Seven months after the federal government indicted Celina’s Dr. Kevin Shelton for distributing controlled substances, court documents reveal that he has parted ways with federal law specialist Nick Oberheiden because of an “irreparable breakdown of the relationship ” after Shelton decided he didn’t want to take a plea bargain to which he had previously agreed.
The government indictment accuses Shelton and eight others of federal drug distribution violations that include possession with and conspiracy to possess with intent to manufacture and distribute controlled substances and conspiracy to commit money laundering.
Shelton ran Elite Wellness and Anti-Aging in Celina with his wife Stephanie, a nurse practitioner who is also a defendant in the case. The clinic focused on Botox injections, supplements, weight loss, and other services.
The sealed indictment is light on details but alleges that beginning in 2016, the defendants conspired to launder money and distribute Hydrocodone, Oxandrolone, Nandrolone, Phentermine, Alprazolam, Diazepam, Testosterone, Tramadol, Adderall, and Dextroamphetamine. If convicted, the defendants each face up to 20 years in prison and will be forced to forfeit any property obtained through the illegal activity. According to the indictment, Shelton also faces up to a $1 million fine.
A Disciplinary History With TMB
In addition to the present legal case, Shelton has a disciplinary history with the Texas Medical Board dating back to 2013.
His most recent board discipline in December 2022 occurred because the board said he prescribed controlled substances to patients with a history of opioid addiction, advertised hormone replacement therapy to healthy individuals to enhance their appearance, and failed to keep adequate records.
The board documents allege that Shelton prescribed Xanax and Valium without a medical need and failed to monitor for side effects and substance abuse despite warnings from other physicians and family members that the patients were abusing the medications. The board also alleged that he failed to meet the standard of care in prescribing anabolic steroids to ten patients and put the patients and the public at risk by advertising on his website that the treatment improves performance and aging.
The order required that he update his Drug Enforcement Association registration certificate to eliminate Schedule II drugs and that he couldn’t re-register without board approval. Several of the medications listed in Shelton’s indictment were also Schedule II narcotics. The order also mandated that he have his practice monitored by a physician for 12 cycles, take a record-keeping and prescribing course, pass a jurisprudence exam, and more. The complaint was dismissed by the State Office of Administrative Hearings in 2023.
Shelton has four disciplinary orders in total, including some for failing to meet the requirements of previous orders. He received a similar punishment in 2016 for failing to document adequate patient assessments and discussing the risks and outcomes of treatment. His first discipline in 2013 was for failing to do a proper workup on a patient before treatment and failing to keep adequate records.
Shelton’s Texas Medical Board record also says that a plaintiff filed a suit against him for allegedly misdiagnosing the plaintiff’s wife after a fall and head injury that led to her death.
Oberheiden’s Withdrawal
Shelton had obtained representation from Nick Oberheiden, a German lawyer who specializes in federal cases who D CEO magazine profiled earlier this year. With a practice that spanned the globe, Oberheiden represents those accused of federal crimes ranging from healthcare fraud to espionage.
But earlier this month, Oberheiden requested to remove himself and his colleague Ellen Comley as counsel because the lawyers say Shelton breached his agreement with them to agree to counsel’s advice, “making the representation ethically impossible,” court documents say.
According to the documents, Shelton had agreed to plead guilty to a negotiated plea agreement in August to conspiracy to possess with intent to manufacture and distribute controlled substances. Oberheiden’s motion from September 13 says that before the government could execute the agreement, Shelton decided he wanted to forego that agreement, get new counsel, and let a trial determine his fate. Oberheiden’s motion says the service agreement with his firm is limited to a plea resolution and was granted earlier this month.
D CEO Healthcare reached out to Shelton for comment on his plan or to speak about the case but hasn’t yet received a reply. Court records do not indicate that he has found new representation, but Oberheiden’s motion says Shelton wants to join codefendants in their efforts to continue fighting the accusations.
“We wish Mr Shelton the best of luck and hope that his new strategy puts him on a better path than the one we positioned him for during our representation,” Oberheiden wrote when asked for comment.
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