“WE ARE PHARMACIST NOT DRUG DEALERS”
“Falsus in uno, Falsus in omnibus”
BY
NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, JOSEPH SOLVO ESQ., REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., BRAHM FISHER ESQ., JOSEPH WEBSTER MD., ESTER HYATT PHD., BRAHM FISHER ESQ., MICHELE ALEXANDER, CUDJOE WILDING BS, DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
THIS PRESENTATION IS A VIDEOS NARRATIVE WHICH SUPPORTS THE FOUNDATION OF THIS ARTICLE
THE CONGRESS MUST INVESTIGATE AND DEFUND THE UNITED STATES DRUG ENFORCEMENT AGENCY (DEA)
Charles Ogletree Esq; Harvard Law Professor
…..from The Presumption of Guilt, the arrest of Henry Louis Gates Jr., …”I examine the race and class dimensions of the Gates arrest by looking at how other successful, prosperous, and noteworthy African American men (who are by no means alone in experiencing problems of racial profiling) have grappled with a wide range of encounters not only with police but with countless everyday citizens and found themselves being judged by the color of their skin rather than the content of their character.“…..
THE PROBITY PART-TWO
Currently, there is a disturbing trend within DEA whereby medical practitioners are being targeted. A campaign of false information has been generated and disseminated to sway the public into believing that these medications are on par with street drugs; dangerous drugs that contribute to abuse and trafficking and the so-called ‘Opioid crisis’ in America.
BLACK-OWNED PHARMACIES ARE SYSTEMATICALLY RACIALLY PROFILED
The common man or woman has very little understanding of how so-called drug policies directly affect their daily living, until they become are diagnosed with some chronic illness or have a loved one who may be facing death. Then, the importance of chronic illness and disease states is ever so critical.
Let it further be clear, patients being treated for chronic pain who travel to a Black-owned pharmacy are called “RED FLAGS” by the DEA and these pharmacies are classified as imminent dangers to the “Public Health.” While the same patients traveling to non-black owned pharmacies, with the same prescriptions, using the exact same payment methodology, the fictitious label of “red flags” does not truly exist.
However, the large chain pharmacies and their parent companies clearly violate laws through false billings and even forged prescriptions on their part, while the DEA collects billions of dollars in what amounts to “extortion fines” and the large chains are given a pass. These warnings remain ever so obliterated, and one cannot ignore the functions of how race works in these types of proceedings.
The United States Drug Enforcement Agency has raided and arrested medical personnel relying upon a cadre of pharmacist such as Donald Sullivan; (1)
DONALD SULLIVAN’S LONG HISTORY OF PROFESSIONAL, ACADEMIC FRAUD AND JUDICIAL PERJURY
“FALSUS IN UNO, FALSUS IN OMNIBUS”
Donnie Sullivan is a Professor of Clinical Pharmacy at The Ohio State University College of Pharmacy. He received his bachelor’s, master’s, and doctorate degrees from The Ohio State University College of Pharmacy. He has been at The Ohio State University for 3 years. He also taught at Ohio Northern University for 17 years. He has taught in multiple courses in their module curriculum. His research interests include drug diversion analysis and education, future pharmacy practice initiatives, pharmacoeconomics, educational development of pharmacy students and pharmacists, and medication error prevention. (2)
ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION OF PRONTO PHARMACY LLC AUGUST 23, 2020
Dr. Sullivan will testify that he reviewed dispensing and prescription logs and patient information maintained by Respondent and provided to him by DI Albert. He will testify that he also reviewed the Florida PDMP report of Respondent’s dispensing behavior. He will testify that he concluded that Respondent repeatedly filled prescriptions for controlled substances without resolving obvious red flags of abuse and/or diversion and in violation of the pharmacist’s “corresponding responsibility” under federal law. Dr. Sullivan will testify that Respondent violated the minimum standard of care for a Florida pharmacy and operated outside of the usual course of professional practice.
DEA’S expert Dr. Sullivan’s courtroom testimony has been troubling, fraudulent, and appears to rely solely upon the abuse of his white privilege and probity as the foundation for his credibility. Don Sullivan has failed basic standards of care as a Pharmacist.
Dr. Sullivan’s methodologies are wrong, in that it doesn’t capture sufficient information to conclusively establish the illegitimacy of a prescribing practitioner’s reasoning for issuing a specific prescription to a patient for a specific disease state.
- He freely admitted in his testimony he had not reviewed any prescriptions. Yet, he opined repeatedly in the Pronto Pharmacy Order To Show Cause; “The DEA’s expert (Dr. Donald Sullivan) reviewed the above-referenced prescriptions and concluded that they presented numerous red flags that were highly indicative of abuse and diversion.”
- If Dr. Sullivan, reviewed no prescriptions, then how could he have drawn any conclusion indicative of abuse and diversion?
- Dr. Sullivan presents with a long history of fraudulent testimony. Dr. Sullivan false testimony in 2010 DEA vs Harold Eugene Fletcher Columbus, Ohio sent Fletcher to prison for nearly 2 years.
The conclusions above drawn by DEA support our argumentS for Congressional Investigation, defunding, and disbanding the DEA.
Florida, Law 64B16-27.831 states:
(1)Definitions: For purposes of this rule the following definitions shall apply:
(a) Valid Prescription. A prescription is valid when it is based on a practitioner-patient relationship and when it has been issued for a legitimate medical purpose.
(b) Invalid Prescription. A prescription is invalid if the pharmacist knows or has reason to know that the prescription was not issued for a legitimate medical purpose.
(c) Validating a Prescription. Validating a prescription means the process implemented by the pharmacist to determine that the prescription was issued for a legitimate medical purpose.
All prescriptions filled at Pronto Pharmacy were lawful. Pronto Pharmacy had every reason to believe every prescription dispensed was for a medical purpose and all prescriptions were verified by the staff through the PDMP network.
Florida, Law 64B16-27.831 Standards of Practice for the Filling of Controlled Substance Prescriptions;
Every patient’s situation is unique and prescriptions for controlled substances shall be reviewed with each patient’s unique situation in mind. Pharmacists shall attempt to work with the patient and the prescriber to assist in determining the validity of the prescription.
(2) General Standards for Validating a Prescription: Each prescription may require a different validation process and no singular process can fit each situation that may be presented to the pharmacist. There are circumstances that may cause a pharmacist to question the validity of a prescription for a controlled substance; however, a concern with the validity of a prescription does not mean the prescription shall not be filled. Rather, when a pharmacist is presented with a prescription for a controlled substance, the pharmacist shall attempt to determine the validity of the prescription and shall attempt to resolve any concerns about the validity of the prescription by exercising his or her independent professional judgment.
(3) Minimum Standards Before Refusing to Fill a Prescription.
(a) Before a pharmacist can refuse to fill a prescription based solely upon a concern with the validity of the prescription, the pharmacist shall attempt to resolve those concerns and shall attempt to validate the prescription by performing the following:
1. Initiate communication with the patient or the patient’s representative to acquire information relevant to the concern with the validity of the prescription,
2. Initiate communication with the prescriber or the prescriber’s agent to acquire information relevant to the pharmacist’s concern with the validity of the prescription.
(b) In lieu of either subparagraph 1. or 2., but not both, the pharmacist may elect to access the Prescription Drug Monitoring Program’s Database to acquire information relevant to the pharmacist’s concern with the validity of the prescription.
(c) In the event that a pharmacist is unable to comply with paragraph (a), due to a refusal to cooperate with the pharmacist, the minimum standards for refusing to fill a prescription shall not be required.
(4) Duty to Report: If a pharmacist has reason to believe that a prescriber is involved in the diversion of controlled substances, the pharmacist shall report such prescriber to the Department of Health.
THE CONCLUSIONS ABOVE DRAWN BY DEA SUPPORT OUR ARGUMENT FOR CONGRESSIONAL INVESTIGATION, DEFUNDING AND DISBANDING THE DEA.
FEDERAL LAW
Federal law does not apportion the responsibility for dispensing unlawful prescriptions between a prescribing practitioner and a pharmacist. Rather, Federal law imposes separate and independent duties on the prescriber and the pharmacist.
More specifically, the prescriber must act within the usual course of professional practice and have a legitimate medical purpose to lawfully issue a controlled-substance prescription. 21 CFR 1306.04(a). As the Supreme Court and numerous Federal courts have made plain, to lawfully prescribe a controlled substance the physician must act “in accordance with a standard of medical practice generally recognized and accepted in the United States.” United States v. Moore, 423 U.S. 122, 138-39 (1975); see also United States v. Smith, 573 F.3d 639, 647-48 (8th Cir. 2009); United States v. Merrill, 513 F.3d 1293, 1306 (11th Cir. 2008)”.(2)
DEA EXPERT DONALD R. SULLIVAN VIOLATES HIS OWN STANDARD OF CARE AND BASIC PHARMACY STANDARDS IF REVIEW
“FALSUS IN UNO, FALSUS IN OMNIBUS”
Dr. Donald Sullivan is a pharmacist, licensed in Florida, yet he violated and failed under Florida, Law 64B16-27.831 Standards states;
“Pharmacists shall attempt to work with the patient and the prescriber to assist in determining the validity of the prescription.“
4. Had Donald R. Sullivan reviewed these prescriptions “worked with the patient and the prescriber to assist in determining the validity of the prescription, he would have found:
a) that Respondent did not violate the minimum standard of care for a Florida pharmacy and operated within the usual course of professional practice.
b) Sullivan would have found the prescribers often indicated their diagnosis of the patient on the prescription either by code or in writing. As we see below prescription for Oxycodone 30mg indicates “non-acute pain.”
5. Had Donald R. Sullivan reviewed these prescriptions based on Florida Law 64B16-27.831 Standards “worked with the patient and the prescriber to assist in determining the validity of the prescription,”
c) Dr. Sullivan would have found the prescription to be valid.
d) Dr. Sullivan would have found the prescribers often indicated their diagnosis of the patient on the prescription either by code or in writing. As we see below prescription for Roxicodone 30mg indicates “non-acute pain” and the Diagnostic code ms126., m48.06.
6. Had Donald R. Sullivan license pharmacist in the State of Florida was really seeking truth under, “corresponding responsibility” under federal law” he would have interviewed both Mr. Gerald R. Kiley and/or his prescribing physician who was Dr. M. Lemon.
Initiating communication with the patient or the patient’s representative to acquire information relevant to the concern with the validity of the prescription,” is a requirement by State of Florida Law of every drug utilization review, and would have established that the prescriptions were NOT illegitimate and the pharmacy and/or pharmacist were not engaged in criminal activity.
THE PH.D PHYSICIAN WANNA BE BECAUSE HE DAMN SURE DOESN’T WANT TO BE A DENTIST
The year is 2010, the case docket 09-48, Columbus, Ohio The United States Drug Enforcement Agency vs East Main Street Pharmacy (‘‘Respondent’’), of Columbus, Ohio Harold Eugene Fletcher PharmD.
Before this Court, this Professor Dr. Sullivan testified that under both Ohio and Federal law:
‘‘is corresponding responsibility between the physician and the pharmacist.’’
Dr. Sullivan is correct, however, he the (DEA) Drug Enforcement Agency and Judge Mark D. Dowd have willfully ignored the most important aspect key of the Federal Law…” between the physician and the pharmacist.’’ Rather, there is no evidence Donald Sullivan exercised any Federal and/or state-required “corresponding responsibility” as a pharmacist expert. There is further no evidence Dr. Sullivan, “Initiate communication with the patient or the patient’s representative to acquire information relevant to the concern with the validity of the prescription.” as required by Federal and State of Florida.
“WE ARE PHARMACIST NOT DRUG DEALERS“
Dr. Sullivan’s role as a pharmacist expert is to seek out the truth by “working with the patient and the prescriber to assist in determining the validity of the prescription,” and Dr. Sullivan did neither. Dr. Sullivan was contacted by Diversion Investigator Richard James Alpert in September 2018, to review prescriptions records of Pronto Pharmacy and for nearly 16 months made absolutely no attempt to:
7. “Initiate communication with the patient or the patient’s representative to acquire information relevant to the concern with the validity of the prescription.” as required by Federal Law and the State of Florida Law.
8… “to work with the patient and the prescriber to assist in determining the validity of the prescription.“
9. ‘‘is corresponding responsibility between the physician and the pharmacist.’’
Both State of Florida Laws and Federal Laws are clear, and do not permit any pharmacist to freelance, or eviscerate the prescriber and the prescriber relationship and permit the pharmacist solely to determine the legality of a prescription.
It’S important for Congress to understand the millions of dollars OF TAXPAYER MONEY PAID to DEA expertS false testimony, THE DEA MUST BE DISMANTLE AND DEFUNDED
DR. DONALD MEMBER OF THE DEA’S CADRE OF JUNK SCIENCE-TIERS AND SUPER DEFRAUDERS OF THE AMERICAN TAXPAYER’S MONEY
Instead, Dr. Sullivan has engaged and has been engaging in a self-serving crusade of fraud, deceptions, billing the taxpayers of the United States of America for services he did not perform and received payment for his ill-gotten gains.
“FALSUS IN UNO, FALSUS IN OMNIBUS”
Dr. Donald Sullivan is a super defrauder of the United States taxpayers’ money. No evidence can be found in Dr. Donald Sullivan’s evaluation, or his court testimony was he had performed the minimum requirements of a licensed Florida registered pharmacist under Florida, Law 64B16-27.831 to:
- Initiate communication with the patient or the patient’s representative to acquire information relevant to the concern with the validity of the prescription,
2. Initiate communication with the prescriber or the prescriber’s agent to acquire information relevant to the pharmacist’s concern with the validity of the prescription.
According to GovTribe, a website that tracks payments to federal contractors, like Donal Sullivan who is paid $300 an hour by the DEA. However, oftentimes their testimony relies upon tacit bias as they fail to get consent to order a second opinion examination, review radiographs (X-rays) of the patients, or in so much as interview the prescribing practitioners.
Theses so call experts then base their conclusions on sloppy scientifically flawed evidence methodologies which in many cases are similarly equivalent to the discredited bite mark evidence protocols, once used by forensic dentists in courtroom proceedings.
More importantly, the taxpayers of the United States of American paid for Dr. Sullivan’s travel to Tampa, Florida in January 2020, wherein sworn testimony he perjured himself. Dr. Sullivan has monetarily defrauded the United States Government and the American people.
“FALSUS IN UNO, FALSUS IN OMNIBUS”
Therefore, the RECOMMENDED RULINGS, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION OF THE ADMINISTRATIVE LAW JUDGE MARK D. DOWD MAY 5, 2020, Docket No. 19-42 in the Matter of Pronto Pharmacy LLC., is invalidated, because Dr. Sullivan failed to follow required Federal and State of Florida Laws. Most importantly WE DEMAND the immediate return of Pronto Pharmacy LLC., Certificate of Registration No. FP2302076.
THE CONGRESSIONAL COMMITTEE ON GOVERNMENT OPERATIONS, COMMITTEE ON THE JUDICIARY, CONGRESSIONAL BLACK CAUCUS MUST BEGIN INVESTIGATIONS TO PUT AN END TO MEDICAL APARTHEID IN THE UNITED STATES OF AMERICA AND STOP THE TARGETING OF BLACK PHARMACIST AND DEFUND THE UNITED STATES DEPARTMENT OF DRUG ENFORCEMENT (DEA) IMMEDIATELY
FEDERAL LAW
DEA Judge wrote in her observations in 2010 case#09-48, East Main Street Pharmacy, Columbus, Ohio:
A ‘‘pharmacist is not required to practice medicine.’’ United States v. Hayes, 595 F.2d 258, 261 (5th. Cir 1979). ‘‘What is required of [a pharmacist] is the responsibility not to fill an order that purports to be a prescription but is not a prescription within the meaning of the statute because he knows [or has reason to know] that the issuing practitioner issued it outside the scope of medical practice.’’ (2)
However, Dr. Sullivan’s statements that: (1) A pharmacist is not required to fill any prescription, and (2) it is not an excuse that because a doctor wrote the prescription, it can be legally filled, are consistent with Federal law. According to Dr. Sullivan, as part of the prospective drug utilization review, a pharmacist is required to check a patient’s profile for the following: ‘‘(a) over-utilization or under- utilization[;] (b) therapeutic duplication[;] (c) drug-disease state contraindications[;] (d) drug-drug interactions[;] (e) incorrect drug dose or duration of treatment[;] (f) drug-allergy interaction[;] (g) abuse/ misuse[;] (h) inappropriate duration of treatment[; and] (i) documented good/nutritional supplements- drug interactions.’’ (2)
DONALD SULLIVAN’S DEA RED FLAG OF SELECTIVE PROSECUTION
The DEA’s expert Dr. Donald Sullivan reviewed the above-referenced prescriptions and concluded that they presented numerous red flags that were highly indicative of abuse and diversion. These red flags could not have been resolved by a pharmacist acting in the usual course of professional practice, and, therefore, each prescription was filled outside the standard of care in Florida. Accordingly, these prescriptions were filled in violation of federal and state law. See 21 U.S.C. § 842(a)(1); 21 C.F.R. § 1306.04(a); Fla. Admin. Code r. 64B16- 27.810. (3)
However in Dr. Sullivans testimony was quite different:
” Dr. Sullivan was unaware that Florida had codified “standard of care” for healthcare workers. Tr. 438; § 766.102, Fla. Stat.11 He was unaware of the Florida Patient Bill of Rights. Tr. 462. Dr. Sullivan initially conceded there was no federal or Florida regulation mandating where or how the resolution of red flags must be documented. Tr. 435-37.” (7)
“In particular, Florida Administrative Code r. 64B16- 27.831, Standards of Practice for the Filling of Controlled Substance Prescriptions, is silent as to whether a pharmacist must document the steps a pharmacist takes to validate a prescription. Tr. 449-50, 453-54. But see Tr. 488-89.” (7)
Clearly, Dr Sullivans whitilment, privilege and probity prevailed as we have previously stated:
“One can never prevail in any court system or environment, even when supported with science and facts, against bias and prejudice, or when privilege is permitted to take the stand.” (7)
Once again THE CONCLUSIONS ABOVE DRAWN BY DEA SUPPORT OUR ARGUMENT FOR CONGRESSIONAL INVESTIGATION, CLOSING THE DEA COURT SYSTEM, DEFUNDING AND DISBANDING THE DEA.
DEA DON SULLIVAN ON DISTANCE TRAVELED
Dr. Donald Sullivan’s finding, conclusion, and testimony are fraudulent. There are absolutely no Federal or State laws that set a limit on the distance any patient must travel to seek medical career to have a prescription filled.
1. The conclusion drawn by DEA is this agency widespread targeting of the Black Own Pharmacy business and support our argument for Congressional Investigation, defunding and disbanding the DEA.
2. We further note all Patients identified by DEA expert Donald Sullivan as “RED FLAGS, “are still getting the same medications to fill to this day by mail order and non-black own pharmacy establishments
3. DEA expert Donald R. Sullivan’s significant “RED FLAGS” is only significant when any patients decide to have their prescription filled at a Black-Owned Pharmacy establishment.
DEA’S DON SULLIVANS SIGNIFICANT RED FLAGS AND WARRANT FABRICATION TO PROSECUTE BLACK OWNED PHARMACIES
“FALSUS IN UNO, FALSUS IN OMNIBUS”
Dr. Don Sullivan opined that both patients traveling long distances from their residences and patients traveling long distances from the medical practices of the prescribers to have their prescriptions filled are significant red flags that the prescriptions being filled by Pronto Pharmacy were being abused and/or diverted and that a pharmacist who was properly exercising his corresponding responsibility would have recognized this and refused to fill most of these prescriptions. (3)
“FALSUS IN UNO, FALSUS IN OMNIBUS”
Patients Travelling Long Distances to Fill Prescriptions at Pronto Pharmacy: The DEA’s expert Don Sullivan opined that it can be a red flag of abuse and diversion if a patient travels a significant distance to a specific pharmacy, especially if the patient also travels a significant distance to a particular prescriber. Numerous Pronto Pharmacy customers traveled significant distances to obtain and fill their prescriptions. For example, between September 10, 2018, and May 6, 2019, Pronto Pharmacy filled:
a. 86 prescriptions for patients with addresses in Cape Coral, Florida, which is approximately 140 miles from Pronto Pharmacy;
b. 145 prescriptions for patients with addresses in Fort Myers, Florida, which is approximately 130 miles from Pronto Pharmacy;
c. 41 prescriptions for patients with addresses in Lehigh Acres, Florida, which is approximately 140 miles from Pronto Pharmacy;
d. 15 prescriptions for patients with addresses in Immokalee, Florida, which is approximately 150 miles from Pronto Pharmacy;
e. 15 prescriptions for patients with addresses in Naples, Florida, which is approximately 170 miles from Pronto Pharmacy; and
f. 11 prescriptions for patients with addresses in Opa-Locka, Florida, which is approximately 270 miles from Pronto Pharmacy.
The DEA’s expert Donald Sullivan, further noted that Pronto Pharmacy was also many miles from the medical practices of the top prescribers whose prescriptions were filled at Pronto Pharmacy. For example, between September 10, 2018, and May 6, 2019, over 75percent of the prescriptions for controlled substances filled by Pronto Pharmacy were issued by prescribers whose medical practices were located more than 150 miles away from Pronto Pharmacy.
17. DEA’s expert Donald Sullivan “opined that both patients travelling long distances from their residences and patients travelling long distances from the medical practices of the prescribers to have their prescriptions filled are significant red flags that the prescriptions being filled by Pronto Pharmacy were being abused and/or diverted and that a pharmacist who was properly exercising his corresponding responsibility would have recognized this and refused to fill most of these prescriptions.”
DEA’S DONALD SULLIVAN RED FLAG OF DISTANCE TRAVEL
In the below video (img-9157) Mr. Gerald R Kiley identifies himself and states he has been coming to Pronto Pharmacy for nearly 2 years. Mr. Kiley, further states he has difficulty getting his prescription fill for narcotic analgesic medication because pharmacists would frequently tell him they don’t have the medication and are not getting it in. Mr. Kiley states he travels to Pronto Pharmacy because he is treated with dignity and respect.
In the below video Gerald R. Kiley states was referred to Pronto Pharmacy by a friend who has his prescriptions filled (at Pronto Pharmacy). The friend also had difficulty getting their medications filled at other pharmacies because of availability.
Mr. Kiley is shown the August 23, 2020, Order to Show Cause and we discuss with him cash payments. Mr. Kiley states he has to pay in cash because he has no insurance.
However the DEA’s expert Donald Sullivan opined that “traveling long distances can be a red flag of abuse and diversion if a patient travels a significant distance to a specific pharmacy, especially if the patient also travels significant distance to a particular prescriber”. The facts to support the probable cause cannot be justified by mere suspicion. Walter R. Clement, a law enforcement experts states:
“DEA’s expert Donald Sullivan opined “that it can be a red flag of abuse.” This Cannot support an express intent that a crime is or was afoot. Thus, it cannot establish probable cause. In fact, the DEA statements that ‘long distances using GOOGLE MAPS “can be” a red flag of abuse and diversion,’ is a clear application that fails to supports Responsible Suspicion.
The Red Flag of distance serves as a discussion point in pharmacy. Primarily there are absolutely no State or Federal laws that limit a patient to 30 to 35 miles to fill any prescription by any licensed pharmacy and the DEA, very well knows that fact. We see this in the cross-examination of DEA Diversion Investigator Richard James Alpert, by Dale Sisco in Administrative court hearing held January 28, 2020, in Tampa, Florida;
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 statute that limits the geographic area 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. (4)
This is further evidence that supports Congressional Investigation by the House Committee on the Judiciary, House Government Operation Committee which will expose DEA’s waste, fraud, and abuse, and most important, The House Government Committee on Homeland Security.
WARRANT FABRICATION
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.
The State of Florida is a big player in the practice of Mail Order Pharmacy and as such provides medications (controlled and non-controlled) to patients in other states. This in and of itself should invalidate the red flag of distance since this practice is condoned and supported by the Florida State Legislature and the Florida Board of Pharmacy. To discriminate against Florida Pharmacies treating Florida patients is grotesque.
DEA’S Donald Sullivan EXCESSIVE CASH PAYMENT
The DEA’s expert opined that this is a significant red flag that the prescriptions being filled by Pronto Pharmacy were being abused and/or diverted and that a pharmacist who was properly exercising his corresponding responsibility would have recognized this and refused to fill most of these prescriptions.
DR. SULLIVAN WILL TESTIFY THAT CASH CAN BE RED FLAGS OF ABUSE AND DIVERSION
Dr. Sullivan will testify that patients willing to pay such extremely inflated prices in cash for controlled substances are a potential red flag for abuse or diversion because customers taking prescriptions for legitimate medical needs would not pay such extreme prices for medication that can be purchased elsewhere for a fraction of the amount. Dr. Sullivan will testify that Respondent nevertheless repeatedly dispensed controlled substances to such cash-paying patients without resolving or addressing this red flag.
THE DEA’S GOES BEYOND THEIR SCOPE TO REGULATE COMMERCE THEN LATTER DROPS THIS CHARGE IN THEIR COMPLAINT AGAINST PRONTO PHARMACY
The DEA’s expert Donal Sullivan opined that cash payments can be a red flag of abuse or diversion because patients typically have to pay very high prices for drugs that are not covered by insurance.
Dr. Sullivan will further testify that prices charged by the Respondent were excessive. Dr. Sullivan will testify that, according to the 2018 National Community Pharmacists Digest Financials, the average pharmacy makes a 22% gross margin (profit) on prescription drugs. According to their dispensing data, Respondent was making a 91% gross margin (profit) on every prescription it compounded and dispensed for hydromorphone 8mg capsules.
The below prescription shows the prescriber has noted this patient has no prescription insurance “[SAVING FOR UNINSURED PATIENTS]”, and is being treated for non-acute Pain. DEA Expert, Clinical Professor Donald Sullivan, in sworn testimony, admitted to not having interviewed any of the patients, nor their prescribing physicians, neither saw nor reviewed any of the patient’s prescriptions. Professor Sullivan opined every prescription to be illegitimate.” (5)(6)
This testimony is an even more stunningly profound admission of wrongdoing on behalf of the DEA and Donald Sullivan and further exposes him as being noncredible. Pronto Pharmacy LLC 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 a non-existent review by Donald Sullivan and a nonexistent distance travel laws. (4)
Again, this is more evidence that supports Congressional Investigation by the House Committee on the Judiciary, House Government Operation Committee which will expose DEA’s waste, fraud, and abuse, and most important, The House Government Committee on Homeland Security.
Most importantly this type of deception, waste, fraud, and abuse that has gone on for years and supported by the United States Attorneys Office warrant defunding of The United States Drug Enforcement Agency.
Pronto Pharmacy LLC Tampa, Florida, ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION, August 23, 2019:
In order to understand this Government narrative, we must review the Orders to Show Cause based on accepting cash payments against 3 presented to 4 black-owned pharmacies we will also dissect the DEA’s false narrative.
18. The DEA’s expert Donald Sullivan opined that cash payments can be a red flag of abuse or diversion because patients typically have to pay very high prices for drugs that are not covered by insurance. The DEA’s expert noted that, on average, approximately 11 percent of all prescriptions filled by independently owned pharmacies in 2018 were paid for in cash nationally.
The DEA’s Donald Sullivan, the expert noted that over 90 percent of the prescriptions for oxycodone 30 mg and hydromorphone 8 mg filled by Pronto Pharmacy were paid for with cash. The DEA’s expert opined that this is a significant red flag that the prescriptions being filled by Pronto Pharmacy were being abused and/or diverted and that a pharmacist who was properly exercising his corresponding responsibility would have recognized this and refused to fill most of these prescriptions.
19. The DEA’s expert Donald Sullivan reviewed the above-referenced prescriptions and concluded that they presented numerous red flags that were highly indicative of abuse and diversion. These red flags could not have been resolved by a pharmacist acting in the usual course of professional practice, and, therefore, each prescription was filled outside the standard of care in Florida. Accordingly, these prescriptions were filled in violation of federal and state law. See 21 U.S.C. § 842(a)(1); 21 C.F.R. § 1306.04(a); Fla. Admin. Code r. 64B16- 27.810.
East Main Street Pharmacy Columbus, Ohio, ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION, May 5, 2010: DON SULLIVAN TESTIFIED
In 2010 DEA Expert Donald Sullivan, In addition, Dr. Sullivan noted that forty of the fifty-five patients (73%) had paid cash for their prescriptions’’ and that ‘‘the national average of cash paying customers for prescriptions [was] 11.4% in 2005 and 10% in 2006.’’ 33 Id. Explaining that ‘‘profit margins on cash prescriptions are 30% higher than insurance prescriptions for brand- name[] drugs and 100% to 500% higher than insurance prescriptions for generics,’’ he concluded that this ‘‘is an obvious example of a pharmacy profiting from drugs that are most likely being abused or diverted for sale on the street’’ and that ‘‘[a]ny reasonable pharmacist knows that a patient that wants to pay cash for a large quantity of controlled substances is immediately suspect.’’ Id.
Gulf Med Pharmacy, Inc. Cape Coral, Florida 33904, ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION, November 18, 2019: (this is not a Donald Sullivan Review)
Cash Payment and Price Gouging/Black Market Pricing
12. Another common red flag of abuse or diversion that pharmacies must monitor is the use of cash payment for control substances instead of insurance payments. 21 C.F.R. § 1306.04(a); Fla. Admin. Code r. 64B16- 27.810. According to the DEA’s expert, when a prescription for a controlled substance is electronically processed through insurance, the insurance company will frequently reject suspicious controlled substance prescription for the same patient filled at multiple pharmacies. Consequently, cash payments for controlled prescriptions are a red flag of abuse or diversion because some suspect patients may choose to pay cash in order to avoid an insurance rejection that might alert the pharmacist to potential drug abuse or diversion. Such cash payments are especially suspicious when the patient bills insurance for other prescriptions but pays cash for controlled insurance prescriptions.
THE UNITED STATES DOLLAR VS. DONALD SULLIVAN, AND DEA
Jack Folson pharmacist expert writes:
The USD or United States Dollar, which is the fiat currency of THE UNITED STATES OF AMERICA has a statement on every denomination. It says, “THIS NOTE IS LEGAL TENDER FOR ALL DEBTS PUBLIC AND PRIVATE.” (14)
According to 31 U.S. Code § 5103, United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tenders for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts. The prevailing sentiment on this is that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. (14)
There is, however, no Federal statute mandating that a private business, a person, or an organization is prohibited from accepting currency or coins as for payment for goods and/or services. (4)
RED FLAGS OF EXCESSIVE CASH AND DIVERSION
In the below video Mr. Kiley states “I take my medication and I take them as prescribed.” Mr. Kiley also states, ” I’m 61 years old and I’m falling apart.”
The American Medical Association writes June 16, 2020:
The AMA continues to support physicians’ use of effective PDMPs and offers new caution based on physicians’ and patients’ experience since the publication of the CDC Guideline in 2016. We continue to urge the CDC to recognize that PDMP data is only one type of information to help guide a physician’s clinical decisions. Moreover, it is only one piece of data available to pharmacists and any other authorized user of a state PDMP. Yet, PDMPs have been used to inappropriately tag physicians as “inappropriate prescribers” by pharmacy chains and patients as “doctor shoppers” by some pharmacists. The AMA does not support illegal activity, but a PDMP report, by itself, is almost always insufficient to identify illegal behavior. (13)
While PDMPs can help identify patients receiving multiple prescriptions from multiple prescribers or dispensers, and this behavior is a risk factor for unintentional overdose, we believe the steps to be taken after identifying such individuals are much more complex and require further research and attention. While it is an important variable to quantify, we are concerned that PDMP reports have been used to deny care to patients—by physicians and pharmacies. Physicians are understandably afraid that a PDMP report identifying them as a “top prescriber” will result in investigations by law enforcement or a medical licensing board without taking into account the physician’s patient population. In turn, a patient who has multiple prescriptions from multiple prescribers and/or pharmacies is one who needs treatment, not law enforcement intervention. The AMA urges CDC to support this public health focus. (13)
GERALD KILEY VS DONALD SULLIVAN “I’M BEING PROFILE”
DRUG MEDICATION PROTOCOLS
Dr. Sullivan will testify that it is a well-known red flag that the dispensing of a disproportionate number of prescriptions for the highest strength available for a particular controlled substance is a sign of illicit activity.
Dr. Sullivan has testified that there are “red flags” which pharmacists need to recognize and consider before they dispense a prescription. ” As examples, he testified that pharmacists are “required to do drug utilization review on every prescription * * * before it is dispensed in the pharmacy” to determine whether “doses * * * are too high, duplicate therapy, potential use or misabuse [sic], [and prescriptions are] being filled too soon.” Additional red flags include “[m]aximum doses being seen for every single patient, lack of individuation of therapy, certain patterns from physicians of potential abuse of seeing the same types of controlled substances over, and over, and over, again.”
19. The DEA’s expert Donald Sullivan reviewed the above-referenced prescriptions and concluded that they presented numerous red flags that were highly indicative of abuse and diversion. These red flags could not have been resolved by a pharmacist acting in the usual course of professional practice, and, therefore, each prescription was filled outside the standard of care in Florida. Accordingly, these prescriptions were filled in violation of federal and state law. See 21 U.S.C. § 842(a)(1); 21 C.F.R. § 1306.04(a); Fla. Admin. Code r. 64B16- 27.810.
In addition, the DEA’s expert noted that between January 11, 2018, and July 17, 2018, 100 percent of the oxycodone tablet prescriptions and 87 percent of the hydromorphone tablet prescriptions (approximately 44 prescriptions total) issued by a particular prescriber were for the highest strength available for those controlled substances. The DEA’s expert opined that a pharmacist who was properly exercising his corresponding responsibility would have recognized this and refused to fill most of these prescriptions.
THE CONSEQUENCES DEA’S DR. DONALD SULLIVAN’S FRAUDULENT DRUG UTILIZATION REVIEW AND TACIT BIAS OF GERALD R KILEY’S MEDICAL CONDITION
DONALD SULLIVAN RPH., PHD., AND THE FOLSON AMICUS BRIEF
Jack Folson pharmacist expert:
There are a plethora of double-blind studies that conclude that the combination of several combinations of oxycodone, hydrocodone, gabapentin, cyclobenzaprine, ibuprofen, ketoprofen, alprazolam, temazepam, oxazepam, baclofen, and others have increased efficacy in terms of pain management and the management of comorbidities commonly associated with pain, inflammation, and paralysis. There are competing step care protocols in use in hospitals, home infusion, and community Pharmacy and therefore to criminalize the ones being used in these cases without the benefit of the patient interview or prescriber input would raise serious doubts about this red flag. The current information that the DEA uses to evaluate the use of opioids in the treatment of chronic pain is geared towards primary care practitioners and not specialists. (14)
ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION OF PRONTO PHARMACY LLC AUGUST 23, 2020
ExcessiveDispensing of High Strength Controlled Substances: The DEA’sexpert Donald Sullivan opined that it is a well-known red flag that the dispensing of a disproportionate number of prescriptions for the highest strength available for a particular controlled substance is a sign of illicit activity. TheDEA’s expert noted that virtually all of the prescriptions for oxycodone and hydromorphone that Pronto Pharmacy “compounded” during that time frame were for oxycodone 30 mg immediate-release and hydromorphone 8 mg immediate-release (the highest strengths for these controlled substances).
Dr. Sullivan will testify that a common red flag of abuse or diversion is when a physician prescribes “cocktail medications,” which are combinations of controlled substances that are widely known to be abused or diverted, and which significantly increase a patient’s risk of morbidity or overdose. Dr. Sullivan will testify that Respondent repeatedly dispensed high doses of oxycodone or hydromorphone along with high dosages of other central nervous system depressant medications, such as benzodiazepines (e.g., alprazolam). Dr. Sullivan will testify that these controlled substances are dangerous when used in combination. For example, when opioids are combined with benzodiazepines, a patient’s risk of overdose by respiratory depression increases dramatically. Dr. Sullivan will testify that Respondent repeatedly filled prescriptions without resolving the red flag of “cocktail medications
DRUG COCKTAILS
ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION OF PRONTO PHARMACY LLC AUGUST 23, 2020
Prescribing of Drug Cocktails: A common red flag of abuse or diversion is when a physician prescribes “cocktail medications,” which are combinations of controlled substances that are widely known to be abused or diverted and that significantly increase a patient’s risk of morbidity or overdose. The DEA’s sexpert reviewed numerous prescriptions that were filled by Pronto Pharmacy and concluded that Pronto Pharmacy regularly dispensed “cocktail medications” without addressing or resolving this red flag.
Prescribing of DrugCocktails: A common red flag of abuse or diversion is when a physician prescribes “cocktail medications,” which are combinations of controlled substances that are widely known to be abused or diverted and that significantly increase a patient’s risk of morbidity or overdose. TheDEA’sexpert reviewed numerous prescriptions that were filled by Pronto Pharmacy and concluded that Pronto Pharmacy regularly dispensed “cocktail medications” without addressing or resolving this red flag. Specifically, the DEA’s expert noted that Pronto Pharmacy routinely dispensed high doses of oxycodone along with high doses of benzodiazepines to the same patient. The DEA’s expert opined that this combination of drugs is dangerous when used in combination and is well-known by pharmacists as one used by patients abusing and/or diverting controlled substances. ProntoPharmacy’s lawfully filling of”drug cocktail” medications included the following specific occasions:
DONALD SULLIVAN RPH., PHD., AND THE FOLSON AMICUS BRIEF STORY BEHIND THE ECONOMIC LYNCHING OF BLACK OWNED PHARMACY BUSINESSES BY THE DRUG ENFORCEMENT AGENCY (DEA) IN AMERICA HOW THIS DANGEROUS DECISION BASED UPON BIAS EFFECTS ALL HEALTHCARE (ESPECIALLY BLACK PROFESSIONALS IN AMERICA) by Jack Folson
Jack Folson Pharmacist expert writes:
In this case, the DEA continually referred to combinations of medications as Drug Cocktails, which has no basis in clinical pharmacy nor medicine. It might be a street term but since we as Pharmacists do not operate in the street the use of that terminology is more akin to propaganda than actual medical practice. Many patients with chronic pain have comorbidities and as such require medications to treat other issues. To cherry-pick out two or three conditions and to assign criminality to them without the benefit of knowing what the patient’s condition rises to the height of absurdity and should be discounted. (14)
This video (img_917) shows DEA took Pronto Pharmacy’s computers and screens because DEA expert Donald Sullivan who works 1150 miles from Pronto Pharmacy and 1740 mile from Mr’ Kiley’s home determined he was and abusers. The DEA goal was to put us out of business by seizing our equipment because they deem Mr. Kiley an abuser and he was diverting his medication.
The DEA has no supportive measures to apply further or support their claim that a crime was committed. Their tacit applications can be applied to any and all retail outlets. Whereby the acts and application and their idea of enforcement are so vague, that it strikes at the core values of our law. This agency can no longer be entrusted to protect and serve the citizenry. Their conduct throughout the nation strikes fears in that a law enforcement agency can act at will to claim that a citizen violated the law by merely stating that a specific law was violated. With no supporting facts and or articulations of how the citizens violated the law, this agency acts at will. With little and no restraints. (9)
In 2010, Dr. Sullivan testify in court East Main Street Pharmacy Dr. Sullivan admitted that he had probably not filled a pain medication prescription in approximately twelve years, id. at 977, and that this report represented his first determination that ‘‘a pharmacy is abusing controlled substances.’’ Id. at 990. However, he had previously filled ‘‘probably 1,000’’ prescriptions for oxycodone and thousands of prescriptions for alprazolam.
When asked on cross-examination if he knew what break-through pain is and whether he was aware that Dr. Volkman ‘‘practiced pain break- through type treatment,’’ Dr. Sullivan explained that there is no such separate specialty in pain management and that this ‘‘is when a patient is on a dose of medication and they are having flare-ups in pain, then another drug is given to help on a temporary acute basis to take care of that pain flare.’’ Tr. 1027.
He further stated that such treatment regimens were sometimes seen ‘‘in hospice patients and cancer patients.’’ Id. at 1028. Respondent did not establish that Volkman was legitimately prescribing multiple drugs for this purpose.”
In the video (img_9185-mov)Mr. Kiley states in the video he has other medical conditions that require the use of medications
In the next video (img_9189) Mr. Kiley asked, “is there any place he can go to get his medication filled.”
Mr. Gerald R. Kiley (IMG-9190-MOV) gave me permission to use this video as he wants the world to see his suffering from DEA’s expert Donald Sullivan’s tacit bias.
THE GRAPHIC RESULTS OF DONALD SULLIVAN’S LONG HISTORY OF PROFESSIONAL, ACADEMIC FRAUD AND JUDICIAL PERJURY
The last video (img_9191-mov) supports that why DEA must be Congressional Investigation as they illegally redefine medical procedures and cause patients like Mr. Kiley to suffer unnecessarily because of stigmatization.
CONCLUSION
THE CONGRESS MUST INVESTIGATE AND DEFUND THE UNITED STATES DRUG ENFORCEMENT AGENCY (DEA)
VICE NEWS AUGUST 11, 2020 MANISHA KRISHNAN
According to sociology professor Alex S. Vitale is unambiguous in his assessment of the Drug Enforcement Administration and its stated mission of reducing drug trafficking in the United States: “They have been a 100 percent failure by any measure you can think of.”
Vitale, coordinator of the Policing and Social Justice Project at Brooklyn College and the author of The End of Policing, said the DEA hasn’t saved any lives, nor has it made drugs less available. (8)
The American Medical Association (AMA) June 16, 2020,
“The nation no longer has a prescription opioid-driven epidemic. However, we are now facing an unprecedented, multi-factorial, and much more dangerous overdose and the drug epidemic is driven by heroin and illicitly manufactured fentanyl, fentanyl analogs, and stimulants.
We can no longer afford to view increasing drug-related mortality through a prescription opioid-myopic lens. This is why the AMA continues its aggressive advocacy efforts in support of patients with pain and those with a substance use disorder as well as broad support for harm reduction policies and practices that address the wide range of factors affecting patients. “
DONALD SULLIVAN RPH., PHD., AND THE FOLSON AMICUS BRIEF
“STORY BEHIND THE ECONOMIC LYNCHING OF BLACK OWNED PHARMACY BUSINESSES BY THE DRUG ENFORCEMENT AGENCY (DEA) IN AMERICA HOW THIS DANGEROUS DECISION BASED UPON BIAS EFFECTS ALL HEALTHCARE (ESPECIALLY BLACK PROFESSIONALS IN AMERICA)“
by Jack Folson
MAY 5, 2020
DEA destroyed the data in the Pronto Pharmacy computer these codes, which are no more than 6 characters spread out over 3 different fields cannot be presented. The malfeasance of the DEA could be considered contributory negligence in this case.
Other places that such documentation could be found are on the front or back of the original prescriptions. Not to mention the electronic patient profiles, all of which were available to the DEA but not presented at trial.
ABC NEWS JUNE 18, 2020 BY JUSTIN MUSTAIN
The DEA was first held liable in the early 1980s for discriminating against black agents in salary, promotions, supervisory evaluations and discipline.
Last year, a federal judge in Washington ruled the DEA had run afoul of court orders intended to remove the subjectivity from the agency’s promotion process. U.S. District Judge Emmet G. Sullivan reiterated that the agency owes damages to black agents whose careers were affected by what he called an “unlawful selection device.”
Attorneys for the black agents said they are still trying to determine how much money the DEA owes their clients. The DEA also could owe as much as $12 million in attorneys’ fees.
A half dozen retired black agents told AP that the “good ol’ boy” mentality is so entrenched at the DEA that it persisted even under black attorneys general Eric Holder and Loretta Lynch. They recalled colleagues who faced retaliation and exile for speaking out and said the agency’s failure to diversify has hampered its ability to build trust. (9) (10)
NEW YORK TIMES SEPTEMBER 17, 2018
According to Professor Leo Beletsky and Jeremiah Goulka,
” It is more than clear Congress must take actions to reform or disband The Drug Enforcement Administration (DEA). DEA has had over 40 years to win the war on drugs. Instead, its tactics have fueled the opioid crisis. To finally make a dent in this national emergency, we need to rethink the agency from the bottom up.”
“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.” According to Professor Leo Beletsky and Jeremiah Goulka. (11)
DRUG POLICY ALLIANCE AUGUST 2020
IT’S TIME TO DISMANTLE THE DEA
For nearly 50 years, the Drug Enforcement Administration (DEA) has fueled mass incarceration, wasted taxpayer money, abused its authority, and blocked scientific research.
The DEA was established in 1973 ostensibly to consolidate drug enforcement activities into a “superagency” that would bring together federal drug enforcement resources. In the last 50 years, it’s been a tremendous waste of resources and left a wake of devastation in the United States and abroad. (12)
DEA personnel have repeatedly engaged in unlawful operations, spent lavishly, ignored civil rights, packed federal prisons, and still failed to make a significant impact on drug supply. Meanwhile, Congress has engaged in little scrutiny of the agency, its actions, or its budget.
WASTING TAXPAYER FUNDS
The DEA is the central player in the failed war on drugs. When the DEA was created in 1973, it started with less than $75 million. In the fiscal year, 2020 U.S. taxpayers spent more than $3.1 billion on the DEA. President Trump asked for even more for the fiscal year 2021 – a staggering $3.5 billion, with more than $520 million specifically for its international programs. (12)
What has it done with all that money?
It has facilitated the growth of paramilitary forces on U.S. soil, expanded surveillance, and embedded itself in communities throughout the U.S. and abroad. It has directly participated in domestic enforcement at the local level and even conducted its own research and public propaganda campaigns
Ten percent of its Special Agent and Intelligence Analysts are permanently stationed overseas conducting drug interdiction, including undercover operations, surveillance, money laundering, paying informants, and facilitating arrests. Internationally, the DEA-led drug war has contributed to increased violence in many countries, as well as political and economic instability.
The DEA now has:
- Over 10,000 employees in 23 “field divisions”
- 47 district offices
- 111 “resident offices”
- 58 “posts of duty”
- 90 foreign offices in 67 countries
Its functions, however, are also performed by other federal agencies, including the Federal Bureau of Investigation (FBI), Customs and Border Protection (CBP), United States Postal Inspection Service, the Internal Revenue Service (IRS) Criminal Investigation unit, and the U.S. Coast Guard.
FUELING MASS INCARCERATION AND RACIAL DISPARITIES
More than 20,000 individuals were convicted of federal drug offenses in 2019. Most of those sentences included imprisonment for many years. The average sentence for those convicted of trafficking marijuana was 31 months in federal prison. Sentences for methamphetamine trafficking average nearly 8 years, but many extend for decades.
Half of those in federal prisons are serving sentences for drug crimes. Over 75 percent of those convicted of federal drug offenses in 2019 were non-white people. While people of all races use and sell drugs at equivalent rates, the DEA and the drug war have targeted communities of color, producing profoundly unequal outcomes across racial groups.
And the DEA’s influence does not end at the gates of federal prisons. Its support for local drug-war policing has helped grow the number of people in state prisons and jails from around 36,000 people in 1980 to nearly 375,000 in 2017. This is costing taxpayers billions for incarceration and far more in collateral consequences to individuals who face barriers to housing, employment, education, and public assistance. All of this is causing further harm to the broader economy.
ABUSING ITS AUTHORITY
At its inception the DEA was tasked with classifying drugs and establishing controls on them. Instead, it has ignored scientific evidence and blocked research into the medical benefits of certain drugs, including marijuana. It has also fostered a culture of sidestepping the Constitution and failing to protect human rights.
Repeatedly the DEA has been found to have abused its authority. The agency has a history of human rights abuses, lavish payments to confidential informants, and surveillance of Americans with no suspected connection to illegal drug activities.
Over the years the DEA has rarely been held accountable for its scandals and the misconduct of its agents. Some of those scandals in the past decade have included:
Exorbitant Payments to Confidential Informants
A 2016 audit revealed the DEA paid 18,000 informants $237 million over five years. The informants operated with little oversight or review of the reliability of their information.
Bulk Collection of Phone Records
The DEA secretly and without explicit authority tracked billions of international phone calls made by U.S. residents for decades. The Justice Department Inspector General in 2019 raised numerous concerns about the DEA’s suspicionless surveillance of American’s phone records.
Tapping Phone Calls and Text Messages with Little Scrutiny
DEA agents went around federal courts and prosecutors to routinely get wiretap authorization from one local court. At one point this was the source of one-fifth of all U.S. wiretaps.
Lack of Supervision and Accountability of Agents
DEA agents reportedly received money, gifts and weapons from Colombian drug trade organizations. This included participating in parties with sex workers hired by these organizations. Most concerning is that DEA officials were not fully compliant with the Inspector General investigating the allegations.
Gross Neglect in the Handling of an Improperly Detained Person
DEA agents detained 23-year-old student Daniel Chong, but then left him locked in a windowless cell with no food or water for five days. He drank his own urine to survive. The DEA eventually paid $4.1 million to settle a lawsuit. The most significant sanction for the personnel involved included a 7-day suspension. (12)
Other incidents over the years have raised similar questions about the DEA’s practices, including:
- Undercover agents laundering money for international drug organizations as part of investigation tactics with insufficient safeguards
- Seizures of assets with no connection to drugs
- Suspicious circumstances surrounding the in-custody death of a man suspected of a drug sale
For too long the DEA fostered a culture of ignoring the law and tolerated abuses of power. It has rarely been forced to account for the misconduct.
LACK OF RESULTS
The DEA’s rogue practices have not only undermined the rule of law, they have also failed to deliver their intended result, cutting off the supply of drugs. Even as its operating budget has swelled and it sent a steady stream of people to prison, increasing violence and instability at home and abroad, the supply of drugs entering the United States has never significantly declined. (12)
According to the DEA’s own “2019 National Drug Threat Assessment” the “opioid threat (controlled prescription drugs, synthetic opioids, and heroin) continues at ever-increasing epidemic levels, affecting large portions of the United States” and “The stimulant threat (methamphetamine and cocaine) is worsening and becoming more widespread.”
After billions of dollars spent on their futile drug war, drugs remain cheap, potent and widely available.
A New Approach: Defund and Reinvest
For too long the DEA has abused its powers, misspent taxpayer funds, fueled mass incarceration, and ignored civil rights.
It’s time to dismantle and abolish the DEA. We need to pivot to a health-based approach to address addiction and improve social conditions that contribute to problematic drug use.
THE CONGRESSIONAL COMMITTEE ON GOVERNMENT OPERATIONS, COMMITTEE ON THE JUDICIARY, CONGRESSIONAL BLACK CAUCUS MUST BEGIN INVESTIGATIONS TO PUT AN END TO MEDICAL APARTHEID IN THE UNITED STATES OF AMERICA AND STOP THE TARGETING OF BLACK PHARMACIST AND DEFUND THE UNITED STATES DEPARTMENT OF DRUG ENFORCEMENT (DEA) IMMEDIATELY
FOR NOW YOU ARE WITHIN THE NORMS
END NOTES
2. https://www.deadiversion.usdoj.gov/fed_regs/actions/2010/fr1027_3.htm
3. otsc-order-to-show-cause-immediate-suspension-of-registrationOrder to Show Cause Pronto Pharmacy “Imminent Danger to Public Safety
4. Exposing the Rise and Mission of the filter negroe, https://youarewithinthenorms.com/2020/06/18/of-role-models-and-invisible-men-exposing-the-rise-and-mission-of-the-filtered-negroes/
5. https://www.govinfo.gov/content/pkg/FR-2010-10-27/pdf/2010-27096.pdf, pg. 6157 Judges footnotes; Donald Sullivan background, testimony history of misrepresentation, case#09-48, East Main Street Pharmacy, Columbus, Ohio,
6. Pronto_Recommended-Rulings-copyJudge-down_recommended_ruling/may 5,2020
10. https://abcnews.go.com/US/wireStory/retired-dea-agents-agency-legacy-discrimination-71326557
https://docushare-web.apps.cf.humana.com/Marketing/docushare-app?file=3524820 Every Pharmacy system in America has the ability to track override codes.
11. https://www.nytimes.com/2018/09/17/opinion/drugs-dea-defund-heroin.html
12. https://www.drugpolicy.org/DEA
13. AMERICAN MEDICAL ASSOCIATION JUNE 16, 2020, https://searchlf.ama-assn.org/undefined/documentDownload?uri=%2Funstructured%2Fbinary%2Fletter%2FLETTERS%2F2020-6-16-Letter-to-Dowell-re-Opioid-Rx-Guideline.pdf
14. https://youarewithinthenorms.com/2020/06/09/the-folson-amicus-brief/
