Former Falls Church Doctor Tied To Fatal Overdose Sentenced

FALLS CHURCH, VA — A doctor formerly from Falls Church has been sentenced for charges related to prescribing drugs that led to a Fairfax fatal overdose.

Dr. Robert M. Cao, 39, who now lives in Lafayette, Louisiana, was sentenced in DC federal court to 15 months in prison for five felony counts of unlawful distribution of a controlled substance outside the scope of his professional practice. A judge also ordered 36 months of supervised release, 100 hours of community service and that he will not hold a job giving him access to controlled drugs.

Cao had pleaded guilty in November to prescribing various narcotic pain medications leading up to the overdose death.

"People in our country are dying by the thousands from drug overdoses," said U.S. Attorney Matthew M. Graves. "The defendant was better positioned than most people to know the potential consequences of illegal distribution, yet he nevertheless decided to unlawfully prescribe a drug, regardless of the life-threatening consequences."

Cao, who was licensed to practice medicine in DC and Virginia, knowingly wrote at least five oxycodone and hydrocodone prescriptions for a man, according to prosecutors. The prescriptions were written without a physical examination, treatment plan or known medical condition. Oxycodone and hydrocodone are opioid pain medications prosecutors say have potential for abuse.

On May 31, 2021, the man who Cao prescribed the drugs to was found dead in a Fairfax home. The victim's girlfriend found him cold and non-responsive, and he was pronounced dead under suspicious circumstances, authorities said.

An autopsy confirmed the cause of death was acute combined oxycodone and ethanol poisoning. Prescription bottles containing Percocet, a mix of oxycodone and acetaminophen, were found on the nightstand with Cao listed as the prescribing doctor.

Court documents show the man and Cao had text communications, including Cao prescribing pain medications in exchange for the man agreeing to give a kickback of some pills. The texts also indicate meetings between the two, one of which was the night before the man's death so he could give some pills to Cao.

According to prosecutors, Cao attempted to avoid being caught by law enforcement. Cao reportedly told the victim to avoid a paper trail and to fill prescriptions at times they would least likely be questioned by pharmacies. After the victim's overdose death, Cao created fraudulent backdated medical records to make it look like he gave legitimate prescriptions.

The case was investigated by the Fairfax County Police Department and FBI Washington Field Office.

"As demonstrated by this investigation, the risks presented by opioid diversion outside of proper clinical practice are such that even a few illicit prescriptions can prove fatal," said Wayne Jacobs, special agent in charge at the FBI Washington Field Office’s Criminal and Cyber Division. "Along with our partners, we will continue our mission of bringing those who disregard patient safety and well-being by operating such criminal schemes to justice."