“A logical layperson in these United States of America may only wonder how the Department of Justice can prosecute a group of physicians”
republished from kevinmd in youarewithinthenorms
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. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD 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., IN THE SPIRIT OF LEROY BAYLOR, JAY K. JOSHI MD., MBA, AISHA GARDNER, 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
EXCERPTS FROM KEVINMD SEPTEMBER 18, 2024:
The continued unjust prosecution of physicians
“The Assistant United States Attorney’s (AUSA) opening statement echoed in the dystopic courtroom in Reading, Pennsylvania:
“Defendant Physician Rifai stole from the government.”
These statements are a career-ending pronouncement for any physician. I do not want to keep the readers in suspense, but in the case of the United States of America v. Muhamad Aly Rifai, the trial was filled with despair, anguish, tearfulness, and literal crying.
THESE CASES demonstrate the flawed justice system in this republic.
However, those were the postures and feelings of the government prosecutor, government witnesses, government experts, and federal agents.
For a government-hired expert to burst out crying on the stand while being cross-examined by the defense attorney—indicating that their integrity does not allow them to support a case brought by the government of the United States—demonstrates the flawed justice system in this republic.
A jury of twelve courageous Pennsylvanians returned a “not guilty” verdict on all charges in less than four hours.
More egregious than my experience is the case of the United States of America v. Dr. Rajendra Bothra and his colleagues.
The government kept Dr. Bothra imprisoned unjustly for three and a half years and alleged, without any credible evidence, a massive healthcare fraud loss of more than $450 million.
The case presented by an overzealous and uninformed prosecution team from the United States Attorney’s Office of the Eastern District of Michigan collapsed at trial under its massive wrongful weight. The jury of twelve lay Michiganders quickly returned a “not guilty” verdict on all charges—more than 50.
A logical layperson in the United States of America may only wonder how the Department of Justice can prosecute a group of physicians, claiming they provided $450 million of fraudulent services, and come out empty-handed at trial despite more than 50 criminal charges.
“Bupkis” is how a lay juror described the government’s evidence, indicating that the jury did not believe the case the United States Department of Justice presented against physicians.
“THE FIELD OF MEDICINE WILL NOT YIELD TO DEA INTIMIDATION
These cases are similar to most cases brought against physicians in the United States for healthcare fraud. Nonetheless, the government can obtain convictions against some physicians who cannot mount an appropriate defense to these overzealous, uninformed, and devoid-of-fact prosecutions.
POWER YIELDS NOTHING WITHOUT A DEMAND NEVER HAS AND NEVER WILL.“
The government has not kept its promise not to interfere in medicine as codified by federal law. In 42 U.S.C. §1395, “Prohibition Against Any Federal Interference,” the law indicates:
“..Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or how medical services are provided or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person..”
Nonetheless, Supreme Court Justice Neil Gorsuch observed in 2019, “Criminal laws have grown so exuberantly and come to cover so much previously innocent conduct that almost anyone can be arrested for something.”
Civil liberties lawyer Harvey Silverglate has suggested that “the average busy professional in this country” may unwittingly commit “several federal crimes” every day.
Imagine the theoretical scenario envisioned by the health care fraud division of the Department of Justice ensnaring an independent physician in private practice in Middletown, America.
Who struggles with declining reimbursement, overburdening regulations, a staffing crisis, and significant burnout after the COVID-19 pandemic? The overburdened, overworked, and underpaid physician overlooks the fire extinguisher in his office with an expired inspection tag for over 30 days.
According to federal regulations, when a physician signs an agreement to participate in the Medicare system (form 855), the physician must comply with all federal, state, and local rules and regulations.
An expired fire extinguisher inspection violates federal, state, and local rules and subsequently violates Medicare’s agreement terms.”
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