TAMPA PAIN CLINIC DOCTOR GUILTY OF UNLAWFUL DRUG DISTRIBUTION, OR A CLASSIC CASE OF PROSECUTORS MAKING ILLEGAL THAT WHICH IS LEGAL VOIDING RUAN: TIME FOR AMA INVOLVEMENT!!! (LET’S FILL IN THE BLANKS)

WHAT WE ARE ENDURING IS TORTURE BY DEA AND PROSECUTORS

NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., IN THE 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., WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., 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 NDJOU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS

TAMPA PAIN CLINIC DOCTOR GUILTY OF UNLAWFUL DRUG DISTRIBUTION, MONEY LAUNDERING???

ByStaff

July 1, 2023

The article reads: A federal jury found Dr. Qing McGaha guilty of 14 counts of unlawful drug distribution, four counts of money laundering, and one count of filing a false tax return, United States Attorney Roger B. Handberg announced.

IT’S TIME FOR THE AMA TO GET INVOLVED

McGaha faces a maximum penalty of 20 years in federal prison for each count of unlawful drug distribution, up to ten years for each money laundering count, and three years imprisonment for filing a false tax return. Her sentencing hearing is scheduled for September 15, 2023. McGaha had been indicted on January 2, 2023.

According to testimony and evidence presented at trial, McGaha was a Florida-licensed medical doctor who owned and operated MD Care Clinic, a pain management clinic in Hillsborough County. Over a 20-month period, undercover agents with the Drug Enforcement Administration conducted numerous appointments with McGaha.

At each appointment, they received hydrocodone, hydromorphone, or oxycodone, Schedule II controlled substances not for a legitimate medical purpose in the usual course of professional practice.

Between January 2016 and January 2021, McGaha distributed more than 2.1 million opioid pills.

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REMEMBER

Ruan v. United States, No. 20-1410 (June 27, 2022)(link is external), the Supreme Court unanimously held, for 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.

In addition, McGaha engaged in multiple monetary transactions over $10,000 in funds criminally derived from the operation of her clinic. She used these funds to purchase a piece of real property in Clearwater and deposited them into her bank account. In 2021, McGaha filed false and fraudulent tax forms for tax year 2020 that underreported MD Care’s gross revenue by nearly $300,000.

ALSO REMEMBER!!!!

The Supreme Court reined in overzealous prosecutors who arrested doctors for treating their patients as individuals rather than conforming to law enforcement’s accepted standards. In Ruan v. United States, the Court overturned a decision that would have sent board-certified pain management specialist Xiulu Ruan to prison for 21 years for not conforming to law enforcement’s arbitrary and misguided standards. Ruan was not allowed to introduce expert testimony to argue that his pain management decisions were reasonable and based upon clinical experience as well as his patients’ individual needs—a so-called good faith defense.

This case was investigated by the DEA Tampa District Office, the Internal Revenue Service Criminal Investigation, the Lakeland Police Department, the Tampa Police Department, the Largo Police Department, and the United States Attorney’s Office Opioid Fraud Abuse and Detection Unit,

“the supply of diverted prescription opioids amounted to “less than one percent of the total quantity of pills distributed to retail purchasers.” There is another term for this: Chasing the wrong suspect.The country is not awash in pain pills—quite the opposite. read Jeff Singer, MD Cato Institute and Richard Lawhern, PHD “Cop Practicing Medicine Again“

Which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. This case was also part of the Organized Crime Drug Enforcement Task Force. It is being prosecuted by the United States Attorney’s Office for the Middle District of Florida.

DEA: If you are aware of controlled substance violations in your community, please submit your anonymous tip through the DEA online Tip Line.  Concerns about prescription drug abuse or diversion can also be reported to the DEA.

AMA

“Both physicians and the public look to the AMA for leadership … for guidance … for reassurance … and for help making sense of our complex world,” Dr. Ehrenfeld said in prepared remarks. 

He went on to say;

“At a time when so many aspects of society have become dangerously polarized, we have seen the proliferation of medical disinformation, junk science, the criminalization of medical care, and a growing distrust in medical institutions and experts.

“Our AMA has a duty to call out politically appointed judges who would upend 80 years of FDA precedent and threaten access to critical drugs long proven to be safe and effective.

“We have a duty to push back against legislative interference in the practice of medicine that is leading to the criminalization of care. 

“We have a duty to fight for the AMA Recovery Plan for America’s Physicians in the aftermath of the pandemic, pushing to fix our broken Medicare payment system, reform prior authorization, and end the stigma around physician burnout.”

FOR NOW, YOU ARE WITHIN

“AND THE PEOPLE SUFFER“

THE NORMS

REFERENCE:

PAIN WARFARE AND PROSECUTORS OF THE DEA