February 9, 2020
Thomas Brewster of Forbes Magazine,Forbes Staff, Article “Explained: Why The Feds Are Raiding Tech Companies For Medical Records“
” But there’s something else that Americans should be paying attention to: the government’s secretive plundering of citizens’ medical histories.
It’s largely flying under the radar of public perception, which is odd, given data doesn’t get much more personal than that found in medical records, whether it’s details on embarrassing or serious illness or what medications you’re on.”
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
“Pre-Crime” and the Challenge of “Risk Assessments” Explored in United States v. Anand
The evolving landscape of modern law enforcement has ushered in the concept of “pre-crime,” reminiscent of the science fiction thriller “Minority Report.”
In this dystopian world, law enforcement identifies and apprehends criminals before they have the chance to commit a crime. However, this once-fictional notion has now found its place in reality, raising significant concerns about civil liberties, racial bias, and the erosion of constitutional protections.
Attorney Paul J. Hetznecker, a federal public defender in Philadelphia, penned an article titled “Pre-Crime” and the Danger of “Risk Assessments” in 2016, which provides a critical analysis of this concerning trend.
Published on September 12, 2016, the article is especially relevant today in the context of the case of United States v. Anand and Dr. Neil Anand. Hetznecker’s article introduces the concept of “pre-crime,” derived from the world of “Minority Report,” where individuals are arrested before they can commit crimes.
The author asserts that this once far-fetched idea is becoming a reality through the use of “risk assessments” in contemporary law enforcement. These assessments, which are portrayed as tools for crime prevention, involve profiling individuals based on data-driven, computer-based risk assessments.
These risk assessments use data extracted from police and court records, focusing on factors like the suspect’s neighborhood, family criminal history, income, and education.
However, Hetznecker contends that this data-centric approach fails to consider the underlying systemic issues contributing to crime, such as poverty, lack of education, economic opportunities, and racism. By focusing on statistics, this method perpetuates the symptoms of an unjust system without addressing the root causes.
The article introduces the concept of “pre-designation,” where law enforcement targets individuals within specific groups for profiling, essentially shifting the focus of the criminal justice system from punishing and rehabilitating offenders to identifying and targeting potential future offenders without any crime having been committed.
This approach, Hetznecker argues, undermines constitutional protections and exacerbates racial and class-based biases within the system.
Thomas Brewster of Forbes Magazine, Article “Explained: Why The Feds Are Raiding Tech Companies For Medical Records“ Senior writer at Forbes covering cybercrime, privacy, and surveillance;
“In a separate case, in July 2019, DrChrono supplied the government with records related to the Pennsylvania-based practice of Neil Anand. He was being investigated for handing out “goody bags” of drugs to patients who didn’t need or ask for them. He’s since pleaded not guilty to all charges of healthcare fraud and conspiracy to distribute controlled substances.
In a search warrant I uncovered, the investigating agent goes into a little detail about what exactly he was able to determine from DrChrono’s record.“
READ FORBES MAGAZINE PDF: “WHY THE FEDS ARE RAIDING TECH COMPANIES FOR MEDICAL RECORDS”
PRE-CRIME: THE LEVELS OF DECEPTION
According to Blue Cross Blue Shield documents presented at the Economic Crime Institute (Exhibit 128), Blue Cross Blue Shield Corporate Financial Investigations Department (CFID) utilizes STARS (Services: Tracking, Analysis & Reporting System) and STAR Sentinel sophisticated software data-mining tools that analyze all categories of claims received.
EXHIBIT 128 ECONOMIC CRIME INSTITUTE
Blue Cross Blue Shield CFID aims for recovery of payments, exclusion of professionals from networks, schemes in changing provider behavior, induces criminal prosecution for pecuniary gain through criminal restitution, and engages in the referral of physician licenses to State Medical Boards for purposes of permanent incapacitation (Exhibit 128). Blue Cross Blue Shield also publicizes entities convicted of fraud to create a sentinel effect in the provider community (Exhibit 128).
According to Blue Cross Blue Shield CFID documents (Exhibit 128), CFID employees consist of former federal, state, and local law enforcement agents and lawyers who communicate with current State and Federal law enforcement agents to influence and induce investigations into unfavored medical professionals or business competitors at Blue Cross Blue Shield CFID’s request (violating impartiality regulation and disqualification arising from personal or political relationship, 28 C.F.R. § 45.2).
The Blue Cross Blue Shield franchisees, in their conduct as government agents within a public-private joint enterprise, are subject to Constitutional law, such as the 14th Amendment Equal Protection Clause. One of the primary purposes of Dr. Anand’s FOIA litigation was to obtain relevant documents of the Defendant Heath and Human Services (HHS), which is partnered in a joint enterprise with Blue Cross Blue Shield through the Healthcare Fraud Preventive Partnership (HFPP).
The partnership seeks for purposes of pecuniary and proprietary gains from civil and criminal asset forfeitures from “suspect class (race and religious),” minority physicians, and healthcare professionals, who subsequent to asset “stripping,” are concentrated within American prison camps.
Dr. Anand seeks documents pursuant to FOIA that would foreclose unlawful U.S. executive Branch asset confiscation schemes upon U.S. physicians and health professionals that are analogous to the historical asset confiscation of Native Indian Land and concentration of Native Americans upon American reservations or historical asset confiscation of Japanese Americans and concentration of Japanese Americans within American internment camps.
The article raises concerns about the potential unfair targeting of medical providers and violations of Fourth Amendment rights through evidence laundering and parallel construction.
Hetznecker concludes by asserting that the use of pre-crime and risk assessments contradicts the principles of the traditional criminal justice system, which relies on evidence of past crimes. He highlights the dangers of relying on predictive models and data analysis without considering the complexities of human behavior and the potential for bias. He calls for re-evaluating these practices to ensure that constitutional rights are upheld, and justice is served.
In the ongoing case of United States v. Anand, where medical records have been seized, and the evidence is under scrutiny, Hetznecker’s article provides a thought-provoking backdrop to the debate surrounding the use of pre-crime methodologies and their implications for civil liberties, constitutional protections, and the pursuit of justice. The outcome of this case could significantly impact the use of such risk assessments in law enforcement.
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