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DEPARTMENT OF JUSTICE DEPARTMENT WAR ON DRUGS AND THEIR CREATIVE PROSECUTIONS OF MEDICAL PROVIDERS
Like his predecessors Jefferey B. Session, and William Barr, Attorney General Merrick Garland has been an absolute failure in regards to protecting people from abuses of illicit non-medical counterfeit opioids coming into this country killing thousands.
Instead, he too (like his predecessors) has chosen to focus his attention on medical physicians, pharmacists, and dentists to wage their “War on Drugs” through a scheme of creative prosecutions in which “the once art of medicine has become a complicated algorithm,” of lies and deceptions.
Or that Black physicians are but 4% of the overall medical population in America and physicians of India/Pakistani make up 6 % of the USA practicing population. Blacks make up a whopping 33% of those being sanctioned and are targeted for criminal behaviors.
From Washington Post 2017:
While India/Pakistani physician targeting rate runs about 17%. When Added together these doctors represent nearly 50% of those being sanctioned or targeted by the DOJ accused of some sort of medical malfeasant resulting in loss of professional licensure.
Like his predecessors AG Garland’s DOJ has been very busy defending the interest and misdeeds of wealthy third-party insurers who are bilking providers of billions, denying patients claims for specific disease states, all while they are cheating the American public by not paying their fair share of taxes; Congress does nothing.
Medical organizations and their governance board such as example the Nation Medical Association have chosen to remain silent as they wait on permission to speak.
Attorney-General Garland seems to have more than enough lawyers in his stable, needing to pad their legal resumes of the scalps of medical low-hanging fruit such as physicians, small independent pharmacies, and nurse practitioners but clam up, at prosecuting drug cartels, or insurrectionist master mining the overthrow of the elected United States Government.
why?
The ultimate victims will be the collapse of the entire American healthcare system, where patients suffering from diseases such as sickle cell, ALS, or injury causing intractable pain will needlessly suffer. Linder vs. the USA has been the law of the land for 97 years.
IT’S TIME FOR JUDGE GARLAND TO END THE WAR ON DRUGS OR STEP DOWN !!!
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.
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.
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. “
THE AMAZING DOJ-DEA DOUBLE STANDARD
How hardheaded & stubborn are these AG’s? Clearly, facts don’t fly in their world. Acts that boost their career are very important to AG’s, but the overdose & suicide rates aren’t even a valid concern in their pompous & self-aggrandizing world. Everything is all abt their ego
In 2008, McKesson agreed to pay $13.3 million in fines for failing to report huge orders of Hydrocodone to shady internet pharmacies. However, attorneys for the DEA and the Department of Justice retreated at the thought of going against McKesson and its high-powered legal team.
CBS 60 MINUTES
Bill Whitaker: Did a DEA attorney actually tell you that they were not going to pursue McKesson because they had lawyers who had gone to Harvard and Yale?
David Schiller: They told me those exact words because the case would take too much time and too much effort and, by the way, “What if we lost?” I said, “What if you lost?” I go, “You– you can’t have a better case on a silver platter.”
WASHINGTON POST
The U.S. Executive Branch improperly utilizes the Controlled Substance Act in selective discrimination against healthcare providers:
On July 22, 2021, Jeff Singer MD wrote:
The three distributors McKesson, Cardinal Health, and Amerisource Bergen agreed to pay the states $21 billion over 18 years and Johnson and Johnson agreed to pay $5 billion over 5 years, ostensibly to go towards drug treatment and education programs. Johnson and Johnson and the three distributors continue to dispute the allegations while agreeing to the settlement.”
Dr. Singer rightfully has questioned this agreement in his title “Opioid Settlement Will Do Nothing to Change The Trajectory of The Overdose Rate.” Singer et al. are absolutely on point simply because “Relieving Pain has become a Pain” for many being treated for Chronic Intractable Pain and Incurable diseases specifically those diseases of genetic origin.
THE JUSTICE DEPARTMENT DEPARTMENT CHICKENSHIT CLUB
The Chickenshit Club a book on ” Why the Justice Department Fail to Prosecute Executives,” the author Jesse Eisinger research concludes, today the justice system is broken. The department avoided the biggest cases. It became fearful of losing and lost sight of its fundamental mission to make this country a just place.”
Cathleen London MD., JD
DOJ Overcriminalization: Prosecuting Physicians
Posted: 20 Apr 2022
” The primary narrative directing opioid policy is that the overdose epidemic is driven by clinician overprescribing, creating patient addicts. This has led to draconian laws and the use of invasive prescription monitoring programs that have harmed chronic pain patients throughout the country. The black box algorithms mine data and have never been subjected to independent verification.
Patients and prescribers alike are flagged as suspicious. Although opioid prescribing has dropped dramatically since the introduction of prescription monitoring, overdose deaths have risen exponentially, driven by the illicit fentanyl market. Despite this, law enforcement continues to focus on the diversion of prescription medication.
The drug prohibition policy set by the Department of Justice (DOJ) is a misguided attempt to address skyrocketing opioid overdoses. It is their way of trying to fix the issue which was the unchecked distribution of opioids. The blame for that falls on the DEA (Drug Enforcement Agency), Congress, and lobbyists. This focus on limiting the prescribing of legal opioids has led to an increasingly lethal illicit opiate supply.
The DOJ continues to erroneously cite diversion of licit legitimate prescriptions of opioids as the problem. As a result, doctors have been imprisoned for terms ranging from twenty years to life without parole, all for practicing medicine. Others have had their careers and reputations irreparably harmed.”
SIMPLY PUT DOCTORS ARE EASIER ENFORCEMENT TARGETS
FROM DOCTORS OF COURAGE
GANIU EDU, MD
Ganiu Edu, MD, 50, an anesthesiologist and pain management specialist in Warren, Michigan is charged with 11 counts of aiding and abetting health care fraud and 2 counts of aiding and abetting the illegal distribution of controlled substances. The charges are for allegedly prescribing opioids as a way of inducing patients to come in for office visits, where patients were then allegedly given services in exchange for addictive drugs.
Now how does that translate into real language? Patients came to the office with chronic pain. The doctor used appropriate tests to diagnose and treat the pain. Per law, patients have to return for refills. That is called routine medical care in this country. If the return of a patient for chronic care is criminal, then every medical practice from pediatrics to geriatrics needs to watch out, because they could be next.
The real reason for these “aiding and abetting” charges is to force Dr. Edu to plea, so that the main target, Dr. Bothra, 77, has no choice but to plea, and the government rakes in the money that all 6 of the doctors charged have earned by taking care of government-insured patients.
The government is trying to say that the doctor’s tests and equipment were medically unnecessary and therefore ineligible for reimbursement. This is becoming the routine charge now against any doctor who takes government insurance. The $34 billion debt is being offset by confiscating all the payments made to doctors for the last 5 years.
So doctors taking care of government-insured or BXBS, take note: You are treating these patients for free and you will lose your business through bankruptcy when the government charges and fines you to get their money back.
FROM DOCTORS OF COURAGE
Lesly Pompy, MD
Lesly Pompy, MD of Monroe, Michigan is the latest pain management physician now under attack for treating pain. His office was raided by the usual DEA agents, and state and local law enforcement on Sept 26, 2016. His office is located at ProMedica Monroe Regional Hospital and he is affiliated with them, but the hospital immediately made public that his practice was not owned by the hospital.
Dr. Lesly Pompy is a trusted and reputable anesthesiologist and pain management specialist caring for the Monroe, MI community. Dr. Pompy obtained his medical degree from New York Medical College. He completed his residency in pain medicine and another residency in anesthesiology at Kings County Hospital Center.
He also completed his fellowship in anesthesiology and another fellowship in pain medicine at Cleveland Clinic. Dr. Pompy is a part of Interventional Pain Management Associates and is affiliated with Mercy Memorial Hospital in Monroe. He is certified in anesthesiology and pain medicine by the American Board of Anesthesiology. He is also certified by the American Board of Pain Medicine and the American Board of Addiction Medicine.
He is a member of the American Academy of Addiction Psychiatry and the American Medical Association. Dr. Pompy is trilingual in English, French, and Spanish. He received the 1986: Board of Trustees Award; New York Medical College and the 1973: New York Governor Huge Carey Citation Award. Dr. Pompy gives each patient his focused attention, and he prides himself on delivering the best treatment available.
Dr.Pompy is a board-certified anesthesiologist with a subspecialty board in Pain Management. He earned his MD degree from the New York Medical College, an MBA from the University of South Florida, an MS from Madonna University, and an MSF from Walsh College, so he is highly educated and intelligent.
Dr. Lesly Pompy has been named in two search warrants—of his office and his private residence (for confiscation purposes). He is accused of prescribing more than one million doses of narcotic pills, supposedly the most in the state of Michigan, in the past year. The doctor was arrested and taken to jail where he was expected to be booked on prescription and insurance fraud charges in addition to the delivery of narcotics charges.
FROM DOCTORS OF COURAGE
RAJENDRA BOTHRA, MD
Dr. Rajendra Bothra, MD, 77, is the owner and one of six doctors at two clinics in Warren and Eastpoint, Michigan, who is unbelievably charged with fraud because patients have to come back for a chronic condition. This goes to show the frank handing over the controls stick to the DOJ to do whatever they please against innocent citizens with no fear of responsibility.
The government is trying to create crime if a doctor orders appropriate tests or equipment for chronic pain conditions by coming back afterward and stating they were medically unnecessary, ineligible for reimbursement, and therefore fraud.
Once again, this is becoming the routine charge now against any doctor who takes government insurance. They are trying to offset the country’s $985 billion debt by confiscating all the payments made to doctors for the last 5 years. So doctors taking care of government-insured or Blue Cross Blue Shield, take note: You are treating these patients for free and you will lose your business through bankruptcy when the government charges and fines you to get their money back.
Dr. Bothra was a 30-year practicing surgeon who, as a Fellow in the American Society of Interventional Pain Physicians, has been doing interventional pain management exclusively for the last 5 years with expertise in epidural blocks, facet blocks, radiofrequency rhizotomy, and spinal cord stimulation implants, to name a few. The government, through Pub. Law 115-271, is even trying to get doctors to do more of these procedures by providing higher compensation. Is that just a trick to put more doctors in prison for asset forfeiture? Quite possibly. Doctors—BEWARE!!
Dr. Bothra is personally charged with 12 counts of aiding and abetting health care fraud for 12 claims between 2013 and 2018. Here are the claims he is being charged with:
WHEN ONE LIE IS EXPOSED BY THE DEFENSE ANOTHER LIE IS CREATED BY THE PROSECUTION
What the PDMP is NOT designed to do, is detect patients who are using their opioids correctly from patients who are misusing their medications. It can detect physicians are prescribing and dispensing within specific parameters. It CAN NOT predict whether prescribing and dispensing is associated with either appropriate use or misuse by patients. It can detect that pharmacies are filling authorized prescriptions. It CAN NOT predict which prescriptions will be used appropriately from those that are diverted. https://academic.oup.com/biostatistics/article/10/1/17/269436
Doctors of courage, through the freedom of information act, we’re able to obtain close to 300 pages of information, considered classified and for “insiders” only, concerning the HFPP or Healthcare fraud and prevention partnership designed to address what has been considered the prescription opiate crisis, which was felt to be solely responsible for rising abuse and deaths from opiates.
HFPP ( Health Care Fraud Prevention Partnership) is a public /private partnership, forming a joint enterprise, composed by private parties ( e.g., Blue Cross Blue Shield Association, Blue Cross Blue Shield of Michigan, Independence Blue Cross, AmeriHealth Caritas, etc ), law enforcement ( e.g., multi-department local narcotic task forces such as MANTIS, OMNI), the DEA, HHS/OIG, and members of the judiciary.
Keep in mind that there is no unequivocal proof that prescription opiates accounted for less than 1% of opiates abused.
FROM DOCTORS OF COURAGE
“Pain Center Trial Update: pain physician and star witness Hersh Patel MD was captured on an undercover video doing everything that he spent the morning accusing the pain center doctors of doing. Two-minute patient evaluation and no physical exam.”
CHRISTOPHER RUSSO, MD
Christopher Russo, MD, 50, of Birmingham, Michigan was charged on Dec. 6 along with his 5 colleagues with one count of health care fraud conspiracy and one count of conspiracy to distribute and possess with intent to distribute controlled substances. He was also charged with five counts of aiding and abetting health care fraud for five claims between April. 2017 and March 2018 and one count of aiding and abetting the unlawful distribution of controlled substances for 90 doses of hydrocodone-acetaminophen.
Now The Pain Center in Warren was a clinic that specialized in joint and spinal injury. And the description of Dr. Russo on the clinic’s website states:
A 1994 graduate of the University of Michigan Medical school, following residency Dr. Russo completed a 2-year Pain Medicine Fellowship followed by Post-Fellowship training in Advanced Interventional Pain Techniques. He has special interest in spinal cord and occipital nerve stimulation, trigeminal nerve disorders, vertebral compression fractures, radiofrequency ablation and chemical dependency
So injections are a basic part of the care of patients that Dr. Russo treats. Because conventional medicine doesn’t get to the cause of pain, the steroid injection into a joint is routine care. So it is laughable that the government charged Dr. Russo with fraud for a $25 steroid injection, for example.
They are really reaching the bottom of the barrel here. And using the Controlled Substance Act for 90 doses of Lortab? Unbelievable! The only reason for doing this is to allow the forfeiture that was supposed to be used against drug cartels, but as they were totally inept at that, the DEA turned the law illegally against doctors.
FROM DOCTORS OF COURAGE
DAVID LEWIS MD
David Lewis, MD, 41 is the youngest of the 5 physicians at The Pain Center in Warren, Michigan to be charged with fraud and distribution. After a Bachelor of Science in Biochemistry, medical degree from Meharry Medical College, residency in Anesthesiology, and a pain management fellowship, Dr. Lewis just completed board requirements to be certified with the American Board of Anesthesiology. So do you really think that after going through all of that, Dr. Lewis would choose to submit fraudulent claims to Medicare? Of course not! He is a victim of gross government misconduct in violation of constitutional rights as any doctor in the country is possible to be.
Dr. Lewis is charged with one count of health care fraud conspiracy, one count of conspiracy to distribute controlled substances, two counts of aiding and abetting health care fraud based on 2 claims, and one count of aiding and abetting the unlawful distribution of controlled substances based on giving 60 doses of hydrocodone-acetaminophen to a patient.
(a) Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice–
(1) to defraud any health care benefit program; or
(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program, in connection with the delivery of or payment for health care benefits, items, or services, …
(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.
DOJ-DEA ENFORCEMENT WAS SHAPED BY CDC GUIDELINES CREATED BY ANDREW KOLODNY MD A NEW YORK PSYCHIATRIST AND DIABOLICAL RACIST
“RACIAL BIASES’ PROTECTED AFRICAN-AMERICANS“
ARTICLE NEW YORK TIMES
By Austin Frakt and Toni Monkovic
- Published Nov. 25, 2019
Updated Dec. 2, 2019
A ‘Rare Case Where Racial Biases’ Protected African-Americans???
One of the most disturbing and troubling examples of research bias appeared on December 5, 2019, New York Times on ” A Rare Case Where Racial Biases,’ Protected African-Americans.
“Fewer opioid prescriptions meant fewer deaths (possibly 14,000), but the episode also reveals how prevalent and harmful stereotypes can be, even if implicit.”
DOJ-DEA IS WELL AWARE OF THE PDMP SYSTEM BEING FRAUDULENT AND GARBAGE IN IS GARBAGE OUT”
BY THE LATE TERI LEWIS
So the government is turning this vague law against any physician or clinic independent from the REAL fraudulent hospital-owned groups, to fund the government coffers and give the DOJ job security. And statute (b) is really scary when it says there is no such thing as mens rea anymore in our justice system. In other words, you can be charged criminally for something you don’t even know is criminal or have the intent of doing something criminal.
The Gestapo is alive and well in the US DOJ. The goal of the government is to forfeit any property owned by the doctors as a means of offsetting our national debt of $34 billion and rising through fraud charges against compassionate, self-sacrificing doctors taking care of government-insured-for not even what it costs to see them. The actual law being adulterated to create these false charges is 18 U.S.C. § 1347 Health care fraud, which states:
Here opioid prescribing data captured by a statewide PDMP is fed into a statistical model that tells the DEA that an aberrant pattern of behavior may reflect a ‘crime in process’ based on accumulated patient, prescriber, or pharmacy data in one or more of 17 elements detected across rolling windows of time. https://static1.squarespace.com/static/54d50ceee4b05797b34869cf/t/5fac5d0d16947a58fe85ba09/1605131535197/DEA+RFP+%282%29.pdf
This crime may be fraudulent billing, wasteful diagnostic testing and treatment, or abuses of medications thought to be associated with system, community, or patient harms. https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/Downloads/CombMedCandDFWAdownload.pdf
Predictive policing’ attempts to identify the potential for a crime to occur based on the presence of data believed to have a reliable association with a pattern of crime. https://www.rand.org/content/dam/rand/pubs/research_reports/RR200/RR233/RAND_RR233.pdf
The DEA Strike Force can only find a crime when and where they can LOOK for it. Where the PDMP collects information about dose, days, and units, surveillance entities will always perform pretextual investigations upon patients who utilize opioids, the physicians who prescribe them, and the pharmacies that fill them. https://www.dea.gov/operations/ocdetf
The DEA will ONLY find ‘harms’ associated with prescribed opioids, prescription fills, and days of use among patients who receive these medications through their physician offices and pharmacies because the only indicators programmed into the PDMP focus on behaviors that have been associated in the algorithm with fraud, waste, and abuse of medications. https://www.ehra.org/sites/ehra.org/files/EHRA%20Recommended%20Ideal%20Dataset%20for%20PDMP%20Inquiry%20-%201.14.19.pdf
Despite claims of patient-centeredness prescribing, there is no data collected about potential positive patient outcomes. The PDMP algorithms cannot predict appropriate use behavior from legal prescribing. ‘Benefit’ or ‘No harm’ has no assigned value in these algorithms. https://www.cdc.gov/drugoverdose/pdf/pubs/2019-cdc-drug-surveillance-report.pdf
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