“Retired Neonatologist Keith Kanarek MD, Tampa Florida points out they operate under think and feel rather than fact-based on a foundation of science.“
Norman J Clement, Aaron Howard, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.
THE CONGRESS MUST INVESTIGATE AND DEFUND THE UNITED STATES DRUG ENFORCEMENT AGENCY (DEA)
AMERICA IS BETTER THAN THIS!!!
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
THE DEA’S AMAZING DOUBLE STANDARD
There has been a clouded narrative in which under this Trump Administration it has permitted the DEA to overly abused pharmacies, especially those owned by African Americans. For almost the first time since reconstruction, vagrancy laws, pig law history the DOJ and courts have an unwritten blanket policy that has no limitations and or barriers. The imminent danger clause being used has empowered the DEA/DOJ to become super predators, only this is in regards to professional black own pharmacies because IMMINENT DANGERS has now been ill-define. (14)
These Black-owned pharmacies fall well within the foundation of the American System of Caste, “The Origins of Discontent,” described by author Isabelle Wilkerson, “where their degraded station justifies their degradation, as they are consigned to the lowest, dirtiest jobs and thus were seen as lowly and dirty and everyone in the caste system absorbed the message of their degradation.” (8)
These pharmacists are then perceived as arrogant, uppish, public health threats, imminent dangers, and their certificate of control registration suspended for allegedly ignoring red flags in filling narcotic analgesic medications. However, DEA’S actions are fraudulent while the Pharmacies who become victims, can only watch, the very patients who have been tagged as red flags at the black own pharmacies will have the same prescription(s) from the same prescriber using the same payment methodology, filled at a non-black owned pharmacy and the DEA says nothing; this is an amazing double standard. The DEA’s intent appears to reflect the mindsets of its creators like “Richard M. Nixon President of The United States” to destroy Black Society along with Blacks-owning pharmacies. (2)
WALMART PHARMACIES VS UNITED STATES DRUG ENFORCEMENT
When the Black Pharmacists formed together to expose the targeting of their establishments by the DOJ/DEA, they got even more clever and filed an unjustified complaint against Wal-Mart Pharmacies. Our group has developed strong evidence these actions were done by DOJ/DEA as a deflection stunt in order to disguise from the American Taxpayer that their aberrant behaviors are not solely targetted at any one group, particularly black pharmacy owners. DEA will argue they are just doing their job to the Public. We of course “No Better.”
CONGRESS MUST INVESTIGATE!!!
AMERICA IS BETTER THAN THIS!!!
DEA: THE CRIMES OF A BLACK-OWNED PHARMACY, PUNISHED FOR PAYMENT OF THEIR SERVICES
Black-owned pharmacies are punished by DOJ/DEA for being paid for their services they render to their patients. One cannot ignore race or the factors of race in the decision-making process or ignore the economic injuries when Black healthcare providers are reimbursed by third-party insurance payers differently based solely on zip codes. 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 practices can sustain economic stability.
Yet, the United States Drug Enforcement Agency (DEA) will prosecute black pharmacist and black-owned pharmacies for accepting cash as a form of payment. (9),(10) The problem here directly falls on the incompetents of the DEA and their private vendors (Appriss Health) who have failed to develop the software of the Prescription Drug Monitoring Program (PDMP) which can distinguish when a person pays in cash, credit card, or debit.
Norman J Clement, Aaron Howard, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.
GARBAGE IN IS GARBAGE OUT, THE DEA PDMP SYSTEM IS SO SERIOUSLY FLAWED IT MUST BE DISCARDED
(Falsus in uno, falsus in omnibus)
The most serious and conspicuously flawed component found within the PDMP SYSTEM is its inability to distinguish between payment entities such as cash, check, credit, or debit cards. For example, if a person(s) were to pay by debit card for their control medication(s) it is recorded within PDMP as a cash payment. If a person(s) were to use a credit card as a form of payment, this too will be recorded within PDMP as cash. While these are considered normal retail transactions of commerce, this major flaw is being criminally enforced by the United States Drug Enforcement Agency as “excessive Cash Payments“: (13)
- The Pharmacies will likely be red-flagged for excessive cash payments by DEA and they will determine all control prescriptions to be illegitimate.
- The DEA will further charge the Pharmacy with drug trafficking.
- The “cash limits” are arbitrarily set by DEA, and since when is it within the mission of the DEA to set credit card, debit card, and cash limits?
- More importantly, where is the law and when did it become unlawful to accept payment specifically of pharmacies by credit card, debit card, or cash?
- Do such laws apply to a physician’s medical offices, dental offices, hospitals, and where is the requirement that patient payments are mandated by a percentage of third-party reimbursement?
FRAUDULENT MISREPRESENTATION OF WARRANTS
DEA diversion investigators were often confounded when a black owned pharmacy possessed the sophistication of separate clean rooms, and having the capabilities of compounding of non sterile and sterile medications. The DEA agents would often question the pharmacist, pharmacy employees as to where and when they learned their compounding procedures. The Black-owners, complained DEA agents then excessively showed-up with various warrants at least 6 to 8 times, demanding records and including physically searching their stores.
The DEA’s administrators and legal counsel then will-have cleverly and maliciously changed pharmaceutical terminology, and medical diagnostic protocols to classified these businesses as “Imminent Dangers and threats to the Public.”
These warrants issued against all black pharmacies are a fraudulent misrepresentation of warrants. How could this be allowed by incompetent federal judges who have turned the other cheek knowingly and willing to do the dirty work of the DEA and to forgo constitutional protections?
Norman J Clement, Aaron Howard, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.
FIGHTING THE GOOD FIGHT
The professional organizations and state licensing boards have become basically powerless and useless in mounting a defense in protecting healthcare practitioners from these types of incursions upon their Pharmacy businesses. The Professional Organizations and Licensing Boards have all but abandoned the small retail pharmacies leaving them to fight on their own. Despite the absurdity of DEA’s claims, professional organizations and state licensing boards further failed to act in any cohesive manner against these abuses, and more than likely when they do respond their action(s) are slow, irresolute, and wavering.
The Black professional Organizations, will quietly pull one to the side and say,
“Yeah but you know how it is”
They in reality have accepted what has been consigned to them by the dominant caste which has comfortable assign decades of generational up-and-coming black healthcare providers in all professions to “Stratification Economics.” (8)
We must ask as each African American Pharmacist is raided and shut down, has the so-called opioid crisis been abated? Non-black-owned own Pharmacies are filling 95% more narcotic and control medications than the Black-own pharmacies. Therefore Practicing Pharmacy while Black is real and is no mistake.
Norman J Clement, Aaron Howard, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.
CONGRESS MUST INVESTIGATE!!
THE TARGETING
Jim Mustian of Associated Press wrote in April 2020, “Is it any surprise that a government administration set up for the primary purpose of incarcerating minorities would be racist toward Black people working for it.” Yet, the DEA has survived by fighting against any head who questions their methods. They have even survived by attacking their own bosses or have found a way to conveniently removed them when they may get too close to the truth of their own illegal practices. (1)
Congress Must Investigate!!!
The below 2017 C-span video of Former Utah Senator Orin Hatch on the US Senate floor. Senator Hatch exposes the behavior of DEA and DOJ. This video further exposes the prevailing nature of DEA/DOJ abuses in targeting Black-owned pharmacies:
Former Senator Hatch on DEA and Opioid Crisis and Abuse| C-SPAN.org
https://www.c-span.org/video/?435395-3/senator-hatch-dea-opioid-crisis
“Falsus in uno, falsus in omnibus”
The DEA has and is failing America as they systematically focus their attention on Black-owned pharmacists, while they are missing the real drug trafficking problems. Today, the DEA claims there is a drug epidemic problem in America, however, President Richard Nixon’s invention of the “War on Drugs” as a political tool was cynical, but every president since — Democrat and Republican alike — has found it equally useful for one reason or another.” (2)
THE DRUG ENFORCEMENT AGENCY (DEA) ” IN THE BEGINNING THERE WAS RICHARD M. NIXON PRESIDENT OF THE UNITED STATES”
The DEA lacks a moral compass. The agency further lacks the ability to clearly see that African American agents and the African American pharmaceutical community are people. Their bias-based policing is a directive assault upon the criminal justice system and African American pharmacist. The power and enforcement ability of the DEA has allowed this agency to apply unrestricted acts upon African American pharmacists. If the DEA mistreats its Black employees with disdain then it is even more believable the agency has greater disdain for Black-own pharmacies. Thus the action of the DEA is an act of terrorism upon African American pharmacists and has become a present danger for America. How can DEA fairly administer and enforce drug policies and laws? If this agency is not stopped, how far will they go?
According to Erik Sherman of Harper Magazine, reporting on an interview by Dan Baum of Richard Nixon’ s “War on Drugs.”
It is April 2016, writer Dan Baum, interviewed John Ehrlichman Nixon’s Domestic Policy Adviser, Ehrlichment explained, the purpose behind Nixon’s War on Drugs:
” The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. Do you understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course, we did.” (2)(3)
The United States Department of Justice has been turned into a private system of injustice to targeted Black people, in particular, its leadership class and educated professionals. They introduced, promoted, and controlled through law enforcement, non-medical narcotic analgesic analogs (heroin), analogs of cocaine (crack) then arrested, convicted, and imprisoned all to suppress progressive thought an action. One should note this strategy is not new. It was used by England against China that led to the Boxer War (Yihequan) for the same purpose, to suppress progressive thought and action. (15)
According to Erick Sherman, the drug war was an excuse to lock Blacks and protestors up:
“The realization that Nixon turned the U.S. justice system into a private army to punish those who didn’t love him for too many good reasons is shocking. That this is news today, and that the mechanisms once started as a personal vendetta continue to crush people born to the “wrong” parents, should be nauseating.“
They have created a slippery slope of analysts to justify moving in under public health threat, probable cause a simple close examination of the Order to Show Cause (OTSC) or record shows no the warrants to be Fraud defected. The question becomes how is it they been able to get away with this for so long.
Erick Sherman Writes:
“And so, the United States government developed a major policy, with massive implications on spending and societal impact, to declare that two classes of people should be destroyed, locked up if possible, for the convenience and pleasure of people in power. The justice system was warped into a private enforcer.”
CONGRESS MUST INVESTIGATE!!!
Norman J Clement, Aaron Howard, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.
THE DEA IS OUT OF CONTROL
The DEA is out of control, while they attack and discriminate against black-owned pharmacies and their own employees from within the agency. The DEA enforcement practices are such that agents prepare warrants to fit a scenario and narrative based on a notion that African American Pharmacists are committing crimes, even though no criminal activities are taken place. It is clearly obvious the culture of the DEA is race-based. The ability of the DEA to enforce the laws adequately and accurately is lost. Therefore, it stands to reason if the DEA discriminates from within, it discriminates with enforcement. (4)(5)(7)
These same behavior sets are found within society are expressed within the DEA itself. African American employees are systematically denied promotions through the systemic race bias in promotionally a system to the detriment of black agents. We can clearly see that within the DEA, there is a culture of deceit. From within to levels of enforcement, on the streets, the culture of indifference is expressed within the DEA’s enforcement practices.
According to ABC News Jim Mustian of Associated Press and the Baltimore Sun-Times Justin Fenton June 18, 2020;
The group of retired agents said in a statement sent to news organizations this week that Attorney General William Barr was out of touch with racial disparities that permeate not only local police departments but federal law enforcement. (5) AG William Barr has chosen to bury his head in concrete.
“This is a culture,” said Karl Colder, who previously oversaw the DEA’s Washington field division, served on the agency’s diversity committee and was one of 76 former agents involved in drafting the statement. “You still don’t have African Americans in positions to really monitor and ensure things are equal.
Gary Tuggle, who was a special agent in charge of the Baltimore field office and served as interim Baltimore Police commissioner in 2018, said he thinks the problem has worsened in recent years.
Ernie Howard, who was the special agent in charge in Houston from 1997 to 2001, said there is “not an even playing field.”
“The DEA hasn’t had an African American female special agent in charge in years,” Tuggle said. “That’s ridiculous.”
June Werlow Rogers, who previously led the DEA’s New England field office from 2002 to 2008. “I’m really glad we’re at a point now where people are listening, but in order for us to change things, we’ve got to change minds and hearts.”
” Rogers recalled while an agent in Baltimore she was pulled over and questioned despite showing her DEA credentials until a white DEA supervisor intervened and that a magistrate judge once confused her for a defendant in court.“
We can easily relate with former Agent Rogers and share our experience, Transcripts from January 28, 2020, DEA v Pronto Pharmacy LLC Tampa Florida. DOCKET 19-42, before Judge Mark D. Dowd held in Tampa, Fl. (12)
“I MEANT THE MONKEY”
Jim Mustian of Associated Press further reported and wrote:
At the Drug Enforcement Administration’s Training Academy in Virginia last year, an instructor on the firing range called out a name that was shared by two trainees, one Black and one white.
When both responded, the white instructor clarified, “I meant the monkey.”
That behavior, as alleged in an internal complaint, didn’t stop there. The instructor also was accused of going on the loudspeaker in the tower of the outdoor firing range to taunt black trainees by making “monkey noises.”
The instructor, Special Agent Jay Mortenson, was “removed from his post on the firing range. But to the disappointment of the recruits, he was not disciplined before retiring.”(1)(8)
Meanwhile, the growing cost of the drug war is now impossible to ignore: billions of dollars wasted, bloodshed in Latin America and on the streets of our own cities, and millions of lives destroyed by draconian punishment that doesn’t end at the prison gate; one of every eight black men have been disenfranchised because of a felony conviction.
CONCLUSION
We all know of the slippery slope and law enforcement when they break rules. As the confidence of the agency grows from discrimination from within to discrimination upon African American Pharmacists, where will this stop? The DEA is broken.
Norman J Clement, Aaron Howard, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.
CONGRESS MUST INVESTIGATE!!!
FOR NOW, YOU ARE WITHIN
THE NORMS
END NOTES
- https://boingboing.net/2020/10/16/dea-instructor-called-black-recruit-a-monkey-and-made-monkey-noises-at-black-trainees.html
- https://harpers.org/archive/2016/04/legalize-it-all/
- Such is how Ms. Breonna Taylor was murdered having been erroneously targeted in an illegal raid by law enforcement. These types of illegal targeting occur too frequently and have remained hidden from the Public. Congressional Oversight must expand to the illegal activities of the DEA, Now.
- https://youarewithinthenorms.com/2020/09/30/the-united-states-department-of-justice-united-states-drug-enforcement-administration-great-fentanyl-misinformation-campaign-during-the-covid-19-pandemic-congress-must-act-now-to-defund-the-dea/
- ” It has been said many times, there are two systems of Justice in America… however, we must include the third system of injustice, FOR UPPITY, ARROGANT NEGROES. THOSE WHO DARE TO BECOME EDUCATED IN MEDICINE. Let it further be clear patients being treated for chronic pain who travel to a Black-owned pharmacy are called “RED FLAGS” by Don Sullivan 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.”
- https://youarewithinthenorms.com/2020/09/30/the-united-states-department-of-justice-united-states-drug-enforcement-administration-great-fentanyl-misinformation-campaign-during-the-covid-19-pandemic-congress-must-act-now-to-defund-the-dea/
- THE FRAUDULENT WORK OF THE OHIO STATE UNIVERSITY PHARMACY PROFESSOR DONALD SULLIVAN AND WHY HE MUST BE TERMINATED
https://youarewithinthenorms.com/2020/10/04/the-fraudulent-work-of-donald-sullivan-phd-the-ohio-state-university-college-pharmacy-professor-of-ethics/ - Caste: The Origins of Our Discontents, April 2020, pg. 128-129, Wilkerson, Isabelwilkerson.com
- Oak Hill Pharmacy, Oak Hill West Virginia; https://youarewithinthenorms.com/2020/01/05/federal-judge-stops-dea-once-again-in-oak-hill-pharmacy-wv-ruling/
- OF ROLE MODELS AND THE INVISIBLE PEOPLE: THE ALGORITHM OF MEDICAL APARTHEID, A SUMMARY, August 3, 2020https://youarewithinthenorms.com/2020/08/03/of-role-models-and-the-invisible-people-medical-redlining-and-payments-by-the-zip-code-a-summary/
- ALGORITHMS OF MEDICAL APARTHEID, by Michelle Alexander MD., https://youarewithinthenorms.com/2020/08/12/the-algorithms-of-medical-apartheid-of-role-models-and-the-people-made-to-be-invisible/
- THE WITNESS (DEA Richard James Albert):
“Mr. Clement, one question. When you served that document on the pharmacy, were these printed out for you at that time, or were these maintained at the pharmacy in a logbook, or do you know where these actually came from?
THE WITNESS(DEA Richard James Albert):
But one c o r r e c t . I‘m Mr. Albert. You called me Mr. Clement.
JUDGE DOWD: Oh, I’m sorry. Excuse me. It’s old age creeping up. “Old Age,”
13. Order to Show Cause Pronto Pharmacy: CASH: Excessive Cash Payments: The DEA’s expert 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 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.
The DEA’s expert 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.
14. The Pig Laws of where implemented when reconstruction collapsed:
15: Yihequan or Society of Righteous and Harmonious Fists: fought courageously against Westerners mainly British (foreigner) who use opium to impose there will upon the People and resources of China, resulting in what is paraphrase as a “Century of Humiliation, which was overcome by Mao SeTung, Cho Enli, and many other heroes who sacrifice their lives to erase this foreign stain from their soil,1948 and rebuild their great culture.
