NORMAN J. CLEMENT RPH., DDS.,
WITH CONTRIBUTION FROM
JACK FOLSON RPH, WALTER R. CLEMENT MS., MBA., RICARDO FERTIL PHARMD, NORMAN L.CLEMENT PHARM-TECH, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., BERES E. MUSCHETT, BS., STRATEGIC ADVISOR
CHINESE DISSIDENT: ARTIST AL WEIWEI
“I cannot live in fear, we must live by the law,”
THE MANIFESTO OF THE NORTH STAR PROJECT
When you see THROUGHOUT LIFE most of your friends, colleagues, and classmates who are of degree being defiled, sanctioned, terminated, harassed, arrested, jailed, and imprisoned for the most minuscule violation of a regulation, or for just doing what they’ve been trained to do
Then at some point, you are compelled to ask yourself when
ENOUGH IS ENOUGH.
At some point in your life, you have to say and proclaim enough is enough and what are you going to do about it.
Then we must stand and fight as soldiers together or die like mice.
ENOUGH IS ENOUGH.
To me, that idea that some United States Attorney is going to tell me pharmaceutical compounding is manufacturing makes it’s worth the fight.
WE ARE NOT POWERLESS AND THROUGH OUR VIDEOS, WRITINGS, AND PHOTOGRAPHS WE WILL EXPOSE THE ABUSES AND TYRANNY OF UNITED STATES DRUG ENFORCEMENT AGENCY TO THE UNITED STATES HOUSE COMMITTEE ON THE JUDICIARY, UNITES STATES HOUSE OVERSIGHT ON OVERSIGHT SUBCOMMITTEE ON GOVERNMENT OPERATIONS AND UNITED STATES SENATE COMMITTEE ON THE JUDICIARY TO DEFUND AND DISBAND THIS AGENCY OF GOVERNMENT.
ENOUGH IS ENOUGH.
WARNING: THIS PRESENTATION CONTAINS DISTURBING MUST SEE VIDEOS WHICH SUPPORTS THE NARRATIVE OF THIS ARTICLE
The year is 1959, the great trumpeter Miles Davis, stepped outside of the Bird Land Theater in New York City, where he was top billing, to smoke a cigarette. Then a rookie cop walking the beat approached him and said, “You can’t stand there, move along.” Miles stated, “I’ve done nothing wrong. I’m not going anywhere..my name is on the Marquee…” A tussle ensued. Miles was struck over the head with a billy club by a drunk New York City detective and arrested. The great writer and Chairperson of Institute for Research in African-American Studies (IRAAS), Columbia, University, Dr. Farah Griffin, so eloquently put it, “No matter how much you have accomplished or what you have achieved, the system of racism in America will remind you what you are.” iii ( ft note PBS miles) The great trumpeter Dizzy Gillespie was asked in 1984 to access the incident of Miles Davis, he stated “no matter how big you get racism will appear like a dragon with steam rolling out its nose.
The year is 2020, in the 21st Century, 60 years removed from 1959. As a highly trained Medical Practitioner (Physician, Dentist, Pharmacist), your reputation means everything, especially when individuals are of an international cultural background; they are further held in high esteem by their entire village, family name, and their nation of birth. We are role models, having aspired against great odds and barriers, achieving a degree marking great success and accomplishments. Thus when the United States Drug Enforcement Agency (DEA) targets any healthcare practice, particularly those owned by African Americans and people of color, the public through media perceptions, is programmed to believe one to be is guilty.
AS A BLACK PHARMACIES OWNER WE ARE LOW HANGING FRUIT
We are, but role models and low hanging fruit who are praised and paraded before our congregations of elementary and high school children and churches but trained to remain silent and to have no opinion, offer no ideas or input, go along just to get along. yet remain both invisible, and silent.
Your professional colleagues and organizations become non-engaged, intimated by your presence, and failing, to bring light on the sheer incompetence and lawlessness of these DEA Diversion Investigators.
Like any Black Person we are but invisible men/women and are Black medical practitioners who possess the education, knowledge, achievements, and loyalty to address the needs of people> That makes us dangerous and viewed with disdain stain from those whose goals are to restrict our wisdom. We are but low hanging fruit for the DEA, Your professional license, for what it is worth, as a physician, dentist, or pharmacist, is now that of a common drug street dealer.
(A POWERFUL VIDEO(SEE VIDEO TARGETING OF LOW HANGING FRUIT, CALL AL SHARPTON)
You are but low hanging fruit. Don’t bring attention to yourself, you know how it is. Invisible, filtered. And like any people to protect what’s left of your reputation, most would rather fold than fight. Like their black counterparts, it’s better to remain silent, and do as you’re told. But to this group, their attitudes are reflective of Frederick Douglas’ speech of 1857:
“Let me give you a word of the philosophy of reform. The whole history of the progress of human liberty shows that all concessions yet made to her august claims have been born of earnest struggle. The conflict has been exciting, agitating, all-absorbing, and for the time being, putting all other tumults to silence. It must do this or it does nothing. If there is no struggle there is no progress. Those who profess to favor freedom and yet deprecate agitation are men who want crops without plowing up the ground; they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters.”
Pronto Pharmacy LLC, At Cost Pharmacy of Fort Myers, Fl, Gulf Med Pharmacy of Cape Coral, Florida, Oak Hill Pharmacy of Oak Hill, West Virginia to this date have neither violated nor broken any laws. All control medications in theses Pharmacies have been dispensed according to CSA guidelines, and all prescriptions filled by these pharmacies were legally written by licensed medical/dental practitioners. Most interesting, all the black pharmacist had never encountered anything within the criminal justice law enforcement system until after they got their degrees and opened up their businesses.
dale sisco esq; attorney for Pronto Pharmacy
“….Norman – I have reviewed the new DOH complaint. One of the individuals present, Amie Hickerson, is the new Diversion Group Supervisor in the Tampa DEA Office. She replaced Roberta Goralczyk. Her participation in this inspection is particularly troubling because the DEA is cracking down on compounding pharmacies. Two important aspects of the distinction between “dispensing” and “manufacturing” are that retail pharmacies are permitted to….”
Yet it is clear that the DEA agents were operating in absence from the law whereby Richard Albert, testified on January 28, 2020, in a DEA Federal Court Hearing that he did not “Know or understand the law(s) or how any law apply to the practice of Pharmacy.” There is no evidence that any medication was being diverted.
According to Leo Beletsky and Jeremy Goulka September 2018 article, “The Federal Agency That Fuels the Opioid Crisis,” in the New York Times:(1)
“The Drug Enforcement Administration, the agency that most directly oversees access to opioids, deserves much of the blame for these deaths. Because of its incompetence, the opioid crisis has gone from bad to worse. The solution: overhauling the agency, or even getting rid of it entirely.” (see link below)
DEA Diversion Investigator Richard James Albert so entered the premises of Pronto Pharmacy LLC., based on an assumption that lead Pharmacist Norman J Clement, his family and those employed were illegally manufacturing Oxycodone and Hydromorphone based on suspicion and dispensing high doses of illegally controled prescriptions.
All medications, controlled and non-control, have been properly prescribed by a licensed physician, for treatment of a disease state, supported by radiographs, physical examination, and treatment plan, all part of the patient’s medical/dental records. DI Albert, purposely withheld relevant facts by eviscerating the patient-practitioner relationship, by using Google Maps to track distance traveled by theses patients to have their prescriptions filled, and the patients paying in cash. This is negligence. His handlers have taught him well. Jack Folson Pharmacist Expert writes:
“Currently, the DEA has no statistical guidelines or law to support or establish boundary levels, which are indicative of criminal acts when filling any Control prescription written for patients by a physician who has performed a thorough physical examination, diagnoses supported by medical/dental radiographs and treatment plan. The DEA guidelines are tactic acts that specifically target African American pharmacists.”
THE DEA AND THE MIS-EDUCATION OF THE PUBLIC
The DEA, its with cleverness has redefined Narcotic Analgesic Medications(NAM) into the word Opioids. Neither are accepted are for recreational or experimentation use. There are dangers associated with Narcotic Analgesic Medication(NAM) for the treatment of pain, as with any medication used therapeutically. As a pharmacist, we learn all medications are dangerous, every last one them. Importantly, all medications taken for the treatment of any disease conditions in order to sustain life will result in dependency (addiction) and when taken beyond their therapeutic dose will cause harm and possibly death.
“As Black practitioners I early found myself treating disease pathology and the pathology of oppression”…norm rph.,dds.
NAM’s are a very important class of medications for the control and treatment of pain. Most importantly, when NAM’s are selected for the use of pain, they may and will cause dependency. Further, unless in the case of anaphylaxis (allergic) reaction, there are very few recordings of death from this class of medications when NAMs are properly prescribed, monitored, and given at a therapeutic dose level. Perhaps it is if death that the DEA has been looking then chemotherapy should be their focus when asking how many people die each day when given a therapeutic dose of chemotherapy.
PHARMACY COMPOUNDING WHILE BLACK!!!
The DEA investigation was an act of brazen misconduct against a licensed retail pharmacy that is licensed by law to compound medications. These cases are not only about bad science but bad law and poor training. Diversion Investigator Richard Albert prepared a warrant that was “opinion based on a red flag,” that Pronto Pharmacy engaged in manufacturing-controlled substances. This is an assumption that a crime was committed within the Pronto Pharmacy, wherein a licensed pharmaceutical company by law, that can compound medication. Diversion Investigator wrote,
ILLEGAL MANUFACTURING :
Between January 2018 and May 2019, the Respondent was engaged in manufacturing controlled substances, as that term is defined in the CSA, without a separate DEA registration authorizing it to manufacture controlled substances, in violation of 21 U.S.C. § 841(a)(1) and 21 C.F.R. § 1301.13(e). ALJ Ex. 1, ¶ 20-28.
“In addition, the Government previewed that its evidence will show that the Respondent unlawfully manufactured controlled substances, specifically oxycodone and hydromorphone, without a manufacturer’s registration.”
To support this allegation, the Government intended to show that in May 2012 the Respondent’s owner, Mr. Norman J. Clement, Sr., told DEA investigators that he compounded oxycodone and hydromorphone because it was cheaper than obtaining them from distributors.
THE MANUFACTURING OF OXYCODONE
Pronto Pharmacy does not manufacture Oxycodone nor Hydromorphone, which is a far more complex process. Pronto would have to:
- Acquire large tons of harvested opium paste from Tasmania, India, or Afghanistan, transporting these volumes to Tampa, Fl., for processing.
- Process the opium paste, large volumes of agents, reagents, equipment, and space would be needed, notwithstanding the fact that to bring the product Oxycodone and Hydromorphone to a pharmaceutical-grade that meets FDA purity standards.
- The water bill and electrical bill at Pronto Pharmacy would be enormous.
The manufacturing of Oxycodone into a bulk product is an extremely complex procedure and would involve: (see google scholar manufacture Oxycodone footnote 4)
Oxycodone is manufactured in high yields and with high purity using codeine or salt of codeine as the starting material. The manufacturing process involves the following steps:
- (a) codeine or a codeine salt (e.g., codeine phosphate) is converted into the intermediate N-carboalkoxy- or N-carboaryloxynorcodeine,
- (b) the intermediate N-carboalkoxy- or N-carboaryloxynorcodeine resulting from step (a) is oxidized to yield the intermediate N-carboalkoxy- or N-carboaryloxynorcodeinone;
- (c) the intermediate N-carboalkoxy- or N-carboaryloxynorcodeinone resulting from step (b) is enolized with a base and the resultant enolate is thereafter methylated to yield the intermediate N-carboalkoxy- or N-carboaryloxynorthebaine;
- (d) the intermediate N-carboalkoxy- or N-carboaryloxynorthebaine resulting from step (c) is reduce to yield thebaine;
- (e) the thebaine resulting from step (d) is oxidized to yield the intermediate 14-hydroxycodeinone; and
- (f) the intermediate 14-hydroxycodeinone resulting from step (e) is hydrogenated to yield oxycodone.
THERE WAS NOT ONE SINGLE CAPSULE EVER MANUFACTURED AT PRONTO PHARMACY
1. There is not one piece of equipment that the DEA seized from Pronto that was used in manufacturing. All equipment taken was for compounding
2. All medications compounded was purchase from two wholesalers (Fagron and B&B)
3. There is not a single controlled substance compounded for encapsulation at Pronto Pharmacy which was manufactured at the pharmacy or by a Pronto pharmacist and/or their technicians.
Here are the containers. ( see below)
4. The containers of powders were obtained from B&B Pharmaceutical and were recorded into the CSOS system which reported back to the DEA and wholesalers. Therefore, Richard James Albert should have known this but chose to falsify his warrant in order to put Pronto out of business and its owners in prison.
DEA MOVING THE GOAL POST BACKWARD AND FORWARD AND SETTING QUOTAS
We see this early in the case of Pronto Pharmacy when Diversion Investigator Richard James Albert (DI Albert) came upon compounding, and when he could not repeatedly find anything wrong with the pharmacy’s records His handlers instructed him to redefine this long-standing pharmaceutical methodology as manufacturing.
It is more than clear that the DEA Diversion Investigators were operating in absent the law based on mis-facts, lies, distortions. DEA has learned well. When there is no evidence of wrongdoing, DI Richard James Albert’s handlers cleverly instructed him to redefine the meaning of pharmaceutical procedures to accomplish their goals. The Diversion Investigator’s charges and findings were easily scientifically debunked.
It became clear from his court testimony he did not understand compounding or its procedures. But likely learned from his handlers like Amy Hickerson, who was guiding him on how to divert both meanings to convince a Federal Administrative Judge to secure a warrant to shut Pronto Pharmacy LLC down. Additionally, he testified that he did not “know or understand the law(s) or how any law applies to the practice of Pharmacy. Florida Statue 499.1.2 states the wholesaler must assess the purchases of control medication by an individual pharmacy. (SEE BELOW VIDEO MICHAEL JACKSON RPH, CEO FLORIDA PHARMACIST ASSOCIATION CE PROGRAM WITH THE FLORIDA A&M UNIVERSITY PHARMACIST ALUMNI JUNE 2017, NEW ORLEANS, LA)
DEA, supported by its unique unconstitutional court systems permits the agency to operate as rogues in the spirit of impunity in the violation of patients’ rights to privacy and treatment by imposing upon a licensed Pharmacist to conduct criminal background checks. DEA agents can get away with this because they have the power to remove Control Substance Registration, open an investigation, or frequent your business until they get the pharmacist to do what they want. This practice is known by the DEA Agents as Skull Fucking, which amounts to abuse and all DEA supervisors are well aware and encourage these practices. (SEE BELOW VIDEO MICHAEL JACKSON RPH, CEO FLORIDA PHARMACIST ASSOCIATION CE PROGRAM WITH THE FLORIDA A&M UNIVERSITY PHARMACIST ALUMNI JUNE 2017, NEW ORLEANS, LA, ON CRIMINAL BACKGROUND CHECKS)
THE PAINFUL DISCUSSION OF BEING UNDERESTIMATED, UNDERVALUED AND MARGINALIZED
Let it be clear the poor training and limited comprehension, lack of understanding of pharmaceutical science, pharmacy law, and pharmacy protocols of DI Richard James Albert are deliberate, yet essential, and purposefully crafted by his handlers to perform his mission. Richard James Albert does not perform without their command. His handlers know they can prevail with him in spight of their dismissiveness toward medical science and protocols. DI Albert could never be used successfully against a large Chain Drug Store or a Jewish, or White-owned pharmacy because the quality of his knowledge and training would quickly be exposed in a legal proceeding.
However, DI Richard James Albert can prevail against a Black-owned Pharmacy despite any facts or laws we present because the built-in institution of racial injustice, particularly within the Judicial System or in the field of medical science, sports, politics or the military, will default to all knowledgeable, educated Black persons as arrogant and uppity. We see this in our history, particularly in the United States, when one is right and dares to challenges the morae within the system.
Arrogance is rate-limiting, defined all by a preconceived standard of what we are expected to know and further based on a preconceived level of knowledge, expectation, and skill of what one should have obtained. This is likely an eighth-grade education. Anything beyond that becomes suspicious, surprise, unearned, and requires further examination of one’s credentials, instead of being well versed, you are detested. Arrogance stops one in their tracks to be undervalued, underestimated, and marginalized. (7) This is a reality that all Black professionals face, especially those who are licensed in any profession, which we only quietly discuss this among ourselves.
YET, THE PEOPLE AREN’T AS STUPID AS THE DEA THINKS WE ARE!
The authors of this article have learned one thing:
” in America, you either stand for something or nothing at all.”
If standing against DEA’s abuses by redefining medical science procedures, their lies, and deceptions perpetrated by this Federal Institution (DEA), then we are one more set of uppity arrogant Black N-Word SOB’s the DEA, DOJ or anyone else just don’t have to like.
Because we stand and rise against to oppose this system of injustice, which treats licensed Black pharmacists as common drug dealers, we will put an end to the United States Drug Enforcement as an agency of Government, through Congressional Oversight and wisdom and put an end automatically defining degree people of color as arrogant. We have learned from our ancestors, “just to sit still would be a sin:”
“There is no human activity you can ever perform that will ever lift the shroud of this racial constructs in this system the restraint is the color of your skin”
DEA FUELING THE DRUG CRISIS
However, it is well understood by a law professor, and medical practitioners that the DEA is incompetent and its actions have fueled the drug crisis.(2) According to Nabarun Dasgupta, Ph.D., MPH, Leo Beletsky, Jd, MPH and Daniel Ciccarone, MD, MPH, in February 2018 article OPIOID CRISIS: No easy Fix to Its Social and Economic Determinants;(2)
” The accepted wisdom about the US opioid crisis singles out opioid analgesics as causative agents of harm, with physicians as unwitting conduits and pharmaceutical companies as selfish promoters.1 Although invaluable for infection control, this vector model2 of drug-related harm ignores root causes. Eroding economic opportunity, evolving approaches to pain treatment,1,3 and limited drug treatment have fueled spikes in problematic substance use, of which opioid overdose is the most visible manifestation.”
” By ignoring the underlying drivers of drug consumption, current interventions are aggravating its trajectory. The structural and social determinants of health framework is widely understood to be critical in responding to public health challenges. Until we adopt this framework, we will continue to fail in our efforts to turn the tide of the opioid crisis.”
EXCLUDING PHYSICIAN- PATIENT RELATIONSHIP
The operations and activities of performance displayed by the DEA Diversion Investigators show the inadequacy of training and contempt for the African American Pharmacy business. Both the DEA agents and the Directors of the DEA Regional Offices lack understanding in the scientific methodologies of pharmacology adequately to enforce rules and regulations by excluding the physician’s relationship to their patients.
The DEA told a non-black owner of a pharmacy, it would cost them millions to shut down a doctor, so it is easier to shut down a pharmacy. Therefore, Black-owned pharmacies like At Cost Pharmacy, Ft. Meyers, Fl., Gulf Med Pharmacy, Cape Coral, Fl. et al. become easier enforcement targets, which allows the DEA to justify their existence.
Leo Beletsky and Jeremy Goulka reported in September 2018 article, “The Federal Agency That Fuels the Opioid Crisis,” in the New York Times:(1)
“The agency’s enforcement strategies, and the support it has lent to local and state police departments, have also fueled abusive police tactics including dangerous no-knock-raids and ethnic profiling of drivers. It has eroded civil liberties through the expansion of warrantless surveillance and overseen arbitrary seizures of billions of dollars of private property without any clear connection to drug-related crimes. These actions have disproportionately targeted people of color, contributing to disparities in mass incarceration, confiscated property, and collective trauma. “
The Diversion Investigators merely rely upon unquantified suspicions. Assuming arguendo, the behaviors characterized as red flags by the DEA are indicators of criminal conduct for some and yet do not prove the substantial likelihood of “imminent harm to public health and safety” required by the statute.
The Drug Enforcement Agency (DEA) are determined to criminalize legal practices of the Pharmacist, physicians, and their patients and specifically Pharmacies owned by ethnic people of color. Hundreds of people, physicians, dentists, nurses, pharmacists sit in prison today because of DEA’s massive targetting. Like Musician Miles Davis standing outside The Bird Land Theater,1959 in New York City, we must resist being defiled. (1)(2)(8)
THE ECONOMICS OF MEDICAL RED LINING
One cannot ignore race or the factors of race in the decision-making process or ignore the economic injuries when Black doctors (physicians and dentists) are reimbursed by third-party insurance payors differently based solely on zip code. This is precisely why an increasing number of medical/dental/pharmacy providers are electing to do business solely in cash, credit cards, or debits to ensure their healthcare practice economic stability.
BEING BLACK BY ZIP CODE
Physicians, dentists, pharmacists who are black owners and display their shingle in certain zip codes are further humiliated and challenged by third-party payors to justify their diagnoses and treatment plans. These practitioners are likely to be reimbursed slower and at lower payment rates based solely on zip code which further undermines the practice of medicine/dentistry/pharmacy service in their communities. They are more likely to be audited, sanctioned by third-party payors, and reviewed by State and Federal licensing authorities.
WHEN THOSE WHO ARE BLACK AND CARE FOR THOSE WHO ARE BLACK ARE TARGETED, WHO DO YOU EXPECT TO LOSE ??
Translating into a broader sense for the everyday community, for every $10 a white person makes, black folk get $1 and this includes your black professionals of any medical/dental/ pharmacy filed who dare to complain too loudly risk being sanctioned. This type of institutional disparity ensures that generational wealth will never be passed along within any black community. SEE THE VIDEO SANCTION BY ZIP CODE MEDICAL RED LINING
Diversion Investigator Richard James AlBert AND HIS HANDLERS
So, when Diversion Investigator Richard James Alpert, in May of 2019 returned to Pronto Pharmacy for his 5th visit, make no mistake, his actions as directed by his handlers, Susan Langston, DEA Divisional Director State of Florida located in Miami, Florida Aimee Hickerson Diversion Supervisor, Florida assigned to Pharmacies, John Beerbower Esq., United States Attorney for the DEA. was laser-targeted on finally disrupting, dismantling and destroying the business of Pronto Pharmacy LLC. In a similar manner as Superior Pharmacy of Tampa, Florida, or in West Virginia, Oak Hill Home Town Pharmacy, Oak Hill, WV.
It should noted, Richard James Albert is a black man who is a functionary of the Drug Enforcement Agency, and moves solely at the direction of the handlers. Albert, whose full mission has been disguised in his hue thus removes any inference by DOJ and DEA history of racial injustice and profiling. (3)
“THUS BEGINS THE MISSION OF THE FILTERED negroe (s)“
EXPOSING THE CORRUPTION OF THE UNITED STATES DRUG ENFORCEMENT AGENCY AND ITS COURT SYSTEM THE NEED TO HAVE THEM DEFUNDED AND DISBAND BY CONGRESS OF UNITED STATES
The Drug Enforcement Agency (DEA) and prosecutors have been successful in their court proceedings with their counter spin “pill mills.” While it never dawns upon the juries or the public that a pill is a unique dosage form in pharmacy, the only commonality it has is it rhymes with mill. Richard James Albert’s handlers never thought was that these Black Pharmacists of Pronto, At Cost, Gulf Med Pharmacies, Oak Hill Hometown Pharmacy would fight back and that it would be business as usual.
Diversion Investigator Richard Albert,(DI) testified that he did not “Know or understand the law(s) or how any law applies to the practice of Pharmacy. On January 28, 2020, Richard Albert (DI Albert) under cross-examination by Pronto Pharmacy Attorney Dale Sisco of Tampa, Fl, in summary, stated
- In reviewing the respondent’s prescription data, he became suspicious because certain prescriptions were written for tablets but filled in capsules. However, DI Albert admitted that he is not familiar with FDA guidelines regarding compounding and, further, that he did not analyze the records he obtained from the respondent to compare the patients who received capsules that were compounded at respondent’s pharmacy to the anticipated patient’s need. Likewise, DI Albert did not compare the number of doses of capsules documented as having been compounded by the batch reports to the number of drugs dispensed by the respondent.
- DI Albert admitted that speaking with the prescribing physicians identified in the E-FORCE data would have been a simple and straightforward method to ascertain whether any of those prescribers had, in fact, authorized the substitution of capsules for tablets for a particular prescription. He testified further that there was nothing to prevent him from contacting all but one of the physicians who wrote the prescriptions for the patients at issue. However, DI Albert never contacted, spoke with, or attempted to contact or speak with any of the prescribing physicians.
- DI Albert did not know of any federal or state law or regulation that limits the geographic area in which a pharmacy can dispense medications.
THE ISSUE OF WHAT AGENCIES DEFINES COMPOUNDING, FDA OR DEA DIVERSION INVESTIGATOR RICHARD JAMES ALPERT?
DI Alpert of DEA stated in his testimony, he did not know state law or federal law as it pertains to Pronto Pharmacy LLC alleged in order to show cause. DI Alpert further stated he use a form default letter which is located in DEA’s Computer system to write the Order to Show Cause which he had started in April, 20019, 3-months prior to their raid of August 29, 2019.
The jurisdiction on who defines compounding or manufacturing is that of the FDA. Had DI Alpert consulted with the FDA, or understood the rules on Pharmaceutical perhaps the outcome would be far different. Had DI Alpert reviewed the DOH Administrative finding of 2018 and our response he may have been better educated in the subject matter as to not proceeded with a criminal complaint. See administration 20017-18 case: ph201705581 also, Atty dale Sisco response and DOH, findings.
2. Dr. Martin Luther King jr states; the 2 greatest danger we face as people in any society is: “Sincere ignorance and conscientious Stupidity”, in this case by failing to research the laws of STATE AND/OR FEDERAL procedures that govern Community Pharmacy compounding DEA DI Alpert chose to be both “sincerely ignorant” and consciously stupid.
3. Federal Law and Florida State Law clearly allows and has always allowed that a licensed pharmacist can compound “in limited quantities before the receipt of a valid prescription order for such individual patient.”
- More importantly President Donald J Trump addressed this issue and signed into law H.R 244 which clarifies several compounding regulations implemented in the Drug Quality and Security Act(DOSA 2013).
- The law clarifies that Congress did not intend to redefine “distribution” to include “dispensing,” specifying Congress only intended FDA to regulate distribution– not “dispensing” to a patient over state lines.
Pronto Pharmacy Workers Compensation Insurance classifies them as Class code 8045, Class Description Store: Drug Retail of which compounding is covered under our community license.
Manufacturing comes under the jurisdiction of the FDA, not a DEA diversion inspector. Alpert never consulted the FDA.
The actions of the DEA and DI Albert were clearly malicious and were targeted at shutting Pronto Pharmacy down at whatever cost. To exact financial hardship on Pronto Pharmacy and it owners. There is no finding of facts that support Pronto Pharmacy as an “imminent danger” with no facts to support Pronto as illegally manufacturing, no fact to support continuing the ISO.
The DEA sets arbitrary parameter according to Pharmacist Association CEO Michael Jackson in June 2017 Conference of the Florida A&M Alumni, New Orleans (SEE BELOW VIDEO MICHAEL JACKSON RPH, CEO FLORIDA PHARMACIST ASSOCIATION CE PROGRAM WITH THE FLORIDA A&M UNIVERSITY PHARMACIST ALUMNI JUNE 2017, NEW ORLEANS, LA, NO CLEAR GUIDELINES)
VIDEO THE DEA IS COMING AFTER PHARMACIST
The DEA agent Richard Albert prepared a warrant that “opinion based on a red flag that Pronto Pharmacy engaged in manufacturing-controlled substances. This is an assumption that a crime was committed within the Pronto Pharmacy. Pronto Pharmacy is a licensed pharmaceutical company by law that can compound medications. The below chart demonstrates Richard James Albert nor his handlers know existing laws and/or rules guiding the practicing of Pharmacy. More specifically control medications and this chart under (iv) practitioners, hospitals retail pharmacies are permitted under their DEA Federal Registry certificate to process Schedule medications II-V. This chart specifically outlines:
” A pharmacist may manufacture an aqueous or oleaginous solution or solid dosage form containing a narcotic controlled substance in Schedule II–V in a proportion not exceeding 20% of the complete solution, compound, or mixture. A retail pharmacy may perform central fill pharmacy activities.“
DEA’s argument has been Pronto Pharmacy compounding of control medications was concluded as manufacturing and Pronto Pharmacy needed a separate manufacturing registration. This was because their retail registration license does not cover for manufacturing. The chart of guidelines more than contradicts all DEA assertions made by both DI Albert and his handlers against Pronto Pharmacy.
Yet, what is more, troublesome it that these guidelines are from the DEA’s own website under 21 USC 1301.13 under certificate new license and renewal (224&224a) and the cost for this license is $731.00 and it is good for 3 years. The importance is DI Albert didn’t know the laws, never looked for the laws, and his handlers, Aimee Hickerson, Susan Langston, John Beerbower kept him ignorant of the laws.
|(iv) Dispensing or instructing (includes Practitioner, Hospital/ Clinic, Retail Pharmacy, Central fill pharmacy, Teaching Institution)||Schedules II–V||New–224 Renewal–224a||731||3||May conduct research and instructional activities with those substances for which registration was granted, except that a mid-level practitioner may conduct such research only to the extent expressly authorized under state statute. A pharmacist may manufacture an aqueous or oleaginous solution or solid dosage form containing a narcotic controlled substance in Schedule II–V in a proportion not exceeding 20% of the complete solution, compound, or mixture. A retail pharmacy may perform central fill pharmacy activities.|
COMPOUNDING IS NOT MANUFACTURING. NEVER HAS AND NEVER WILL BE!!
Compounding is an integral part of pharmacy practice and is essential to the provision of health care. Compounding is defined in several ways according to the Guidelines for Compounding Practices we quote these definitions verbatim from Chapter 795 of the United States Pharmacopeia (USP)
Compounding can be as simple as the addition of a liquid to a manufactured drug powered or as complex as the preparation of a multicomponent parenteral nutrition solution. In general, compounding differs from manufacturing in that compounding involves a specific practitioner-patient-pharmacist relationship, the preparation of relatively small quantity of medication, and different conditions of sale.
Compounding also includes the preparation of drugs or devices in anticipation of prescription drug orders, on the basis of routine, regularly observed prescribing patterns. (5)
Manufacturing is the production, preparation, propagation, conversion and/or processing of a drug or device, either directly or indirectly, through extraction from substances of natural origin or indecently through means of chemical or biological synthesis; the terms include any packaging or repackaging of the substances(s) or labeling or relabeling of its container and the promotion and marketing of such drug devices. Manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. (5)
GUIDELINES FOR DISTINGUISHING BETWEEN COMPOUNDING AND MANUFACTURING ARE AS FOLLOWS:
Pharmacists may compound, in reasonable quantities, drug preparations the are commercially available in the mar place if a pharmacist-patient-prescriber relationship exist and a valid prescription is presented.
DEA takes the position:
(1) compound only for a specific patient; and
(2) cannot compound drugs that are otherwise commercially available.
However, the ( FDA)Food Drug & Cosmetic Act to this email. While it may allow a licensed pharmacist to compound “limited quantities” before the receipt of an actual prescription, such “limited quantities” must be based upon a history of valid prescription orders for the compounded products for a specific patient.
Pharmacist may compound nonprescription medications in commercially available dosage forms or in alternative dosage form to accommodate patients needs called by individual state boards of pharmacy.
The FDA takes the position that when differences of these types ((Generic Substitution: Generic-Substitution Laws) are important in the care of a particular patient, it may be appropriate for the prescribing physician to require that a particular brand be dispensed (“dispense as written”) as a medical necessity (“brand medically necessary”). With this limitation, however, the FDA believes that products classified as therapeutically equivalent can be substituted with the full expectation that the substituted product will produce the same clinical effect and safety profile as the prescribed product.
Pharmacists may compound drugs in limited quantities prior to receiving a valid prescription, on the basis of a history receiving valid prescriptions that have, on basis of a history of receiving valid prescriptions that been generated solely within an established pharmacist-patient prescriber relationship, and provided that the prescriptions are maintained on file for all such preparations dispensed at the pharmacy.
Pharmacist should not offer compounded medication to other pharmacies for resale; however, a practitioner may obtain compounded medication to administer to patients, but it should be labeled with the following: “For Office Use Only,” date compounded, use-by date, and name, strength, and quantity of active ingredients. An exception to this may be the outsourcing of some compounded preparations by a hospital to contract compounding pharmacies.
Compounding pharmacies and pharmacist may advertise or otherwise promote the fact that there provide prescription compounding service.
The CSA clearly permits pharmacies to compound controlled substances as part of the act of dispensing and exempts such compounding from the definition of manufacture. The FD&C similarly exempts pharmacies that compound as part of retail pharmacy practice from the manufacturing requirements of that statute. However, in recent years some pharmacies have increased their compounding activities to such an extent that the Food and Drug Administration (FDA) became concerned that some pharmacies are using compounding as a guise to manufacture drugs.
In response to that concern, in 1997 Congress passed the Food and Drug Administration Modernization Act of 1997, Pub. L. 105-115. Included in the statute at Section 127 was a provision that amended the FD&C at 21 U.S.C. 353a. This provision was entitled “Application of Federal Law to the Practice of Pharmacy Compounding,” which exempted pharmacies from drug approval provisions of the FD&C relating to manufacturing when they compounded drugs under certain circumstances.
This clearly notes that Agent Albert, and his supervisor were unaware of pharmaceutical procedures and laws. They later provided information that Pronto’ s Pharmacy was manufacturing illegal drugs and issues a subpoena for records and batch records of schedule II-controlled substances prescriptions that were for original and receiving.
RICHARD ALBERT’S CROSS-EXAMINATION TESTIMONY JANUARY 28, 2020 DEMONSTRATED LACK OF KNOWLEDGE OF PHARMACY LAW AND PHARMACY PROTOCOLS
The transcripts clearly demonstrate the DEA agent’s lacked knowledge and deliberate indifference toward licensed pharmaceutical businesses.
“Mr. Sisco: Based on the investigation that you conducted, did you attempt to determine what the volume was of prescriptions that were being dispensed at Pronto Pharmacy?
DI Albert: No, sir.
Mr. Sisco: But you could tell from the dispensing records, for instance, how many prescriptions were being dispensed each day, each week, each month or each year; right?
DI Albert: I would be able to tell that, yes.
Mr. Sisco: But you never made an attempt to do that?
DI Albert: No, sir
Mr. Sisco: And did you analyze thee records, the prescribing records that you obtained via the administrative inspection warrant to compare the patients who received capsules that were compounded at Pronto Pharmacy to the anticipated patient need?
DI Albert: No, sir.
Mr. Sisco: Are you familiar with FDA guidelines with regard to compounding?
DI Albert: No, sir
Mr. Sisco: As part of your training, the 12-week diversion investigator training, did you receive training with regard to the compounding of medication and the laws that apply to it?
DI Albert: Not specifically compounding.
Mr. Sisco All right. And one of the things that you’re trained on in that 12-weeks course is law right?
DI Albert: Yes
Mr. Sisco: And Federal Law, I presume?
Di. Albert: Yes
Mr.Sisco: And have you educated yourself on Florida law that applies to pharmacy operation?
DI Albert: Myanswer will be no on that.
Mr. Sisco: So in your analysis of this case, you looked solely to federal law.
DI Albert: Correct
Mr. Sisco: Even though, for instance, your subpoena reference specific Florida Administrative Code provisions?
DI Albert: Correct.
Mr. Sisco: You drafted the subpoena , didn’t you?
DI Albert: Yes
Mr. Sisco: Okay. So when you put those codes provisions in there, they had some significance to didn’t?
DI Albert: Yes
Mr. Sisco: Okay What was the significance that they had?
DI Albert: I don’t know sir.
Mr. Sisco: Okay. So looking at Exhibit Number 6 did you determine–did you compare the number of doses of capsules that were documented as having been compounded by these batch reports to the amount of drugs dispensed by Pronto Pharmacy?”
DI Albert: No, I did not.
Mr. Sisco: Based upon your training, education and experience, is there a federal statute or regulation that geographically limits the area in which a pharmacy can dispense?
DI Albert: Not to my Knowledge.
Mr. Sisco: To your knowledge based on your training, education and experience, is there a Florida statue that limits the geographic are in which a Florida pharmacy can dispense prescription?
DI Albert: Not to my Knowledge.
Richard Albert’s testimony was a stunningly profound admission of wrongdoing because each and every Black-owned pharmacy business that was raided, had their Federal Control Registration removed and suspended, charged as being a threat to public safety, along with the recommendation for revocation, based on non-existent distance travel laws. DI Alberts admission further undermines the of the testimony of DEA Pharmacy expert Donald Sullivan who testified to a limit of 35 miles on January 29, 2020 hearing in the matter of Pronto Pharmacy.
What’s more, striking has been DEA Court tribunals have rubber-stamping the removal of Pharmacy Control Registration on these non-existing laws. This practice on the part of DI Albert amounts to the deliberate fabrication of both Search Warrants and Orders to Show Causes against these pharmacies. More, importantly these findings support the Academic and Professional Fraud complaint against Donald Sullivan, submitted to the Compliance and Integrity Committee headed by Provost Executive Vice-President Bruce McPherson at The Ohio State University, Columbus, Ohio.
It is within DI Richard Albert’s own statement that he “conceded that he did not know what significance the Florida Administrative Code (FAC) which guides Pharmacy in the State of Florida.” Agent Richard Alpert said, “ FAC provisions were already included in his subpoena template, and that he did not know what those provisions meant.”
These findings are extremely important for the Senate Judiciary Committee, House Committee on the Judiciary and House Committee on Government Operation to bring oversight and investigation and expose DEA’s level of corruption.
DIVERSION INVESTIGATOR RICHARD JAMES ALBERT MEETS WITH FLORIDA PHARMACY INSPECTOR CHERYL ELSHAER AND WITH SAFE CHAIN SOLUTION WHOLESALER, ABBIE DIVILIO STATE REGULATION COORDINATOR TO UNDERMINE AND TERMINATE PRONTO PHARMACY BUSINESS RELATIONSHIP
Interference with Wholesalers
Pronto Pharmacy is a specialty compounding Pharmacy and has been for 10 years. Pronto Pharmacy compounds Oxydone, Hydromorphone capsule as well as other pain medications, based on a history of a physician-patient relationship.
DEA has conspired to engage in interferences of interstate/intrastate commerce based on enforcing laws that have never existed such as distance travel. This was done by voiding the legitimacy of a person’s right to seek medical care and the pharmacy’s legal authority to dispense medical services.
The DEA goes further to criminalize their medical and payment methodologies without conducting any investigation.
According to Susan Langston, the DEA has no control over pharmacies’ pricing of drugs.
“They can charge what they want. That’s not against the law. But when a pharmacist will do that, it’s very telling. Very telling,” she said.
However, in the Order To Show Cause Warrant for Pronto Pharmacy Attorney Dale Sisco, on August 29, 2019, it specifically targeted pricing of medications and these statements were opined by DEA’s pharmacist expert Donald Sullivan.
Agent Richard James Albert, Jr stated that on approximately May of 2017, “We got a call from the Department of Health(Florida) about a pharmacy was compounding hydromorphone and oxycodone.” It must be noted that it is within the scope of Pronto Pharmacy’s retail license to compound hydromorphone and oxycodone. The call to DI Albert came directly from Chery Elshear, Florida Pharmacy Board Inspector from the State of Florida Department of Health.
Agent Richard James Albert, Jr summoned his supervisor, and they served Notice of Inspection.
On or about May 4, 2017, Amie Hickerson and Richard Albert of the DEA entered the premises of Pronto Pharmacy. Both Agent Albert and his supervisor, Cheryl Elshaer, and her supervisor were asked to leave because Pronto Pharmacy was instructed by their Attorney, Dale Sisco, to allow no type of inspection to commence without his or someone from his staff’s presence. Agent Albert later opened up an investigation into Pronto Pharmacy and eventually issued a subpoena.
Cheryl Elshaer Florida Pharmacy Inspector
Florida Department of Health(FDOH) regulates professional licensing in the State of Florida for all pharmacies. their motto is:
“Our mission is to protect, promote and improve the health of all people in Florida through integrated state, county and community efforts”
In the State of Florida, a Pharmacy can see any person from anywhere in Florida. There is no restriction as to where a prescription comes from, not even controlled medications as long as it’s valid and written by a licensed practitioner who has a practitioner-patient relationship, and a physical exam had been conducted.
However, this mission statement conflicts with Ms. Langston’s practice where distance travel and the use of mail-order is not a problem for some pharmacies but raises suspicion for a black own pharmacy.
According to wholesalers, the DEA directs them to adhere to an 80-20 rule which the DEA denies. The rule is enforced arbitrarily by wholesalers who permit certain mom and pop pharmacies to operate around the rules and others must adhere differently and are charged a higher price by the wholesaler.
PUTTING IT WHERE THE GOATS CAN GET IT
When, Ms. Elshaer, came to Pronto Pharmacy for the annual inspection, which is required by the State of Florida for every pharmacy. Ms. Elsheaer informed us, she was new and didn’t know anything about compounding, pharmacy laws, and was not a pharmacist. She, further informed us that she didn’t know anything about control medications and wasn’t inspecting our control records which are normally done. However, when she saw our cleanroom and learned as part of our compounding we do control medications, instead of Ms. Elshear, asking simple questions, she took a few pictures of our cleanroom area, left and called the DEA. (Cheryl Elshaer and Stephen Varitek should be terminated for wrongdoing)
To put this sequence where the goats can get it, Ms. Cheryl Elshaer saw a Pharmacy owned by a Black Family that had the capability of compounding control medications, (she did a Karen) and called the police (DEA). (7)
ABBIE DIVILIO SAFE CHAIN STATE REGULATION COORDINATOR
The process begins with DEA investigators like Richard Albert interfering with wholesalers, by calling and suggesting they close the merchant account of the targeted pharmacy, under the DEA’s “Know Your Customer Program.” In the case of Pronto Pharmacy, the wholesaler was Safe Chain Solutions. DI Albert instructed Safe Chain to close Pronto Pharmacy’s control medication account in June of 2019, making the products commercially unavailable to them. Therefore, Pronto Pharmacy continued its compounding in order to meet the demand of its patient base.
Ms. Divilio and the DEA worked together with the intent to undermine and destroy the business of Pronto Pharmacy, using distance travel from the physician’s office under know your customer program. Again, no such law exists in either the Federal and State statute.
Sometime in June 2019, Ms. Divilio made an onsite visit to Pronto Pharmacy and spoke with Pharmacist Guy Decker. Video recordings show Ms. Divilio stayed approximately 7.3 minutes. She examine no records, asked Mr. Decker one question, and reviewed no profiles. Approximately, a week later Pronto Pharmacy’s control medication account was closed. Ms. Divilio informed that they were concern regarding distance traveled between the physician’s office and Pharmacy.
35 AGENTS OF DEA RAID PRONTO PHARMACY AUGUST 29, 2019.
On August 29, 2019, a well-coordinated attack implemented by both the DEA and Florida Department of Health was waged on Pronto Pharmacy. Their actions were beyond the scope of service of a certified law enforcement agency. Upon entering, a DEA Agent is videotaped removing and disabling Pronto Pharmacy’s camera systems wherein they damaged and destroyed several articles of equipment. (10) (See below videos)
SUSAN LANGSTON, THE CHIEF HANDLER
The public has very little understanding of how so-called drug policy directly affects their daily life until they contract some chronic illness or a loved one faces death. Then the importance of chronic illness and disease states is ever so critical. These warnings remain ever so obliterated, and one cannot ignore the function of how race works in these proceedings.
Susan Langston was the Program Manager for the DEA Miami Field Division’s Diversion Regulatory Program. Overall supervision of Diversion Groups located in Miami (Weston), West Palm Beach, Tampa, Orlando, Jacksonville, and Tallahassee, Florida. She has since been promoted to a position in Washington DC.
Ms. Langston is the central figure behind DEA’s incompetence and criminal corruption within the State of Florida. Her policies have resulted in the needless death of patients being treated for chronic pain and denied their medications.
“Fear of DEA was a recurring theme at Florida’s Board of Pharmacy hearing Monday, and agency officials are attempting to respond to concerns voiced at the event held August 15, 2015.” (see below link Susan Langston before Florida Board of Pharmacy)
One should never be fooled by her tears for a 40-year-old woman who had struggled with cancer for a decade before a Fort Myers pharmacy refused to fill a prescription for pain medication or her Barbie Doll looks. Susan Langston is evil with the mindset of a Hendrik Frensch Verwoerd as Minister of Native Affairs South Africa responsible for developing the Bantu Education Act. (9)
It was reported in the Orlando Weekly October 15, 2015, “Susan Langston wiped away tears as she spoke of a prescription was rejected because it was written by a doctor at the Cleveland Clinic, a facility 100 miles away from the woman’s home and where she sought cancer treatment after her own doctors told her she was going to die.”
” But, according to the chain pharmacy’s policies, the prescription was flagged because it wasn’t ordered by the woman’s regular doctor, the woman traveled a long distance to obtain the prescription, and it came from South Florida, a part of the state once considered the pill-mill capital of the nation.”
According to Langston, the pharmacist quit.
“The cancer patient’s plight is one of many stories Langston has fielded in her job as the U.S. Drug Enforcement Administration diversion program manager in the Miami office.”
“This girl is being labeled a drug seeker, a doctor shopper. She went to a different doctor. She got a different pain medicine. She drove a long distance, and she paid cash. But she also walked in there with a bald head to a pharmacist that she’s been going to for 10 years, who knows she’s none of those. And that’s awful. That’s not what we’re about. No one has ever gotten in trouble with the DEA in Florida from filling a cancer person’s prescription,” an emotional Langston said in an extended interview this week via Skype with The News Service of Florida.”
“Florida patients like the Fort Myers woman are caught in the crosshairs of a state and national crackdown on prescription pill abuse that’s morphed into a dreaded “pharmacy crawl” by people suffering from cancer, chronic pain, and other illnesses but who can’t get their doctors’ orders for pain medications filled.” (see below link from quotes from Susan Langston Orlando weekly.com)
According to the Orlando Weekly:
“Pharmacists blame an overzealous Drug Enforcement Administration for the problem. Doctors -– and the DEA – point the finger back at the pharmacists charged with filling prescriptions or at the corporations that have developed checklists to screen out dubious patients
Meanwhile, some patients are checking into hospice care early – or even committing suicide – in search of relief.” (6)
Nor should we be fooled by Susan Langston’s statement before the Florida Board of Pharmacy in which citizens began complaining:
“I want to make myself perfectly clear. Pharmacists do not need to fear the DEA,” said Susan Langston, DEA diversion program manager. The lead DEA agents told the Board of Pharmacy that the agency has stripped licenses from less than one half of 1% of all Florida pharmacies. They do not set quotas or interfere in the business decisions of wholesalers and pharmacists. “The DEA does not give a checklist or tell a pharmacist his or her job is black and white because it’s not,” said Langston. One of the themes of Monday’s meeting was the better education of pharmacists and wholesalers when it comes to DEA practices. “
Pharmacists have a lot to fear:
- DEA does have quotas, yet denies that they do.
- DEA does interfere in the business decision of wholesaler and pharmacists (see Safe Chain Solutions)
Ms. Langston’s statement “better education of pharmacists and wholesalers” when it comes to DEA practices are troubling.
SUSAN LANGSTON IS NEITHER COMPETENT, KNOWLEDGABLE NOR QUALIFIED
Ms. Langston’s qualifications and educational background are both troubling and alarming. She has no law enforcement background, no medical, dental, or pharmaceutical science background. Yet she heads to head the DEA Miami Field Division’s Diversion Regulatory Program. Ms. Langston has attained only a bachelor’s degree beyond that trained as a paralegal. (9)
According to LinkedIn reporting, she became in charge of the DEA Field office in Los Angeles and Miami and received a promotion within the DEA headquarters in Washington D.C. Ms. Langston appears to have no background, training nor certifications in the knowledge of drug substance abuse and treatment and appears to have no advanced certificates in law enforcement.
Ms. Langston orchestrates the attacks against licensed physicians, pharmacists, and dentists, and yet her qualifications, background, and tactics such as redefining, misclassification of long-standing medical/pharmacy/dental protocols are further troubling. Such as:
- Defining Pharmacy Compounding as Manufacturing and requiring a separate registration when no registration exists.
- Pushing for a pharmacist to challenge medical/dental practitioners’ diagnosis and treatment, which is outside the authority and scope of a pharmacist. (11)
- Strong arming Pharmacies/Pharmacists into being an arm of law enforcement (supporting the misuse of Google Maps and the PDMP systems) which encourages bias, discrimination, and profiling.
Langston and John Beerbower, United States Attorney for the DEA, were clearly captured on-site August 29,2019, with more than 35 DEA agents. Their intent to destroy Pronto Pharmacy and their misdeeds were caught on camera for all to see. Ms. Langston is oftentimes present at certain types of pharmacy raids and her racial attitude is well known. At one particular raid near Tampa, she was said to them “we are putting you dirty Egyptians out of business.”. The Pharmacist were not Egyptians, but her tactics eventually work in causing the downfall of this Pharmacy. Ms. Langston has an intrinsic hatred for Attorney Dale Sisco and his law firm or anyone who challenges or exposes her corruption. Eventually, they did close down. Congress Must Investigate
CORRUPTION OF DEA BEGINS WITH SUSAN LANGSTON AND THE DEA COURTS
This is where the House Judiciary Committee, Sub-committee on Federal Court activity, needs to focus their attention. Ms. Langston’s criminal corruption goes further because she well understands that after a pharmacy is raided, under the fictitious orchestration of working to control the so-called opioid crisis, the DEA court supports her corruption by believing her dishonest activity.
The DEA tribunal operates outside the Federal Rule of Evidence and civil procedures. Their final decision is made by the DEA administrator, who is confirmed by the United States Senate. Ninety-Nine percent of the time cases are held in Arlington, Va. Therefore, clients and their witnesses must travel all the way to Virginia to seek so-called justice, except in the winter months, and client is from Florida. The DEA level of corruption goes all the way to the top of the political chain in the Justice Department and political structure in America. The House Committee on Judiciary and the House Committee on Government Operation must give oversight. (12)
Susan Langston’s actions further support the findings of Leo Beletsky and Jeremy Goulka as the “DEA is the Federal Agency that has fueled the drug crisis in America and around the world.”
The United States Drug Enforcement Agency has controlled and permitted non-medical illegal opioid drug substances to flourish in some neighborhoods, destroying the viability of these communities.
This then fuels orchestration of undermining the public school systems. It thwarts the ability of achievement in pursuing higher education for the majority of children in those communities, and for those few who manage to achieve in spite of, ( proceed to higher tradecraft or college education) achieving educational success, it ensures generational wealth will never be passed down.
According to Professor Leo Beletsky and Jeremiah Goulka,
“ We ought to reinvent the Drug Enforcement Administration. Considering its lack of public health and health care orientation, the agency’s regulatory authority over the pharmaceutical supply could be transferred to a strengthened and independent Food and Drug Administration, while the regulation of medical and pharmacy practice can be ceded to the states.
Parts of the D.E.A.’s law enforcement mandate should be transferred to the F.B.I., delegated back to the local or state, or eliminated. A significant portion of the D.E.A.’s budget should be reinvested in lifesaving measures like access to high-quality treatment.”
AND WE CONCUR. And we also say IF THERE ARE ANY POLICE AGENCIES WHICH NEED DEFUNDING, IT IS THE UNITED STATES DRUG ENFORCEMENT AGENCY…and their courts disbanded. CONGRESS MUST INCREASE THE NUMBER OF FEDERAL JUDGES.
Denying to fill a prescription to a patient can result in death (SEE VIDEO Micheal Jackson CEO of Florida Pharmacy Association.)
WHAT DOES A LAW ENFORCEMENT BACK GROUND LOOK LIKE
What does a law enforcement background look like?? In this case, we have displayed the law enforcement credentials of two individuals this writer is familiar with. My fellow FAMUAN, and Kappa Alpha Psi Nupe that I made in the Alpha Xi Chapter in Tallahassee Fl., known as Brother Track Down, and my younger brother Walter R. Clement. We have further highlighted that both of these individuals have exceedingly far more qualifications to be Statewide Director of DEA Diversion.
WHO WOULD YOU HIRE?
We ask, of the 3 individuals resumes, Susan Langston, Walter R. Clement, Dr. Cedric L.(Track Down) Alexander, which one of these persons is best qualified, to be selected The Director of The United States Drug Enforcement Agency.
First, Brother Track Down of Florida A&M University is also known by a few people as Cedrick Alexander with 42 years of law enforcement.
Dr. Cedric L. Alexander, a 42-year law enforcement veteran, has an exemplary and proven record
of working with diverse populations and of innovation in dealing with major challenges.
From 2006 to 2007, Dr. Alexander was Deputy Commissioner of the New York State Division of Criminal Justice Services. From 2005 to 2006, he was Chief of the Rochester Police Department (RPD) in Rochester, New York, where he previously served as Deputy Chief of Police from 2002 to 2005. Before joining the RPD, Dr. Alexander was a faculty member in the Department of Psychiatry at the University of Rochester Medical Center from 1997 to 2002.
Dr. Alexander began his career as a Deputy Sheriff in Florida from 1977 to 1980, before joining the Orange County Sheriff’s Department and then the Miami-Dade Police Department, where he was as an Officer and Detective from 1981 to 1992.
He received a B.A. and a master’s degree from St. Thomas University in Miami, Florida, and a doctorate from Wright State University. (13) [see below Yale Law Journal Link]
Second, Walter R. Clement, Bachelor of Science, Criminal Justice, Eastern Michigan University, 1996
Master’s Business, Business Management, Colorado Technical University, Colorado Springs, CO, 2006. Master’s Business Administration, Human Resource Management, Colorado Technical University, Colorado Springs, CO, 2007
Home E-mail: Range1274@comcast.net
Police Officer, Detroit Police Department 1977-1980 Corrections Specialist, Michigan Department of Corrections, Phoenix Correctional Facility,1980-1985
Resident Unit Officer, Promoted 1982-1985, Supervised inmates in correctional unit housing blocks (Full time)
Police Officer, Detroit Police Department 1985-1995
Underwater Recover Team 1985-1994
Special Response Team 1986-1993
Criminal Sex Crime Investigator 1993-1995
Sergeant, Detroit Police Department, 1995-2013
Patrol Supervisor, investigate use of force complaints.
Financial Management Department, Supervisor/Manager Grant Writer Team
Community Policing finance/operations manager
Supervisor/Trainer Detroit Police Underwater Recovery
Field Training Officer (FTO) Supervisor
Training Instructor, Detroit Police Academy
- Officer in Charge of Firearms Range
Criminal Justice Instructor, University of Phoenix, Southfield Michigan, Instructor, 2006-2007 (Part time)
Criminal Justice Instructor, Colorado Technical University, Online, 2007-present (Part time)
Licensures/Certificates (include licensure/certificate name, issuing organization, original year obtained, and current/non-current):
Certificate of Training, National Standard of First Official Response to a Critical Environment training, United States National Standards of Training Association, 2010
Underwater crime Scene Preservation and Investigation Techniques,Michigan Justice Institute, Macomb Community College,1999
|Faculty: The Role|
Formal Teaching Experience (Indicate delivery formats as appropriate)
Bachelor’s/Associate’s Subject Areas Taught: Introduction to Criminal Justice, Classroom and Online
Criminal Investigations, Online
Law Enforcement Operations and Report Writing, Classroom and Online
Ethics in Criminal Justice, Classroom and Online
Criminal Procedure, Online
Interview and Interrogation, Online
Grant Writing, Classroom and Online
Report Writing, Online
Introduction to Criminal Profiling, Online
Other Teaching Experience:
Detroit Police Academy (Inservice training for police supervisors) 2008-2013
Use of Force, Leadership, Police Customers Service, Supervisor Report Writing, Job Satisfaction
Detroit Police Academy (Recruit Training classes) 2008-2013
Patrol Tactics, Police Report Writing, Court Room Procedures, Officer Survival, Conflict Resolution, Proper Handcuffing, Traffic Stops, Patrol Tactics, Interview and Interrogations.
Nation Black Police Association, Instructing on Grant Writing, throughout the United States 2009-2012;
(Walter R. Clement cannot get a job teaching DEA officers search warrant writing because they say he is too qualified.)
Exhibit: N-12 was stored in Vault 4
Thus the goal and purpose of this raid was to inflict more than physical destruction to put Pronto
DEA broke Pronto Pharmacy security camera
EXPENSIVE LASER GUIDED PRECISION SCALE SEIZED
Below, specialized Laser-Guided Ohaus precision pharmaceutical scale used for compounding was seized by DEA as part of their false manufacturing allegation. We demand the return of this equipment.
EXPENSIVE MIXER USED FOR COMPOUNDING SEIZED
DEA wins because of their tactics of intimidation (Skull Fucking) and illegally seizing property, including money, cars, homes, bank accounts, cell phones, disabling computers breaking equipment as seen here in photos from Pronto Pharmacy. This includes types of equipment that are not associated with control substance compounding, such as an Ugunator, a piece of equipment used for compounding ointment preparations. This is DEA’s calling/ Susan Langston calling card.
That Pronto Pharmacy manufactured these controlled substances without being registered with the DEA as a “manufacturer,” is false, especially when no such registry exists. Pronto Pharmacy is a facility licensed to compound control medications under its retail license.
DEA’S CALLING CARD MISSION IS TO DESTROY PRONTO PHARMACY THE TESTIMONY FORMER DEA DIVERSION INVESTIGATOR SHEAR JANUARY 28, 2020
Destroying the economic viability of Pronto Pharmacy LLC was the plan during the execution of the DEA’s May 2012 search warrant. Former, DEA’s Diversion Investigator, Mr. Shearer, seized Pronto Pharmacy inventory (valued at 4.8 million dollars). Mr. Shearer was certain that the seized inventory had significant value.
However, Mr. Shearer testified that the inventory was never returned to Pronto Pharmacy, as well as their equipment though Dr. Clement was never charged with any crime or offense, or joined as a defendant in a False Claims Act or similar civil action.
Shear’s testimony reveals DEA has been on a virtual witch hunt of Pronto Pharmacy.
1.DEA Diversion algorithm showed Pronto Pharmacy, in a 5 year period, ending in 2012, had the lowest of all pharmacies in a 5-mile radius. Pronto Pharmacy dispensed 363,000 control meds while other pharmacies in the same area, for the same period, dispensed 44 million control medications. The nearest ranking Pharmacies close to Pronto Pharmacy dispensed 10 million control medication.
2. DEA chose to raid Pronto Pharmacy according to the indictment in an attempt to arrest Christopher Switlyk whom they knew he was not an owner. Yet they took over 4.5 million dollars of medication and equipment and they were never returned it.
3. Shear stated in his testimony, these were very expensive amounts seized.
4. The intent of this DEA raid was two-prong; a) to wreck Pronto Pharmacy financially and b.) Instill a state of fear into the Pronto Pharmacy LLC ownership(skull fucking).
5. Both Shear and Albert were poorly trained nor knew Florida State law as it relates to compounding. The law permits an anticipatory dose of less than 10 day supply. Again Shear and Albert lack the fundamental understanding of pharmaceutical procedures related to compounding dosages, such as expiration dates, lot numbers, batching and yields, or even the difference between manufacturing and compounding. They rushed to judgment prepared a fraudulent warrant which was executed these fraudulent warrants on at least 2 occasions
There is a clear distinct difference between manufacturing and compounding. The DEA used their power of the badge to raid and enforce their perception of wrongdoing.
DEA CRIMINALIZES CASH PAYMENTS FOR PHARMACY SERVICES WHEN there IS NO LAW IN AMERICA SUPPORTING THIS
A man who is Asian with excessive cash is called Honda, Nissan or Fuji. A man who is white with excessive cash in this society is called Amazon, Walgreens or CVS. A black man with excessive cash is called a criminal or Bill Cosby.
In fact a large percentage of healthcare providers:
- have opted out of insurance or have found themselves pushed out of insurances, as the market consolidates under PBM, as large chains buy health insurance companies and restrict the number of provider participants.
- The providers’ further site insurance has failed to pay in a timely manner and score payments to AWP(Average Wholesale Price), keeping reimbursement below their wholesale purchase price. In other words wholesale cheating.
- It becomes extremely difficult for a small pharmacy (family-owned) to compete with large chains offering comprehensive services.
- The small guy must either specialize or go out of business
- If cash is a problem in the small pharmacy, then it should be regulated in the dental office, physician or for that matter McDonalds
Missing through his entire discussion is the absence of clinical disease state of the patient and Pathology. The DOJ Attorney is even more clever to eviscerate the patient-physician relationship by removing the practitioner from the discussion. This is classic cognitive dissonance. Dr. Joy Degrury, points out: “QUOTE QUOTE”
Both the patients and the pharmacist are dehumanized, and this dehumanization is further supported by pseudoscience and pseudo theory and expanded to a conclusion which is drawn on their foundation of rubbish. It is further exacerbated by politics, to which laws are erroneously created. One contemporary example is the 3-day laws for acute pain. In actually the maximum discomfort occurs in 4 days.
DEA that acts as an unregulated medical agency policing the medical profession without legal standards and grounds. The DEA Diversion Investigator claims are arbitrary. Their actions are erroneously based on “traveling long distances,” to fill prescriptions can be a red flag of abuse and diversion if a patient travels a significant distance to a particular pharmacy.
Again, Distance travel is simply based upon a foundation of rubbish. I had cancer, my treatment was at the Henry Ford Health System in Detroit, this was quite a further than the 30-mile limit in which there is no law. The policy is clearly an intrusion on the healthcare of citizens.
If distance of traveling to obtain a prescription is a criminal factor only in the minds of the DEA and its agents. Michael Jackson. traveling DEA policy forces
PHARMACIES ON THE RIGHT SIDE OF THE LAWS OF HEALTHCARE AND ON THE WRONG SIDE OF THE SO-CALLED DRUG ENFORCEMENT AGENCY
A DEA registry is a Federal license and anyone who writes a prescription in America can have it filled anywhere.
The Department of Justice’s job is to enforce the law not manufacture the law. According to Leo Beletsky and Jeremy Gouka,
“The United States was ill-equipped to navigate the worst drug crisis in its history with the D.E.A. at the vanguard. Starting in the late 1990s the manufacturing, distribution, and prescribing of opioids began to increase rapidly. Overdose deaths soared since so many people were prescribed opioids and many mixed them with alcohol and other sedative drugs. The D.E.A. could have marshaled a calibrated response, expanding evidence-based treatment and reducing the prescription of, especially risky drug combinations.
Instead, the agency pushed for surveillance of prescription records and electronic communication, doubled down on prosecuting prescribers, and helped to tighten the screws on patients seeking pain relief. Meanwhile, lifesaving opioid treatments that the D.E.A. closely regulates, like methadone, have remained extremely difficult to obtain. Indeed, these problems were much broader than the alleged industry machinations to muzzle the agency. (8)
A decade into the crisis, more and more prescription drug users turned to the black market. Even though the D.E.A. had tried to “eradicate” illicit drugs for nearly 50 years, users could easily buy stolen and counterfeit pills, along with a cheaper option, heroin. Soon, some began injecting. Outbreaks of H.I.V. and hepatitis C followed. Meanwhile, people who sought evidence-based treatment were rarely able to access it because of the agency’s evolving regulatory and enforcement strategies, like blocking the expansion of mobile methadone clinics and shutting down addiction treatment providers without arranging alternatives for affected patients.
Despite the investment of hundreds of billions of taxpayer dollars and the earnest efforts of thousands of employees, the D.E.A.’s track record is abysmal. The agency has been unable to balance legitimate access to and control of prescription drugs. The widespread over-reliance on opioids, along with benzodiazepines, amphetamines, and other scheduled medications, has created a booming black market.”(2)(8)
The governing policies of DOJ/DEA are antiquated…..so that they enjoy authority by criminalizing routine healthcare.
THE SAGA OF OAK HILL HOMETOWN PHARMACY, OAK HILL, WEST VIRGINIA
The DEA uses a little-known technique – the Immediate Suspension Order (ISO) – to force them into bankruptcy or even prison, based upon suspicion alone with absolutely no evidence of wrongdoing. Martin Ndjou a pharmacist/owner of Oak Hill Hometown Pharmacy says,
“We face a different standard in this society and there are no repercussions and its poor treatment. Even though I have won I have lost. It has been battle after another. I’m only the same product mail order if you are black you are prone to commit a crime. As a Black Pharmacist ‘m being economically lynched by the DEA and it is deliberate. We are like the jogger running down the street waiting to be harvested and they didn’t want to take action until people started to speak out.“
The DEA applied their distance rule on Pronto Pharmacy, At Cost Pharmacy, Gulf Med Pharmacy, Oak Hill Hometown Pharmacy when there is no such statute or law.
DEA TARGETING BLACK OWNED PHARMACY BUSINESSES IN FLORIDA
On January 7, 2020, owner Aaron Howard, PharmD, of At Cost Pharmacy, Fort Meyers, Florida, found himself surrounded by seven DEA agents ordering an Immediate Suspension of his Control Substance license and seizing his property. The order was signed by Acting DEA Chief Uttam DHilllion, who has in previous orders issued to other Black-owned pharmacies to be deemed “an imminent danger to public health and safety.”
Pharmacist, Aaron Howard, says, “this whole issue is based on an erroneous presumption of Red Flags…..that we are improperly dispensing control medications. This is totally ridiculous. We check all prescriptions in my pharmacy. I’ve been a pharmacist for more than 15 years and I am definitely not a “PILL MILL.”
Currently, the DEA is concentrating most of its efforts on small, non-white pharmacy establishments. But don’t be fooled, these actions are but the first salvo of a much larger picture. The intent is to destroy black people by systematically destroying those who provide healthcare services to those communities.
DEA, in their written complaint against Pronto Pharmacy and At Cost Pharmacy of Fort Myers, begin by categorizing non-white pharmacies as “Red Flags.” The DEA algorithm includes distance travel, paying cash, and excessive dosage. Each patient is then profiled as an abuser and a federal criminal statute is assigned to them, their physician, nurse, pharmacist, dentist, and any other healthcare provider involved in their care with a spirit of impunity.
Lincourt Pharmacy of Clearwater, Florida has been in business for nearly 40 years. They are a specialty pharmacy in compounding sterile and non-sterile products and was doing over $15 million per year with sales all over the world. Louis Lassiter, who is the pharmacist-owner states that “his business dropped dramatically when the DEA came around and began targeting and harassing his wholesalers.” Let’s not be fooled. This the work of Susan Langston and demonstrates how the DEA begins to target Black Own Pharmacy Businesses.
CIVIL DISOBEDIENCE MEANS EXPOSING MEDICAL INJUSTICE OR REMAINING SILENT
Who would have thought the next Civil Rights movement exposing economic disparity would start in a dental chair and a pharmacy dispensing counter?
The audience of Black professionals and my colleagues are trained to shut up by the system or by our own peers. They are trained to express no opinion other than to add input. However, our observation is one cannot win if they are not willing to fight. And when you fight you fight to win, and you don’t allow your enemy to tell you how to fight.
BLACK LIVES DON’T MATTER WHEN BLACK POLITICIANS AND PROFESSIONAL ORGANIZATIONS REMAIN SILENT
Silence is a part of fear and silence also gives support to the enemy. The enemy will never give up easily because the enemy has a lot to lose. The DEA has a lot to lose because they have been successful until now in taking the legal pharmaceutical operations owned by non-whites (specifically black-owned pharmacies) and making them illegal by not having to go through the regular court in which Federal Civil Rules and Evidence and procedures of law would apply. We should remember the words of Frederick Douglas,
FREDERICK DOUGLAS 1857:
“This struggle may be a moral one, or it may be a physical one, and it may be both moral and physical, but it must be a struggle. Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress. In the light of these ideas, Negroes will be hunted at the North and held and flogged at the South so long as they submit to those devilish outrages and make no resistance, either moral or physical. Men may not get all they pay for in this world, but they must certainly pay for all they get. If we ever get free from the oppressions and wrongs heaped upon us, we must pay for their removal. We must do this by labor, by suffering, by sacrifice, and if needs be, by our lives and the lives of others.”
Yet, the words of Frederick Douglas are inclusive of all medical, dental, pharmaceutical societies. We must fight and cannot remain silent.
However, if we choose not to fight and remain “make no resistance, either moral or physical and submit to this devilish outrage” …Thus the Rise and The Mission of the Filtered Negroe(s) will be completed.
FOR NOW, YOU’RE WITHIN THE NORMS
- From The New York Times: The Federal Agency That Fuels the Opioid Crisis
“The Drug Enforcement Administration has proved itself incompetent for decades.”
2). Am J Public Health. 2018 February; 108(2): 182–186. Published online 2018 February. doi: 10.2105/AJPH.2017.304187PMCID: PMC5846593PMID: 29267060, Opioid Crisis: No Easy Fix to Its Social and Economic Determinants, Nabarun Dasgupta, Ph.D., MPH, Leo Beletsky, JD, MPH, and Daniel Ciccarone, MD, MPH
3) Jack Riley is director of RAND Public Safety and Justice, 2002, Racial Profiling lessons from the Drug Wars, How Drug Profiling Did Not Work, In the 1980s, the U.S. Drug Enforcement Agency (DEA) and customs agents developed profiles of U.S. land-based distribution networks by observing how drugs moved out of source countries
5) Good compounding practice applicable to state-licensed pharmacies. In: Model State Pharmacy Act and Model Rules of the National Association of Boards of Pharmacy. Park Ridge, Ill: national Assocciationof Boards of Pharmacy; 1993;C-1-C-5.
7) Joseph Madison “The Black Eagle” XM 126, THE URBAN VIEW, Thank you, Joe if I’m a celebrity then let it be for Obamacare which saved my life from Invasive Early Stage Colon Cancer through an eye exam 2016. Thank you, Joe, for the Goats.
8) White Opioids: Pharmaceutical Race and The War on Drugs, that wasn’t , released April 2017 by The United States Department Health and Human Services (HHS) a 25 page study (with broad foot notes) on White Opioids see url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5501419/#R28/
9) Dr. Cedric L. Alexander, a 39-year law enforcement veteran, has an exemplary and proven record
of working with diverse populations and of innovation in dealing with major challenges. https://www.yalelawjournal.org/forum/community-policing-as-a-counter-to-bias-in-policing
10) it was during this Raid of August 29, 2019, Norman J Clement wrote: “THE MANIFESTO OF THE NORTH STAR PROJECT“…..(defiled, enough is enough).
11) Pronto Pharmacy LLC., May 5, 2020, Judge Mark D. Dowd, end notes page 44.,
22 Mr. Clement, Jr.’s, testimony that the Respondent verified the medical legitimacy of the prescriptions it filled runs counter to Mr. Clement, Sr.’s, view, as written in his blog, that he is “not authorized or qualified to challenge a physician’s diagnosis and treatment.” Tr. 538, 566. If that is the case, it seems inconsistent that the Respondent would call a doctor’s office at all, let alone to confirm a diagnosis. Tr. 551. Furthermore, it is difficult to understand how the Respondent ensured that prescriptions were medically legitimate if the Respondent believed it could not question a doctor’s decision to prescribe a certain medication. Tr. 538, 566. The Respondent’s vetting process, as described by Mr. Clement, Jr., seems superfluous if the Respondent’s pharmacists are unable to question a diagnosis and treatment.
12) UNITED STATES DEPARTMENT OF JUSTICE Drug Enforcement Administration;DOCKET 19-42 RECOMMENDED RULINGS, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION OF THE ADMINISTRATIVE LAW JUDGE, Mark M. Dowd U.S. Administrative Law Judge, May 5, 2020,/ PG 35.,
Although these proceedings are not bound by the Federal Rules of Evidence, they are often instructive in the evaluation of the admissibility of evidence herein. Rule 702 states as follows:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Fed. R. Evid. 702. The tribunal should ensure that any and all scientific testimony or evidence admitted is not only relevant but reliable. Daubert v. Merrell Dow
130 PBS: DOCUMENTARY ONLINE OPIOID ADDICTION AND TREATMENT.
Netflix: How To fix A DRUG SCANDAL