Nurse anesthetist pleads guilty to stealing fentanyl from Dubuque hospital

Timothy T. Duax U.S. Attorney - U.S. Attorney for the Northern District of Iowa
Timothy T. Duax U.S. Attorney - U.S. Attorney for the Northern District of Iowa
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A certified nurse anesthetist from Illinois has pleaded guilty in federal court to stealing fentanyl from a Dubuque hospital. Benjamin K. Albert, 53, of Round Lake, Illinois, admitted to three counts of acquiring fentanyl through fraud.

According to the plea agreement, Albert worked at the Dubuque hospital as a certified registered nurse anesthetist between January 13 and January 27, 2022. During that time, he was responsible for administering anesthesia and managing pain for patients undergoing surgery. Over five days of work, Albert administered fentanyl to 18 patients.

Albert admitted that each day he worked, he drew extra fentanyl from the hospital pharmacy under a patient’s name but only gave part of the medication to the patient. He kept the remainder for his own use. The plea agreement notes that several patients charted as having received appropriate doses showed signs of significant pain during their procedures.

Sentencing will be scheduled after a presentence report is completed. Albert remains free pending sentencing. Each count carries a possible maximum sentence of four years in prison, a $250,000 fine, and one year of supervised release following any imprisonment. As part of his sentence, Albert has agreed to surrender his Iowa nursing license.

Assistant United States Attorneys Patrick J. Reinert and Timothy Vavricek are prosecuting the case. The investigation was conducted by the Drug Enforcement Agency and the Investigative Division of the Iowa Department of Inspections and Appeals.

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