Ex-St. Charles pharmacist admits to stealing drugs

The former lead pharmacist for Burger Drugs, a fixture in downtown St. Charles for 70 years, pleaded guilty Friday to possession of methadone, an opiate used to treat heroin addition.

In exchange for the plea, Kane County prosecutors agreed to drop nine other felony charges against Mark L. Burger, 43, of the 1400 block of Melbourne Street, Elburn.

Prosecutors also agreed to seek only two years' probation for the charge of possession of a controlled substance, which carries a sentencing range of probation to a maximum of 15 years in prison.

If he chooses, however, Judge Allen Anderson can send Burger to prison at a sentencing hearing in late January.

“I'm not bound by anything,” Anderson said. “The full range of possible punishments are available to the court.”

Burger's defense attorney Troy Owens said numerous character witnesses are expected to testify on Jan. 28.

Burger and Owens declined to comment outside of court Friday.

First Assistant State's Attorney Jodi Gleason said if the case went to trial, prosecutors would have shown from an audit of Burger's records that 10,348 pills of methadone were unaccounted for between January 2006 and April 2008.

Burger initially was charged late 2008 with acquiring, possessing and delivering controlled substances of methadone and hydrocodone between January 2006 and April 2008.

The Illinois State Police's North Central Narcotics Task Force began investigating Burger after Naperville Crime Stoppers got a tip about a man who said he was buying large quantities of Vicodin, a painkiller, from Burger.

The tipster, according to court documents, told authorities the man had spent as much as $250,000, buying as many as 1,000 pills at a time.

Authorities in April 2008 searched Burger's home near the Blackberry Creek Elementary School and the pharmacy, 9 E. Main St., and seized large quantities of prescriptions drugs and $10,000 cash.

Burger also agreed in June 2008 to have his pharmacy license suspended indefinitely by the Illinois Department of Financial and Professional Regulations because of the investigation. Burger did not deny or admit guilt, but didn't dispute the suspension.

Burger Drugs closed in July 2008 and Burger's father and the pharmacy's owner, Bob Burger, said at the time the closing had nothing to do with the investigation and the family had been trying to find a buyer for the independent pharmacy.

Mark Burger remains free on $10,000 bond.