Charges dropped in case against Reno doctor

RENO -- The federal government has agreed to drop charges against a Reno doctor accused of distributing an unapproved human growth hormone, according to a court order.

The stipulated agreement signed Thursday by U.S. District Judge Howard McKibben said the U.S. Attorney's Office will dismiss the two counts against Dr. James Forsythe once a civil lawsuit is filed in the case.

The U.S. Attorney's Office on Friday called the part of the agreement that would allow for dismissal of the criminal charges inaccurate, despite Assistant U.S. Attorney Brian Sullivan's signature on the document. It also was signed by Forsythe and his lawyer, Kevin Mirch.

"The United States attorney has not agreed to dismiss criminal charges against Dr. Forsythe, nor has any motion to dismiss the indictment been filed by the United States Attorney's Office," Steven Myhre, acting Nevada U.S. attorney, told the Reno Gazette-Journal.

Steve Wark, Forsythe's son-in-law, said the signed agreement clears Forsythe of any wrongdoing.

"It was unfortunate that this investigation was ever initiated," Forsythe said. "Everyone now understands that questioning the use of human growth hormone was terribly misguided, and I am grateful to be vindicated."

Forsythe, 68, was indicted in September after an undercover investigator with the FDA asked the doctor if he could feel young again.

Forsythe gave the investigator a vial of a human growth hormone called Bio-Tropin, a drug that has not been approved for sale or use in the U.S., according to the search warrant affidavit.

He pleaded not guilty and his trial was set for Thursday.

The judge's order on Thursday continues the trial until Oct. 2, but said the government will dismiss the charges after a related civil suit is filed.