“IF EVER ONE THINKS THEY’RE TOO SMALL TO MAKE CHANGES, THEN THEY HAVE NEVER SLEPT IN A TENT WITH A MOSQUITO !!!”
REPORTED BY
NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, IN THE SPIRIT OF RETIRED DETROIT POLICE SARGENT WALTER R. CLEMENT BS., MS., MBA., HOWARD ADELGLASS, MD., 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 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”
AIMING TO ENSURE DUE PROCESS
I am a physician and patient advocate who is working to promote the rule of law in the United States while saving millions of American lives at risk from the ongoing Opioid Epidemic. I aim to ensure due process and equal protection for all U.S. physicians and the patients they take care of.
I am also working with academics in the fields of medicine, law, pharmacy, and the media, who are also engaged in encouraging public knowledge and promoting law and individual rights guaranteed under the United States Constitution and the laws of the United States.
My mission includes promoting government transparency and accountability by gathering official information, analyzing it, and disseminating it through reports, press releases, and/or other media, including social media platforms, all to educate the public.
ORDER OF THE COIF
All the records that will eventually be produced by my FOIA request from USDOJ will be made publicly available on the internet for citizens, journalists, and scholars to review and use. USDOJ is an agency of the federal government within the meaning of 5 U.S.C. § 552(f) and has possession and control of the records that I seek.
Since 2007, the HCF Unit has deployed data analytics combined with investigative intelligence. In 2018, the HCF Unit formed its own in-house data team, which now consists of eight analysts with deep experience in Medicare and Medicaid data analysis, as well as financial analysis, who identify egregious health care fraud and prescription opioid-related targets to ensure the HCF Unit and its partners efficiently identify the worst offenders.
THE PROSECUTOR’S QUEEN OF BARRATRY
In his Inferno, Canto XXI, Dante places barrators in the Eighth Circle, fifth bolgia of Hell Canto XXI, where they are immersed in a boiling pitch lake, representing the sticky fingers and dark secrets of their corrupt deals. They are guarded by demons called the Malebranche (“Evil Claws”), who tear them to pieces with claws and grappling hooks if they catch them above the surface of the pitch.
[ Barratry (/ˈbærətri/ BARR-ə-tree) is a legal term with several meanings. In common law, barratry is the offense committed by people who are “overly officious in instigating or encouraging prosecution of groundless litigation” or who bring “repeated or persistent acts of litigation” for the purposes of profit or harassment. In jurisprudence, prosecutorial misconduct is “an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to convict a defendant wrongly or to impose a harsher than appropriate punishment.
SERIAL MISCONDUCT
Such actions lead to a distrust of government and the belief that public authorities are in a vast conspiracy to violate the rights of individuals. Serial misconduct from a few bad actors may actually be widespread in the United States. “It’s a result-oriented process today, fairness be damned,” Robert Merkle, former U.S. Attorney for the Middle District of Florida, said.
The Doctrine OF Harmless Error
Prosecutors are protected from civil liability even when they knowingly and maliciously break the law in order to secure convictions, and the doctrine of harmless error can be used by appellate courts to uphold convictions despite such illegal tactics, which some argue gives prosecutors few incentives to comply with the law.
THE DOJ-DEA HAS BEEN ENGAGED IN A SYSTEMATIC UNDERMINING OF THE RIGHTS OF PEOPLE TO HEALTHCARE SERVICES
The concept and structure of the Data Analytics Team is regarded as ground-breaking for the Department. The team uses data to identify billing patterns, suspicious prescribing practices, and curious relationships between doctors and patients that signify high-risk targets.
The investigations are then prosecuted by HCF Unit prosecutors or referred to USAOs and law enforcement partners in a “targeting package,” which includes data summaries and descriptions of why a pattern is suspect, such as submission of claims for dead beneficiaries, beneficiaries who live a great distance from the clinic they purportedly regularly attended in person, etc.
In April 2018, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that requires plan sponsors to deny payments provided by individuals and entities on a preclusion list rather than requiring the enrollment of providers.
THE PRECLUSION LIST
The preclusion list will include individuals or entities that (1) are revoked from Medicare, under a re-enrollment bar, and the conduct that led to the revocation is detrimental to the best interests of Medicare or (2) have engaged in behavior for which they could have been revoked had they been enrolled in Medicare and the conduct that would have led to the revocation is detrimental to the best interests of Medicare.
SCOTUS Unanimously Rules In Favor Of Doctors In Pill Mill Case
Published on: Monday, June 27, 2022
In Ruan v. United States, No. 20-1410 (June 27, 2022)(link is external), the Supreme Court unanimously held that the crime of prescribing controlled substances outside the usual course of professional practice in violation of 21 U.S.C. § 841, the mens rea “knowingly or intentionally” applies to the statutes “except as authorized” clause.
Once a defendant meets the burden of producing evidence that his or her conduct was “authorized,” the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.
Ruan was consolidated with Kahn v. United States, No. 21-5261. Justice Breyer delivered the 9 to 0 opinion of the Court. Justice Alito filed a concurring opinion, joined by Justices Thomas and Barrett.
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