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NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., WALTER F. WRENN III., MD., JULIE KILLINGWORTH, LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
“WE ARE NOT POWERLESS AND THROUGH OUR VIDEOS, WRITINGS, AND PHOTOGRAPHS WE WILL EXPOSE THE ABUSES AND TYRANNY OF UNITED STATES DRUG ENFORCEMENT AGENCY
JUST AS THE VIDEO WAS RECORDED BY THE CELL PHONE CAMERA OF YOUNG DARNELLA FRAZIER, BORE WITNESS TO THE MURDER OF GEORGE FLOYD THE BLOG youarewithinthenorms.com BARES WITNESS AND BOTH ALLOWS THE SYSTEM TO BE HELD ACCOUNTABLE”
Efforts to Subjugate
The DEA conducted devious and deceptive means to gain entry into African American own and operated pharmacies. In several incidents, the members of the DEA appeared as inspectors, and in other entries, they appeared as law enforcement. The Warrant for Inspection lacks sufficient means to establish probable cause. To obtain a Warrant for Inspection, the DEA Agents only need to establish ‘Reasonable Cause.’
What is most disastrous, the DEA Agents have full knowledge that no elements of probable cause exist when they obtain the inspection warrant.
The DEA agents used methods of inspection to gain warrantless entry into pharmacies. Once inside the DEA had two choices to make. To gather evidence then get a warrant based on what they confiscated and or observed. If the pharmacist denied the DEA Agents entry, the agents walk away and seek out a search warrant based on the perceived information.
Norman Clement, the owner-operator of Pronto’s Pharmacy denied the DEA entry on the inspection. Three months later, the DEA returned with a search warrant.
Knowing that in many situations involving inspections, the DEA uses this technique to gain entry. If the owner refuses to allow the inspection, the DEA Agents later return with a search warrant. However, in both the search warrant and warrant for inspection the element to establish probable cause and or reasonable suspicion is lacking.
In essence, the DEA is conducting a ‘Choice Warrant’ whereby they select an African American-owned pharmacy. They apply to the US. Criminal codes justify a search to confiscate and enter.
Under Sec. 1316.07 the Requirement for Administrative Inspection Warrant,
In all cases where an inspection is contemplated, an administrative inspection warrant is required under section 510 of the Act (21 U.S.C. 880), except that such warrant shall not be required for establishments applying for initial registration under the Act, for the inspection of books and records pursuant to an administrative subpoena issued in accordance with section 506 of the Act (21 U.S.C. 876) nor for entries in administrative inspections (including seizures of property):
(a) With the consent of the owner, operator, or agent in charge of the controlled premises as set forth in 1316.08;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances where there is reasonable cause to obtain a warrant;
(d) In any other exceptional or emergency circumstance or time or opportunity, to apply for a warrant is lacking; or
(e) In any other situations where a warrant is not constitutionally required.
The tactics of the DEA give carte blanche in accessing any facility without limitations or restrictions.
Racial indifference is Corruption
In the administration Warrant for Inspection for Lincourt Pharmacy, Clearwater, Fl., Gulf Med Pharmacy, Cape Coral Florida, AARRIC Pharmacy, Ft Myers, Fl., and Oak Hill Hometown Pharmacy, Oak Hill West Virginia on both inspection warrants, there were variances in the application.
The ARRIC inspection warrant, “Arricc’s DEA COR should be revoked, and any pending application should be denied because AARRIC has committed such acts as would render its registration inconsistent with public interest under 12 U.S.C 823(f) see 21 U.S.C 824(a)(4).
OHHP inspection warrant, “OHHP DEA COR should be revoked, and any pending application should be denied because OHHP has committed such acts as would render its registration inconsistent with the public interest as that term is defined under the Controlled Substance Act, See 12 U.S.C 824(a) see 21 U.S.C 823(f).
In both inspection warrants, the DEA presented the exact document with only a slight variance in the wording. In either of the statements. The DEA has not articulated the facts to support an investigation to establish probable cause and or reasonable suspicion.
The Search and Seizure Warrant issued for Pronto’s Pharmacy was more structured as an administrative warrant for Inspection. This search warrant lacked sufficient cause to support the probable cause and or reasonable suspicion. As such in both Administration inspection Warrant and the Search warrant, there were demands on what to seize.
Wheatland Pharmacy; Decision and Order
On November 3, 2009, a DEA Diversion Investigator (DI) conducted a pre-registration investigation of the Applicant. GX B, at 2. On November 13, 2009, the Applicant was issued a DEA Certificate of Registration FW1734309, which authorized it to dispense controlled substances in schedules II through V as a retail pharmacy. GX 2.
“Ms. Clark told a DEA Diversion Investigator (DI) that she had contacted the PA and was told that the prescriptions were valid. GX B, at 2-3. However, the DI later determined that Ms. Clark’s statement was false. Id. at 3. During the conversation, the DI advised Ms. Clark that “she could decline to fill such prescriptions” and also reminded her “of a pharmacy’s corresponding responsibility” under the Controlled Substances Act. Id”.
In either case Oakhill pharmacy, ARRIC pharmacy, or Pronto’s Pharmacy it is not stated within any document or testimony that a pre-registration investigation took place. No indication of any surveillance, criminal interviews of witnesses, or perpetrators to determine or establish that a criminal act by either pharmacist or pharmacist staff took place.
Most withstanding within the acts of the DEA are the clams that people drive distances to obtain medication. The DEA classifies this as a Red Flag.
The actions of DEA were gross negligence in that this agency sought to enter and secure records and then cause the individual pharmacies to shut down. The DEA then causes the loss of licenses by fabricating a case to support false allegations.
It was clearly shown that “Dr. Sullivan never reviews the seized prescriptions’ records.
The expert opinion is that the above was an apparent attempt to mask scores of improper opioid prescriptions. The relevant medical records were not reviewed; the prescriber’s justifications for the prescriptions were not considered by Dr. Sullivan, nor was the patient’s input as to the subject prescriptions considered. I find Dr. Sullivan’s subject opinion, based on this record, to be improperly speculative and unjustified as an expert opinion.”
Therefore, the development of probable cause was based on a contrived rationale that a crime or sets of crimes were committed, based on a GOOGLE search. However, there are no reasonable rational thoughts of criminal acts to support the DEA accusations.
Through the negligence of the DEA not to consider or investigated the patient and to determine why they responded to a Florida pharmacy. Had the DEA not used Google Maps to determine the distance a person drove and had they investigated the actual reasons they could have discovered something different.
Perhaps a possible reason for driving to a Florida pharmacy. The DEA never considered that “Florida’s tourism industry was responsible for welcoming 131.4 million visitors in 2019. Based on the latest economic impact study, Florida’s visitors contributed $91.3 billion to Florida’s economy and supported over 1.5 million Florida jobs in 2018. According to the Office of Economic and Demographic Research, for every $1 the state invests in VISIT FLORIDA; $2.15 in state tax revenue is generated.”
What the DEA did was rely on a non-governmental investigative tool and applied, and the assumption that a violation took place.
We must bear in mind the DEA applied canned techniques in both ARRIC Pharmacy and Gulf Med Pharmacy to support their acquisitions that African American Pharmacies are drug dens.
The DEA listed and name a licensed medical and pharmaceutical practice as Cocktail Medications. Without medical and scientific reasoning, the DEA claimed that both ARRIC Pharmacy and Gulf Med Pharmacy created a mixture of drugs so that their combined effect would be more potent than that of any of the drugs used individually. The DEA agents failed to display testimony from the medical experts who examined and or interviewed the prescriptions and or patient. The DEA can neither express knowledge that any patient suffered harm in any matter after an examination nor after receiving their prescription from a pharmacist.
The DEA wrote in both ARRIC Pharmacy and Gulf Med Pharmacy administration inspection warrants,
As discussed above, both federal and Florida laws require identifying and resolving red flags of abuse and diversion. See paragraph 4, supra. One common red flag of drug abuse or diversion is when particular prescribes “cocktail medication” Cocktail medications are combinations of controlled substances that are widely known to be abused or diverted, and when taken together create or enhance abusive or euphoric effects but also significantly increase a patient’s risk of death or overdose. The DEA’s expert concluded that ARRIC regularly dispensed such cocktail medication without addressing or resolving this red flag.
Neither the State of Florida nor the Federal Government has any Red Flag Pharmaceutical laws. Nor have the DEA agents or its experts expressed a reasonable cognitive expressive knowledge of the facts of a licensee’s pharmaceutical functions and sales.
The DEA agents stated, “Cocktail medications are combinations of controlled substances that are widely known to be abused or diverted, and when taken together create or enhance abusive or euphoric effects, but also significantly increase a patient’s risk of death or overdose.”
The DEA Agents and its experts failed to document on paper and in court the death rates and or drug overdose rates created by ARRIC, Gulf Med, Pronto’s Pharmacy, or any other licensed pharmaceutical facility.
With just a brief review of the Warrant for Inspections and Search Warrant it becomes clear that the federal government has unleashed targeted attacks upon African American owners/operators of licensed pharmaceutical facilities.
1306.04 Purpose of issue of prescription.
(a) A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner.
THE SAGA NIPSEY HUSSLE AND BLACK-OWNED BUSINESSES
On March 31st, 2019, a well-known Los Angeles rapper Nipsey Hussle was gunned down in front of his Marathon Clothing Store, which was located in a strip mall he and his family-owned in Crenshaw. Nipsey Hussle was not only a rapper but an established businessman that was doing a great service to his community. He was killed by a man named Eric Holder aka “Shitty Cuz”. Shitty Cuz was a none informant and has a record of cooperating with police officers.
There were claims that the strip mall that Nipsey Hussle and his family owned was “prime real estate” and he refused to sell the property because it meant a lot to the community.
Going back to other informants in the 1960’s we can take a look at William O’Neal, who gave the floor plans, from the Illinois chapter of the Black Panther Party house where Fred Hampton stayed. This led to the Chicago Police Department killing Hampton in his sleep along with Mark Clark.
William Oneal provided the logistics to Fred Hampton. Our goal rectifies the process of stigmatizing Black-owned Pharmacies as the common street dealer. We see this in Houston, Turkey leg Hut. Watchful eyes on Malcolm X, Muhammed Ali,
Now comes, Richard James Albert so-called Diversion Investigator, he is even more detrimental to the communities they are agents of suppression. The Diversion Investigator (Richard James Albert)from the transcript of his court testimony on January 28, 2020, in Tampa Florida did absolutely No investigation had no understanding of Pharmacy neither did he have to do any investigation or have knowledge or for that matter need knowledge of anything his mission was that of The Sambo the one who is kept ignorant to keep watch over the others, especially those are learned and knowledgeable in their trade.
A study of policing in communities
His mission is to watch their report on them and to destroy them. procedures in consulting with the Physician, or the patient, and Judge Mark Dowd knew that because he was asking the questions. (see pg 124 through 135)
Dowd may have thought he was helping the DEA however he expose the critical flaws in that the raid on Pronto and the warrant was a racially motivated fraudulent event. In his response, Dale Sisco clearly pointed out the flaws in Albert’s testimony and Judge Dowd chose to ignore these important findings of DEA’s fraudulent investigation.
They knowingly falsified the warrants because there was no investigation by DEA Diversion Investigator Richard James Albert. Richard James Albert’s mission to accomplish the goals of his handlers John Beerbower, and Susan Langston, aim to destroy Pronto Pharmacy’s economic well-being. When one examines the DEA’s methodology in handling black-owned pharmacies, they used similar patterns of investigation to remove the Federal certificates.
Let it further be clear, patients being treated for chronic pain who travel to a Black-owned pharmacy are “RED FLAGS” to 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 same payment methodology, the fictitious label of “red flags” does not exist.
This is a brief part of Investigator Albert’s Testimony
According to Drug Policy Alliance “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. “
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.
“According to the AMA, 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 drug epidemic driven by heroin and illicitly manufactured fentanyl, fentanyl analogs, and stimulants”
Civil Rights, U.S. Attorneys Middle District of Florida https://www.justice.gov/usao-mdfl/civil-rights
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