BY
NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, IN THE SPIRIT OF WALTER R. CLEMENT BS., MS., MBA., 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., CLINTON BATTLE, JR., 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
…In a Texas Federal Court, there exist a Judge who uses a stopwatch to time, and in one such case on trial, allowed for 15 hours for the prosecution and 10 hours for the defense… Clinton Battle MD., a victim of prescription office theft found himself before Judge Mark Pittman and his stopwatch and was sentenced to 12 years of prison……this case is under appeal Ronald Chapman of the Chapman Law now represents Dr. Battles….
A DOUBLE DOSE OF SUCCESS
From Clinton Battles Jr.:
Clinton Battle Sr., MD., my father, is a quiet, peaceful man. He worked hard his whole life to make sure people maintained good health. He also took care of his family, he has two sons and one daughter who is a nurse practitioner. He enjoyed cheering for those Dallas Cowboys and was a season ticket holder.
Our Dad grew up in Kansas City then, attended Morehouse College at just the age of 16, then went to Tufts University Medical School, where he met my mother, Dr. Marie Holliday, who had gone to Tufts Dental School.
Our Dad practiced medicine his whole life in the underserved black community and saw many patients for free.
He always gave to his church, Mt. Olive Missionary Baptist, which is across the street from his office. He helped save the life of the Pastor’s mother-in-law, who was battling cancer, and many other lives.
For the last ten years, he was the only black doctor in that majority-black neighborhood. Today, there are no doctors in that neighborhood. In this part of Texas many of the white doctors across the highway in the other neighborhoods don’t want to help blacks with their health.
Prescription pad Theft
However, our Dad was a victim of prescription fraud theft in which his office manager, Kendra Blanchard, and her husband, Michael Blanchard, began an unannounced scheme to him of prescriptions forgeries conspiring in with a pharmacy and pharmacist that knowingly and intentionally filled hundreds of unauthorized fraudulent prescriptions for hydrocodone and Xanax and then sold them on the streets. Again, our Dad knew nothing about this scheme going on in his office!!! Both husband and wife and the pharmacist got caught by the Fort Worth Police Department, and it was reported to the DEA; they lied and said our dad Dr. Battle had authorized those prescriptions; THEY LIED!!!
the targeting of DR. Clinton Battle’s success
The DEA raided Dr. Battle’s offices and house and found no opioids or any other “illicit drugs,” and they confiscated 1400 patient charts and copied all his computer hard drives; then 3 years later, the DOJ indicted him.
WHAT DID CLINTON BATTLE SR., MD., DO WRONG????
The Texas Medical Board had been monitoring Dr. Battle’s practice and found no criminal discrepancies.
Dr. Battle chose to go to trial and defend himself, his medical practice, and his reputation because he was victimized by a dishonest employee. Kendrea Blanchard, who took the stand and lied, pleaded guilty and received two years in federal prison. Her husband pleaded guilty, and he received ten years in federal prison.
By the way, Michael Blanchard was not subpoenaed to court. How can you convict Dr. Battle of a conspiracy and one of the main co-conspirators was not required to be at trial?? Doesn’t the jury need to hear what he has to say??
Hulen Pharmacy, located in Fort Worth, TX was part of the so called “conspiracy” was not indicted. They were fined 150k and were allowed to stay in business. Why was Dr. Battle not offered a fine? That was very unfair, however, the jury believed his office manager, even though she lied on the witness stand.
Dr. Battle was convicted of conspiracy to distribute controlled substances and was taken straight to jail from the federal courthouse. He received a 12-year federal prison sentence.
Judge Mark Pittman’s stopwatch OF INJUSTICE
The Judge , Mark Pittman, used a stopwatch during the trial. He gave dr battle’s lawyers 10 hours and the prosecution lawyers 15 hours. The judge had plans and didn’t want the trial to last more than a week. There were 2 young men sitting at a desk to the right side of the Judge holding stopwatches. Judge Pittman allotted 30 minutes to both sides for closing arguments.
Clearly, Dr. Battle was railroaded. My Dad had 0 patient overdose deaths and was a low prescriber of opioids. While there were many other doctors who clearly overprescribe opioids and had many patient overdose deaths yet the DEA/DOJ chose to targeted out our dad(see notes).
WHY DOCTOR BATTLE’S “STOPWATCH INJUSTICE CONVICTION MUST BE OVERTURNED
FROM JAMA:
Matt Lamkin, JD, MA, University of Tulsa College of Law, 3120 E Fourth Pl, Tulsa, OK 74104 (matt-lamkin@utulsa.edu). Published Online: October 3, 2022. doi:10.1001/jama.2022.18308
“The purpose of the CSA’s regulations governing prescribing is to prevent physicians from using their prescribing powers to engage in drug trafficking; for example, by effectively selling prescriptions to individuals who misuse drugs. However, some courts have allowed physicians to be convicted simply for writing prescriptions that did not conform to prevailing professional standards.
Under this approach, even if a physician prescribed drugs in a good faith effort to promote a patient’s well-being, the physician could be sentenced to prison if any of the prescriptions were outside “the usual course of professional practice.” In other words, although the Court had previously held that the CSA only “regulates medical practice insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing and trafficking,” some courts have allowed physicians to be convicted under the Act for mere negligence—a lower legal standard that is much easier for prosecutors to satisfy.3
BATTLE’S CONVICTION WAS PRIOR TO RUAN AND RAISES SERIOUS LEGAL FLAWS
Prior to Ruan, the Defendants used an evidentiary standard, nearly akin to strict liability, in the conviction of doctors under the Controlled Substance Act and various federal and state healthcare fraud statutes. Pursuant to the Supreme Court’s final decision in Ruan, the Defendants must adapt their computer algorithms in such a manner to satisfy the “knowing and intentional” mens rea, evidence standard, set under Ruan.
In the meantime, U.S. physicians continue to suffer ongoing, escalating, general and special, damages and torts, including the loss of use of a medical diploma from an accredited medical school, as evidenced by loss of medical licensure, loss of DEA registration, civil and criminal forfeiture, attorneys fees, court costs, humiliation and shame, divorce, debt, suicide, and mass incarceration of certain types of physicians who treat patients with controlled substance medications.”
LINDA CHEEKS MD, Doctors of Courage:
” I can’t stress this enough. We must get the Controlled Substance Act repealed. Doctors are still going to prison for doing their job, despite the Ruan/Kahn Supreme Court decision, as I predicted. Doctors charged in the past are still in prison despite their cases being vacated, and the cost to get their cases returned to lower courts for a decision is beyond what they have on hand. Their GoFundMe accounts to get help with the cost will sit empty.
The answer is available, however. But I’m getting frustrated at the failure of people to catch on and get on board. I will make one more attempt to get people to understand what is needed. That will be through the new social media, Clubhouse. This is a phone conversation that can include anyone in the world.
WHAT IS CLUBHOUSE
Clubhouse, I will give a brief overview of the platform, then get into the subject matter. This is the key to ending the war on doctors and pain patients. It is all that is needed to stop the propaganda against opioids. It’s just a matter of getting this information in front of the average person in America and worldwide. Without it, addiction will grow exponentially, and blaming drugs will continue to be the government platform since it is an easy way to attack doctors for money.
With the repeal of the Controlled Substance Act, drugs will be legally available to anyone. Legal businesses will be able to grow. Taxes will be able to be collected. The costs that the government is now putting down to cover procedures that will get us nowhere will end. The border problem will be solved. So much good will come out of this. Why can’t people understand this?”
victim of injustice
Dr. Battle, our Dad, was Railroaded!!! Observing the notes that quote case law similar to our Dad’s case, these are the facts. Dr battle had 0 patient overdose deaths and was a low prescriber of opioids.”(SEE BELOW NOTES)
OR SEND
$10, $15, $20, $25,$50, $75, 175, $500. OR MORE TO CASH APP:$docnorm
ZELLE: 3135103378
So, Donate to the “Pharmacist For Healthcare Legal Defense Fund,”
for now, you are within
THE NORMS
NOTES
THE CASE OF BRIAN AUGUST MD
As DOC members I thought you 3 be maybe interested in case of Brian August, MD out of El Paso. He was indicted on fraud, pill mill and multiple overdoses and bodies back in 2021. His trial was suppose to kick off and I was following on PACER. He got his case vacated it appears. See attached. he’d be good for any doc facing trial to see how he did it-Ruan ruling perhaps? In case it helps here it is for your review. He may have been featured on the DOC website in the past-I think he was if memory serves me right.-Dennis
Neil is right . I’m not even on a drug case it was fraud and during a FOIA to get copy of my surrendered DEA certification after my license was revoked post conviction saw on a peripheral document mention of NADDIS file on me . The feds often have DEA look into a doctor regardless if on a pill case or not to hope to find something to supersede . Also for those who have BC/BS on case they will be all over NADDIS pointing to reports of BCBS working with feds . DEA fights tooth and nail keep NADDIS FOIA exempt and since 2010 can no longer hide behind exemptions or Vaughn index tactics . I recommend every doc , pre post judicial system involvement or regardless fraud or Rx case ask for their NADDIS reports . Also Dr Brian August yesterday had his case dismissed 1 week pretrial . He’s now free after 2 years facing 20 yrs they dropped indictment on 11 th hr . El Paso TX . Linda had him featured on DOC. In the Uber conservative West Texas he won – maybe it was Ruan – PACER does not say much . See attached . Any docs on pill cases or fraud – he had both with bodies needs find out what he did .
MORE NOTES
https://law.resource.org/pub/us/case/reporter/F3/016/16.F3d.714.93-2405.93-2356.html
The First NADDIS record released by DEA through FOIA[edit]
In 2010, after a decision by the Department of Justice Office of Information Policy (OIP) and mediation by the National Archives and Records Administration (NARA) Office of Government Information Services (OGIS), DEA, in a change of policy, released for the first time an actual NADDIS record on an individual. This FOIA release, which was requested and litigated by an incarcerated researcher for records Hence, this recent FOIA release by DEA may be employed as an exhibit in pre-trial discovery requests for NADDIS records, or as an exhibit by other FOIA requestors seeking NADDIS records.
Good chat yesterday amigo.. and I’m here for any support since I been through what you going through and know the unfairness and sheer stress of a federal case. I spent my 14 months pretrial living like you and the 6.5 years fighting my case and learning the law. I even used my Gi Bill inside and got a second BS from Ohio Univ in legal studies/paralegal and took the prison legal library job to have all resources I could muster. I’m starting life fresh and despite losing everything I can still say with pride I did not do what the feds claimed and won’t admit to anything I did not do. I will if I did something wrong. In 2009 I ordered a lab test for friend didn’t keep record etc. I took responsibility and got a reprimand from Texas and had do 8 hrs online CME. I promptly admitted my fault and took ownership. The fed case they got all wrong on me and the press releases 80% fiction that’s why I never judge others in the system based off the ugly press releases -I know they half to quarter rooted in truth at best-most often. Don’t give up-I know even if 10 yrs from now I will always have option of having conviction vacated.
I found this NADDIS case decision that in 2010 allows NADDIS release although they probably still fight you tooth and nail over releasing our NADDIS I’m sure. Keep fighting….I’m off federal parole in 14 months and looking into trying get a license in one of the states I was previoulsy licensed before this 6 (TX MD VA AL DC and AZ-osteopathic)- only AZ-osteopathic will consider reinstating me without having admit full guilt to board under oath on record. Still that’s not even a guarantee but possible. TX and the rest said without full-on-record guilt admission and under oath-not even bother trying. I won’t go on record and under oath stating a lie that is untrue and also be used against me if I fight for my innocence of what I was charged. I’m trying break into IT and slowly try get licens back-the process very expensive and the OIG list exclusion of 20 years with 12 to go makes me near unemployable as a doctor. I’m gonna try get it in AZ. I’m a DO and their DO board the only board in 50 states told me admission of guilt not required to be considered. NJ -I never had license there but called them and tehy said don’t apply we will reject you until you get your Texas license reinstated so NJ can bite me-I want to move back out West anyway. Right now I got a glorified help desk job for $30/hr in cyber security filed but my felony hurts me from a good career in cyber because I can’t get a clearance.
The First NADDIS record released by DEA through FOIA[edit]
In 2010, after a decision by the Department of Justice Office of Information Policy (OIP) and mediation by the National Archives and Records Administration (NARA) Office of Government Information Services (OGIS), DEA, in a change of policy, released for the first time an actual NADDIS record on an individual. This FOIA release, which was requested and litigated by an incarcerated researcher for records on an unrelated and deceased third party in an effort to characterize NADDIS, now permits any individual to obtain their NADDIS record, or that of any deceased third party, or any living third party (with a signed, original DOJ-361 release authorization). The DEA FOIA release demonstrates that NADDIS includes a “Remarks” section (p. 7-10 of the FOIA release, Id.) which contains the date and file number of each DEA report on a subject, and which abstracts and summarizes the content of the complete report. Hence, this recent FOIA release by DEA may be employed as an exhibit in pre-trial discovery requests for NADDIS records, or as an exhibit by other FOIA requestors seeking NADDIS records.
____________________
Judge Pittman’s observations at the pre-trial conference confirm that while he took inventory of
his commitments and schedule in crafting his time limitations, he failed to consider the case at
hand and how long it would take for Dr. Battle to receive a fair trial that accords with his Due
Process under the U.S. Constitution. See ROA.800 (Judge Pittman stating: “Okay. I have,
perhaps, some bad news, but it’s news we’re going to have to live with, and, Mr. Weybrecht, you
may have to make a Hobson’s choice. But after much deliberation and discussion and trying to
balance my schedule, the Court’s schedule with other matters that I have going, including a
vacation and a big injunction hearing involving the Biden administration in the State of Texas,
I’ve come to the conclusion that this matter needs to be tried in 25 hours. And I intend to give the
Government 15 hours to put on its case, and I intend to give the defendants 10 hours. And I
know, Mr. Weybrecht, you’re thinking there’s no way possible that I can put on my case in 25
hours. Let me roll this out. I would highly, highly consider a request by the Government to settle
— to settle — I’ve had my mother-in-law in town for a week.”).