“…we are physicians, pharmacists, dentists nurse practitioners not street drug dealers in white coats… senzeni na !!! , what have we done to deserve this?…”
ASHOK’S LETTER FOR HOPE
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
“…Freedom is not attained by the literal un-bonding of chains or unlocking of cages but requires us to meet a higher standard that rids society of oppression and discrimination. It is about equality and equity, assuring our systems and governments are truly just and designed to work for everyone…”
Nelson Mandela…
Confidential and time-sensitive!
My PSR report is out, and it is damning (totally as per the Prosecutor); my lawyer doesn’t want to object, while the prosecutor wants to add more non-material accusations to impress the judge!
I have an overzealous and highly aggressive Assistant prosecutor who is unwilling to compromise. Unknown to me, one of my defense lawyers is in a personal relationship with her, he has written:
“Me and she have a special personal relationship” and used to “talk for hours on weekends about both of us and our lives with together.”
My belief that he told her all about my thoughts and defense dynamics led to me agreeing to a very harsh Plea Agreement. I would have been better off if I had walked to the court without any lawyer and pleaded guilty before the Judge. That lawyer is not working with me anymore. Anyway, the prosecutor told the subsequent lawyer,;
“Tell Dr. Jain that if he doesn’t sign the Plea Agreement by Tuesday, I will personally make sure that both his kids don’t become doctors. By Thursday, I will indict everyone, and I will put his whole family, including his daughter-in-law, in Prison.”
UNDER IMMENSE PRESSURE TO AGREE WITH A SO-CALLED DEAL PLACING ME IN FEDERAL PRISON FOR 28 YEARS
I was under immense pressure by family members and my defense lawyers (the one mentioned included).
My wife of 30 years threatened to leave me immediately! Contrary to many peoples’ advice, I was too chicken to stand up against the mighty armies. My lawyers didn’t object to anything in the Plea Agreement and accepted it as it IS.
There was no bargain, and the worst plea (perscution) agreement was written. She put in all possible, even inadmissible, enhancements in the agreement. She made a total enhancement to put me for 28 years (42 points), but the max Statuary is ten years.
Although I objected to my lawyer for many enhancements, it should be a maximum of 23 points (meaning around five years). Now, my lawyer is saying that we can’t object to those in my PSR report as I had agreed to those enhancements in the Plea Agreement. And also, it might alienate the prosecutor!!
My Plea Agreement Clauses:
The United States and Defendant agree that the following Sentencing Guidelines are applicable to Defendant’s Guidelines range:
8 (a) The United States and Defendant agree to recommend to the Court, based on the Factual Basis for the guilty plea, that the amount of loss falls within Section 2B1.1(b)(1)(J) of the Sentencing Guidelines because the Defendant billed Medicare at least —– for false and fraudulent claims.
(b) The United States and Defendant agree to recommend to the Court that a two-level enhancement pursuant to Section 2B1.1(b)(2)(A)(i) applies because the offense involved ten or more victims.
(c) The United States and Defendant agree to recommend to the Court that a three-level enhancement pursuant to Section 2B1.1(b)
(7)(A) and (B)(ii) apply because the Defendant was convicted of a Federal healthcare offense involving a Government healthcare program, and the loss was more than $7,000,000 but less than $20,000,000.
(d) The United States and Defendant agree to recommend to the Court that a two-level enhancement pursuant to Section 2B1.1(b)(11)(C)(i) applies because the offense involved the unauthorized transfer or use of any means of identification unlawfully to produce or obtain any other means of identification.
(e) The United States and Defendant agree to recommend to the Court that a two-level enhancement pursuant to Section 3A1.1(b) applies because Defendant knew or should have known that victims of the offense were vulnerable victims due to mental condition.
(f) The United States and Defendant agree to recommend to the Court that a four-level enhancement pursuant to Section 3B1.1(a) applies because the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive.
(g) The United States and Defendant agree to recommend to the Court that a two-level enhancement pursuant to Section 3B1.3 applies because the defendant abused a position of public or private trust in a manner that significantly facilitated the commission or concealment of the offense.
Defendant and the United States understand and agree that the United States may assert at sentencing and recommend to U.S. Probation that additional enhancements beyond the Sentencing Guidelines set forth above apply and that Defendant may argue that those additional enhancements do not apply.
My questions are:
- How can a defendant agree to recommend the enhancement in the Plea Agreement? Is it akin to saying that I recommend myself to be slaughtered? How can a prosecutor force (mandate) that.? The enhancements are only advisory for the judge; how can a defendant recommend that?
- Can we object to the plea agreement enhancements? How can a prosecutor be a determinant of the defendant’s fate? It is akine be the judge??
- If we object to the enhancement to the PSR officer, would it negate the plea Agreement?
- Also,, in the same question, would it make the government mad and withdraw the 5k letter (they said that they would give it but then changed and said no)?
- How can the enhancement be applied without discretion and applicable laws only solely by the Prosecutor’s coercion?
MORE ENHANCEMENTS ARE BOILERPLATE-LIKE
- more than ten vulnerable victims
- Mafia leader with more than five co-conspirators/
- More than ten insurance (and patient victims)?
- How can a doctor be the leader of the widespread mafia activity? A doctor is simply practicing medicine and has staff to help him with various functions.
- In my case, only two insurances are victims: Medicare and Medicaid but in enhancement, they put more than 10 (and a separate for 10 vulnerable victims). Are they allowed to put exact same two enhancements?
- There is the enhancement of violating public trust? Should it be applied to all doctors and defendants as well as other public servants? Why is it not, or why does the prosecutor have the right to pick and choose? Doesn’t it violate 8th and 14th Amendments?
- Which doctor’s or medical practice DOES NOT have vulnerable victims? By definition, all sick patients are vulnerable, so why the discrimination? Should all healthcare fraud cases have this enhancement? If not, then it is clearly a violation of the 8th and 14th Amendments.
- With an organizer of criminal activity with more than 5 participants, there is an enhancement of 4 levels. But there is no burden on the prosecutor to prove that there were five confirmed participants (and without charging/identifying anyone). Isn’t that gross injustice? Basically, the prosecutor is the judge here! Even if five employees are identified, isn’t the burden of proof on the prosecutor to prove that the leader told them that it is illegal,,, but I want you to do it and then the participants knowingly and willingly do it? And then the prosecutor is not obligated to prove it??!! What a joke! Should all healthcare fraud cases have this enhancement? If not, then it is clearly a violation of the 8th and 14th Amendments.
- Private practice (low-hanging fruit), DOES NOT have doctors at the apex and thus the leader, so shouldn’t the mafia leader rule should be applied to all rather than some (again by biased determination of the prosecutor)? Should all healthcare fraud cases have this enhancement? If not, it is clearly a violation of the 8th and 14th Amendments.
- Why would the loss amount be considered as a billed amount when the defendant clearly exhibits knowledge of the collected amount after the billing? As per sentencing guidelines, if the defendant rebuts with evidence, the court should consider only the collected amount. My lawyer says that if I produce the evidence to the PSR officer, it will offend the government.
- How can we double dip with the enhancement of violating the public trust (2 points) and violation of the Public health medicare program? Is there any event where there is a violation of the medicare program and NOT violating the public trust, so why does the prosecutor get to choose both?? Should all healthcare fraud cases have this enhancement? If not,, then it is clearly a violation of the 8th and 14th Amendments.
So, in the end, the Broader question is if ALL Enhancements are applicable to all the doctors (as a medical practice in the USA is considered doctor-driven), then why even go through this discriminatory practice (in the hands of the prosecutor) as a threatening tool for Plea. Isn’t it criminal itself? I don’t think our constitution allowed that to be done blanket to the doctors!!
Why are healthcare corporations not held criminally? Can I write to the judge confidentially or to the PSR officer (with CC to my lawyer)?
In other words, it is the total discretion of the Prosecutor to label a doctor as a mafia leader or not. Don’t they have the burden of proof before or after applying?
Please Help! My first PSR report is out and very damning, and my lawyer doesn’t want to do anything about it. My total points are 36 (meaning more than ten years)!! For all my revenues of $1.8 million in 6 years!! what a travesty!!
I am very much lost and confused, as dictated by my defense lawyers. Please help me to know what is right and wrong! Please, please! I am rated as top rated 100 doctors in the USA but also top rated criminal as per persecution. I can not believe I am in this position. But for kids, I will sacrifice my life!!
Adios friends!!! I am gone!!!
Thanks
A victim of the US judicial system without much defense
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