody and control form #42022816 and
specimen ID

PAGE # 1
HPD-76 Revised 5/25/00
HENDERSON POLICE DEPARTMENT
INTERNAL AFFAIRS BUREAU
DISCREPANCY REPORT
Case Number PC2007-030

On 10/24/2007, I received faxed results of the drug testing from Quest


Diagnostics. The results showed Gillis tested positive for an anabolic agent of Boldenone
Metabolite with no levels listed. Among the list of agents that would test positive for an
anabolic agent was Oxymetholone. I then got in contact with the Medical Reviewing
Officer (MRO) Thomas Roben and asked him if he had received the results and had the
opportunity to review the results. He stated that he did. I asked if he could speak to
Gillis reference the results because we were being advised by Gillis that he is being
treated for and that he was prescribed different types of
testosterones and steroid medications in attempt to treat his medical condition. The MRO
was very short and blunt. He stated that he would speak to Gillis but that it did not matter
what Gillis would tell him because a positive test is a positive test. The MRO did get in
contact with Gillis but was also short and closed minded about the situation by refusing
to listen to Gillis’ explanation and proceeded to offer the same statement of a positive is a
positive and he was putting it down as a positive test.

Gillis relayed back to the IA office that he had spoken to the MRO but that the
MRO was closed minded and unwilling to discuss Gillis’ medical condition. Acting Lt.
Poinier then attempted to get in contact with the MRO. After finally establishing contact
with the MRO, Acting Lt. Poinier was told that Gillis had tested positive for an animal
steroid and the MRO was not open for any further discussions on the matter with Acting
Lt. Poinier. Investigator Seekatz and I did some research on the internet reference the
anabolic agent boldenone metabolite where we learned that it can be used and found in
both animals and humans.

On 12/31/2007, I interviewed Officer Gillis about this case. Before we went on tape, I
served him with a Notice of Administrative Investigation which contained the allegations
made against him and the Garrity Warning and had him read them. He stated he
understood both the allegations and the Garrity warning and did not have any questions
regarding them. He also did not have any representation with him. I asked him if he
wished to call somebody or have representation, but he waived that right and wished to
continue with the interview. Also present for the interview was Investigator Brett
Seekatz.

I explained to Gillis that this was a touchy situation as far as the American
Medical Act is considered and that the Department was looking into strictly if he was
involved with illegal steroid use and he stated that he understood and would continue
talking with us.

Gillis stated that he is dealing with an and is and has


been being treated by medical doctors. The condition started approximately 4 years.
Gillis advised that he was under the care of Dr. Hogan at the Hogan Clinic for this
condition. Gillis underwent all types of testing where it was determined that he had a low
testosterone level which could be causing his . He then began receiving

PAGE # 2
HPD-76 Revised 5/25/00
HENDERSON POLICE DEPARTMENT
INTERNAL AFFAIRS BUREAU
DISCREPANCY REPORT
Case Number PC2007-030

treatment for the condition. Dr. Hogan prescribed him testin a topical gel and an
injectible plain labeled testosterone. Dr. Hogan’s clinic began becoming extremely busy
and it was difficult for him to get follow up appointments in a timely manner. Dr Hogan
suggested that he go to Dr. Garcia. Dr. Garcia also looked at his blood levels and
concurred that he had low testosterone level and began treating him for He
received a prescription for Oxymetholone and began taking the course of medication. Dr.
Garcia later refers Gillis to Dr. Kian Kaveh for his condition. While he was being treated
by Dr. Kaveh, he learned that Kaveh was going through some tough times possibly
involving cocaine use. Gillis then began going to Dr. Petruso. Dr Petruso did a complete
medical work up and testing on Gillis and determined that he does in fact have low
testosterone levels and that there was a possibility that he may have a pituitary problem.
Gillis is scheduled for additional testing for the pituitary issue to check for possible
tumors. Dr Petruso is also continuing to treat Gillis for his .

Gillis had a valid prescription for an anabolic steroid which could explain the
positive test result. Gillis had also notified his previous (Captain Robert Wamsley #342)
and present (Lieutenant Robert McCorkle #687) supervisor that he was on prescribed
medication for his condition. Investigator Seekatz and I spoke to both supervisors where
they confirmed that they were aware and notified by Gillis about his prescription usage.
Gillis also provided us copies of his medical records which document and show he is
being treated and had valid prescriptions. The copies are attached to this IAPro
report.

Due to lack of cooperation with the first MRO, I was unable to establish if the
positive test result could be explained by the prescription medication treatment for Gillis’
condition.

On 01/30/2008, a second MRO, Dr. Victor Klauser, was contacted and asked to
review the drug test results. On 01/31/2008, Dr. Klauser got in contact with me and
advised that the results were positive for anabolic steroids. Dr. Klauser reviewed the
prescription provided by Gillis versus the positive test result and advised that the two did
not match up. Dr. Klauser believed that the prescription written to Gillis was not what
was really provided to Gillis. Dr. Klauser advised that the anabolic steroid that Gillis
tested positive for is not used in the normal medical standards protocol . Dr.
Klauser faxed over his positive findings and the report is attached to IAPro.

Conclusion:

On 09/25/2007, Nevada Division of Investigation (NDI) investigator Matt Alberto


notified Henderson Police Department administration that an employee in Doctor
Kaveh’s office, Michelle Ralph, had leaked to the DEA that scripts were being abused.
Through the course of their investigation, they learned that there may have been illegal

PAGE # 3
HPD-76 Revised 5/25/00
HENDERSON POLICE DEPARTMENT
INTERNAL AFFAIRS BUREAU
DISCREPANCY REPORT
Case Number PC2007-030

steroids that were being prescribed and used by police officers from local agencies in the
valley. The investigation showed that Officer Michael Gillis was on the list that NDI had
compiled of potential illegal steroid usage. NDI asked our Department to hold off with
our investigation so that we would not jeopardize their case. A few weeks later, NDI
recalled and advised that we could proceed with our investigation.

Gillis was drug tested for cause on 10/09/2007 where the results came back with a
positive test for anabolic agents. Gillis was brought in for an interview and did not deny
taking steroid medication but explained that it was prescribed for his medical condition of
and that he was under a doctor’s care for the condition. Acting Lt. Poinier, Gillis and
I all tried talking to MRO Roben but he refused to discuss the issue and told each one of
us that a positive test was a positive test and that it was the end of the discussion. MRO
Roben further told Acting Lt. Poinier that it was strictly an animal steroid and not used by
humans. I checked various medical websites on the internet and learned that the anabolic
agent was used in both animals and humans. In both animals and humans it can be used
for building muscle mass but for various different medical purposes in humans including
conditions like anemia and assisting in increasing red blood cells for better blood
circulation. The second MRO, Klauser, confirmed that it was a positive test result for an
anabolic steroid. Dr. Klauser further advised that the anabolic steroid that Gillis tested
positive for is not used in the normal medical standards protocol

Gillis followed policy by notifying past and present supervisors that he was taking
prescription medications that had the potential to impair his job performance. Gillis has
medical paperwork and valid prescriptions to show that he is under a doctor’s care for a
medical condition.

4. REPORTING INTERNAL AFFAIRS INVESTIGATOR: Officer Christine


Zaporowski #1034

TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL ENTRIES MADE


HEREIN ARE TRUE AND IMPARTIAL

Signed:
(DATE) Reporting Sergeant

5. DIVISION COMMANDER/ADMINISTRATOR:
Discipline Recommended
No Discipline Recommended

Signed:
(DATE) Division Commander/Administrator

PAGE # 4
HPD-76 Revised 5/25/00
HENDERSON POLICE DEPARTMENT
INTERNAL AFFAIRS BUREAU
DISCREPANCY REPORT
Case Number PC2007-030

6. COMMENTS OF REVIEWING AUTHORITY:


Discipline Recommended
No Discipline Recommended
Addendum Attached

Signed:
(DATE) Reviewing Authority

7. COMMENTS AND RECOMMENDATIONS:

8. CHIEF OF POLICE:

Reviewed: Set Pre-Disciplinary Hearing:


(DATE) Chief of Police

No Discipline
Verbal Reprimand
Written Reprimand
Other Recommended Discipline:

Signed:
(DATE) Chief of Police

PAGE # 5
HPD-76 Revised 5/25/00

You might also like