Counterfeit pain pills likely came to Prince illegally
MINNEAPOLIS — The disclosure that some pills found at Prince’s Paisley Park home and studio were counterfeit and contained the powerful synthetic opioid fentanyl strongly suggests the pills came to the superstar musician illegally.
But exactly how Prince obtained the drugs is still unknown, four months after he collapsed in an elevator on April 21 and died of an accidental fentanyl overdose. Authorities have so far revealed little about their investigation, saying it’s active and moving forward.
But former prosecutors and defense attorneys who are familiar with drug investigations say it’s likely someone will be prosecuted, whether or not Prince knew he was consuming illegal drugs.
“They will not say it was just Prince’s fault and let it go at that,” said Phil Turner, a former federal prosecutor in Chicago now in private practice.
An official close to the investigation told The Associated Press on Sunday that some of the pills found at Paisley Park were falsely labeled as a common generic painkiller similar to Vicodin, but actually contained fentanyl. The official, who spoke on condition of anonymity because of the ongoing investigation, also said that records show Prince did not have a prescription for any controlled substances in Minnesota in the last 12 months.
The only way to get fentanyl — a synthetic opioid that is 50 times more powerful than heroin — is through a legal prescription, or illegally from the black market, said Joe Tamburino, a Minnesota defense attorney.
“When you have weird stamped pills in aspirin bottles, sometimes things are what they seem, which is illegally obtained controlled substances,” Tamburino said. “How he got them? Who knows.”
Fentanyl has been responsible for a surge in overdose deaths in some parts of the country. When made into counterfeit pills, users don’t always know they’re taking fentanyl, increasing the risk of fatal overdose.
Tamburino, who is not connected to the Prince case, said investigators will likely talk to those close to Prince, and they’ll also search the computers, phones and communications of Prince and his associates, to see whether the pills were purchased online. Those searches would typically involve examining text messages, Instagram messages and other communications.
“This is not to say the people close to him are guilty, we have no idea of that. But that’s where it would start,” Tamburino said. He also added that investigators are probably looking at security footage from Paisley Park, if any exists, to see who might have been going to and from the studio.
Gal Pissetzky, a defense attorney in Chicago, said there are many ways Prince could have obtained the drugs: From a close adviser or friend, from a dealer on one of the stops he made as he was on tour, or over the Internet himself. He added that investigators might also use cellphone data to track Prince’s whereabouts.
If someone gave Prince the drug that killed him, that person could face a third degree murder charge, punishable in the state of Minnesota by more than 12 years in prison, Tamburino said.
In addition, any illegal operation that involved making and dealing fentanyl could open many people up to a host of drug charges, from trafficking to conspiracy. Because the sale resulted in Prince’s death, it would increase the chances that someone could get the maximum sentence of life in prison if convicted, Turner said.
Turner said he believed there was a good chance someone will eventually be charged. Improved forensics tools, including the ability to use narcotics chemical signatures to narrow down possible manufacturers, also increase the chances of arrests.
If China- or Mexico-based producers were involved, American authorities may have to focus on a dealer or doctor in the U.S. who supplied the drugs knowing the substance was illegal, Turner said. But U.S. agents can and do go after suspects based in countries not inclined to closely cooperate with law enforcement here, such as China.
The drugs could also be made by people who are not associated with cartels. Enticed by big profits, small-time drug dealers are buying pill presses online and using low-cost fentanyl powder from China to make fake pills, according to a July 2016 Drug Enforcement Administration intelligence brief.
Dealers unaffiliated with drug cartels can buy a kilogram of fentanyl powder for a few thousand dollars from a Chinese supplier and turn it into hundreds of thousands of counterfeit pills for millions of dollars in profit.
But inexperience has a cost. The small-time operators aren’t mixing fentanyl correctly and turning out pills with varying strengths, some containing three times a lethal dose. “Such wide disparity in dosing reveals that the producers were likely new to incorporating fentanyl in pill production, as the fentanyl was not thoroughly mixed with the other powders before binding and pressing into pills,” the DEA brief said.
Pissetzky said news of the falsely labeled drugs tells him that the pills did not come from a doctor.
“There’s a big, big black market for counterfeit drugs. When people buy these, they don’t personally know, many times, that they are not the real thing, and that’s when you get overdoses,” Pissetzky said.
Gary Vernon Powell
Rock singer Prince sings to a full house on the first of two nights at New York’s Madison Square Garden, Aug. 3, 1986. (AP Photo/Mario Suriani)
Rock singer Prince performs at the Forum in Inglewood, Calif., during his opening show, Feb. 18, 1985. (AP Photo/Liu Heung Shing)
Rock star Prince performs in concert before a sold-out audience at the Summit in Houston, Texas, Thursday, Jan. 11, 1985. This is his first of six shows in Houston. (AP Photo/F. Carter Smith)
** FOR USE WITH AP SPECIAL EDITION MOTHERS/FATHERS DAY ** Musical artist Prince performs in concert in this August 2, 1986 file photo. Prince’s songs relied more on double entendre so risque bits could fly safely over the heads of younger listeners. (AP File Photo/Mario Suriani)
Rock singer Prince points skyward during his performance at the Orange Bowl in Miami, Fla., April 7, 1985. (AP Photo/Phil Sandlin)
Prince performs during the 6th annual BET Awards on Tuesday, June 27, 2006, in Los Angeles. (AP Photo/Chris Carlson)
Prince performs with the New Power Generation at Radio City Music Hall in New York, March 23, 1993. He is touring again after a five year break. (AP Photo/ Paul Hurschmann)
Prince performs during his headlining set on the second day of the Coachella Valley Music and Arts Festival in Indio, Calif., Saturday, April 26, 2008. (AP Photo/Chris Pizzello)
Musician Prince performs on stage with singer Tamar during ABC’s “Good Morning America” summer concert series in New York, Friday, June 16, 2006. (AP Photo/Jeff Christensen)
Singer Prince arrives with his wife Manuela Testolini for the 77th Academy Awards Sunday, Feb. 27, 2005, in Los Angeles. Prince will be a presenter during the Oscars telecast. (AP Photo/Kevork Djansezian)
EDITORS: PARTIAL NUDITY. Musician/singer Prince performs his single “Get Off”, surrounded by half-naked dancers, while clad in a see through yellow suit at the 8th Annual MTV Video Music Awards in Universal City, Calif., Sept. 5, 1991. (AP Photo/Kevork Djansezian)
Singing Star Prince is all smiles as he addresses the audience at the American Music Awards Monday evening, Jan. 27, 1986 in Los Angeles. (AP Photo/Nick Ut)
Singer Prince performs at the American Music Awards in Los Angeles, Jan. 28, 1985. (AP Photo/Doug Pizac)
In this Saturday evening, Aug. 6 2011 photo American singer and songwriter Prince performs on the Isle of Amager in Copenhagen, Denmark. The concert was the first of two and it was interupted by heavy rain. (AP Photo/Polfoto/Jakob Joergensen) DENMARK OUT
Singer Prince performs at the 1985 GrammyÂ’s Award at the Shrine Auditorium in Los Angeles, Feb. 26, 1985. (AP Photo)
In this Saturday evening, Aug. 6 2011 photo American singer and songwriter Prince performs on the Isle of Amager in Copenhagen, Denmark. The concert was the first of two and it was interupted by heavy rain. (AP Photo/Polfoto/Jakob Joergensen) DENMARK OUT
LAS VEGAS, NV – MAY 19: Recording artist Prince performs during the 2013 Billboard Music Awards at the MGM Grand Garden Arena on May 19, 2013 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
The artist formally known as Prince, with the word “Slave” written across his face, belts out a tune from his new CD, “Chaos and Disorder,” outside the studio of NBC-TV’s “Today” show in New York’s Rockefeller Plaza, Tuesday, July 9, 1996. The CD is scheduled for release on Wednesday, July 10. (AP Photo/Richard Drew)
As dozens of singers perform “We Are The World” on the 10th anniversary of the African famine relief anthem, the artist formerly known as Prince, left, stands sucking on a lollipop next to Quincy Jones, at the American Music Awards in Los Angeles, January 30, 1995. ( AP Photo/ Reed Saxon )
U.S. pop singer Prince, left, watches the fourth round match of the French Open tennis tournament between Spain’s Rafael Nadal and Serbia’s Dusan Lajovic at the Roland Garros stadium, in Paris, France, Monday, June 2, 2014. (AP Photo/Michel Spingler)
The artist formerly known as Prince performs with Mayte and other dancers during the VH1 Fashion & Music Awards show in New York Sunday, Dec. 3, 1995. (AP Photo/Adam Nadel)
Boxing great Muhammad Ali, right, pats the head of the Artist Formerly Known as Prince during a meeting in Washington Tuesday, June 24, 1997 prior to a news conference where they were to announce plans for a benefit concert in October. The World Healing Honors will be a grand benefit concert to promote international harmony and tolerance. (AP Photo/Karin Cooper/Rogers & Cowan)
Singer Prince is shown in concert in 1985, (AP Photo)
The artist formerly known as Prince performs at the debut of his new album, “Emancipation”, at his Paisley Park studio in Channhassen, Minn., Tuesday night, Nov. 12, 1996. The concert was broadcast live via satellite and was available on the Internet (AP Photo/Adam M. Bettcher)
FILE – In this Oct. 7, 2009 file photo, U.S singer Prince attends John Galliano’s Spring-Summer 2010 fashion collection, presented in Paris. (AP Photo/Thibault Camus, file)
US singer Prince, seen, before the presentation of Chanel’s spring summer 2010 ready-to-wear fashion collection by German fashion designer Karl Lagerfeld, Tuesday, Oct. 6, 2009, in Paris. (AP Photo/Christophe Ena)
Rock singer Prince performs at the Forum in Inglewood, Calif., during his opening show, Feb. 18, 1985. (AP Photo/Liu Heung Shing)
The Artist, formerly known as Prince, performs at the Festhalle in Frankfurt, Germany, Tuesday night, Dec. 22, 1998, during the first of three concerts in Germany as part of his “New Power Soul” tour. (AP Photo/Bernd Kammerer)
Britain’s Prince Charles talks with The Artist, formerly known as Prince, left, at the “Diamonds are Forever” celebration at Syon House, London Wednesday, June 9, 1999. The celebration was to include the unveiling of a multi-million dollar diamond jewelry collection, the first-ever Versace fashion show in Britain and a live performance by Jon Bon Jovi. The Artist’s wife Mayte is at center. (AP Photo/Dave Hogan/pool)
The artist formerly known as Prince looks to photographers during a photo-opportunity at a news conference announcing his upcoming tour, in New York, July 22, 1997. (AP Photo/Adam Nadel)
Popstar Prince pictured performing to Dutch fans in the Galgenwaard Football Stadium in Utrecht Friday night, June 19, 1987 the first concert of three to be held in the Netherlands, part of Prince’s European Tour. (AP Photo/Barbara Walton)
The Artist, formerly known as Prince, speaks at GQ magazine’s third annual Men of the Year Awards in New York on Wednesday, Oct. 21, 1998. The Artist presented comedian Chris Rock with GQ’s Television Comedy award. (AP Photo/Mitch Jacobson)
Former Sly and the Family Stone bassist Larry Grahm, left, shares the stage with The artist formerly known as Prince, during a suprise appearance at a nightclub on Friday, April 10, 1998, in New York. The Artist was honored with an award for his extraordinary musical achievements at the 1998 Essence Awards celebration in New York. (AP Photo/Suzanne Plunkett)
Rock singer Prince speaks at the American Music Awards,, Jan. 27, 1986 in Los Angeles. (AP Photo/Nick Ut)
Prince presents the award for record of the year at the 55th annual Grammy Awards on Sunday, Feb. 10, 2013, in Los Angeles. (Photo by John Shearer/Invision/AP)
Prince performs during the halftime show at Super Bowl XLI at Dolphin Stadium in Miami, Sunday, Feb. 4, 2007. (AP Photo/Alex Brandon)
Rock singer Prince performs at the Orange Bowl during his Purple Rain tour in Miami, Fla., April 7, 1985. (AP Photo/Phil Sandlin)