from youarewithinthenorms.com
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., 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., M.B.A., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, IN THE SPIRIT OF WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, IN THE SPIRIT OF WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., IN THE SPIRIT OF 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
RISE OF THE PROSECUTORIAL PSYCHOPATH
This article features a discussion from The Doctor Patient Forum regarding the aggressive tactics used by the Department of Justice to prosecute medical professionals during the opioid crisis.
The purpose of this analysis is to deconstruct these strategies, assess their direct implications for medical practitioners, and articulate the DOJ’s underlying goal: to shift the legal battleground from the ambiguous realm of medical judgment to the more concrete domain of financial and administrative compliance.
The dialogue centers on a presentation by a former U.S. Attorney who describes how prosecutors utilize a “toolbox” of non-medical charges to arrest physicians and pharmacists.
Because proving illegal drug distribution is often difficult, federal authorities instead rely on creative legal strategies such as wire fraud, money laundering, and tax evasion to secure convictions.
However, the presenters argue that these methods result in unfair asset forfeiture and create an atmosphere of fear that discourages doctors from treating chronic pain patients. Ultimately, the speakers advocate for Claudia Merandi, and Beverly Schectman argues for federal legislation to protect legitimate prescribers from being targeted by these inventive prosecutorial maneuvers.
The Rationale for “Creative” Prosecution: Bypassing Traditional Hurdles
The DOJ’s adoption of novel prosecutorial methods stems from a strategic rationale to bypass the evidentiary challenges associated with traditional drug enforcement laws. While prosecutors have a “tried and true” statute for these cases, its application in a clinical setting has proven difficult, prompting a shift toward tactics that reframe the alleged crime.
The standard statute used to prosecute physicians is 21 USC § 841, which criminalizes the distribution of a controlled substance “without a valid purpose.”
According to then-U.S. Attorney for Arkansas, Dwayne Keys, the primary challenge prosecutors face with this statute is proving a physician’s criminal intent. This difficulty arises because a doctor’s decision to prescribe is often based on information provided by the patient.
THE PROSECUTORIAL PLAYBOOK
As Keys noted, patients seeking drugs for non-medical purposes often “know exactly what to say,” making it hard for prosecutors to prove that a doctor was not acting on information they believed to be legitimate.
This prosecutorial challenge is the foundation for the shift in strategy. While the first rule of prosecution is traditionally “do not be inventive,” Keys explained that in response to the Sessions memo, prosecutors chose to “be creative.”
The tactics outlined below are a direct response to the difficulty of proving a violation of 21 USC § 841 in a medical context.
This policy briefing analyzes a strategic shift by the U.S. Department of Justice (DOJ) toward using unconventional legal statutes to prosecute physicians for opioid-related offenses. This approach, detailed in a 2019 presentation by a U.S. Attorney, represents a significant evolution in federal enforcement tactics.
The TOOL MEMO foundation for the DOJ’s “creative” approach stems from a 2018 memo by then-Attorney General Jeff Sessions.
The catalyst for this change was a 2018 “toolbox memo” from then-Attorney General Jeff Sessions. The “Toolbox Memo” and the Shift in Prosecution The foundation for the DOJ’s “creative” approach stems from a 2018 memo by then-Attorney General Jeff Sessions. This directive instructed U.S. Attorneys to use “everything in your toolbox” to combat the opioid epidemic. In response, federal prosecutors began to employ a range of ancillary charges to secure convictions against physicians, moving beyond traditional drug distribution statutes.
This briefing will now examine the specific legal frameworks being leveraged in this “creative” approach to prosecution. The “Toolbox Memo” and the Shift in Prosecution
• Directive from the Attorney General: In his 2019 speech, Dwayne Keys referenced this “toolbox memo,” summarizing its directive: “I am instructing US attorneys to use everything in your toolbox to stop the prescription of these illegal opioids.”
• Breaking from Tradition: Keys noted that this instruction was a significant departure from standard prosecutorial practice. He stated, “Prosecutors will tell you the first rule of prosecution is do not be inventive… just go with the tried and true.”
• Challenges with the “Tried and True” Statute: The traditional statute for prosecuting “pill mill” doctors is 21 USC 841, which criminalizes dispensing a controlled substance “without a valid purpose.” Keys explained the difficulty in proving this charge, stating, “a good portion of the time when a doctor determines whether or not to prescribe opioids that doctor is relying in great part on what the patient is telling them.” He described how patients seeking drugs “know exactly what to say,” making it difficult to prove a doctor’s criminal intent.
“Creative” Charging Strategies Against Prescribers
As a result of this difficulty, the DOJ developed alternative charging strategies to secure convictions without needing to prove the prescription itself was illegal “beyond a reasonable doubt.”
Dwayne Keys detailed several “inventive ways” federal prosecutors are using to build cases against doctors and pharmacists. These methods target the administrative and financial aspects of a medical practice rather than the act of prescribing alone. As Keys stated, “we are going after that we’re trying to defeat this opioid crisis without ever charging doctors with actually giving over illegal drugs.
THE AMERICAN DREAM ON TRIAL
“Our purpose is to help you find a quality dental practice like Savani Bhaskar DDS. Call the dental office of Savani Bhaskar DDS to make an appointment with Dr. Bhaskar Savani in Bala Cynwyd.”
The Savani Family: A Story of Entrepreneurship, Service, and Resilience
Bhaskar Savani, DDS is a family dentist working out of Bala Cynwyd, PA. We are always improving to give you the perfect resource to find the right dentist. Our purpose is to help you find a quality dental practice like Savani Bhaskar DDS. Call the dental office of Savani Bhaskar DDS to make an appointment with Dr. Bhaskar Savani in Bala Cynwyd.
Over 35 years ago, three brothers from India—Bhaskar, Niranjan, and Arun Savani—emigrated to the United States to pursue the “American Dream.” Driven by a spirit of hard work and service, they embarked on an entrepreneurial journey that would span more than three decades.
In that time, they forged a network of thriving, legitimate businesses that have created over 2,200 American jobs and provided essential services to communities across the nation.
In what has been characterized as unwarranted federal prosecution of the Savani family’s diverse healthcare and business empire. It outlines how a decade-long investigation into alleged RICO violations, tax discrepancies, and immigration fraud actually stems from routine administrative practices and the false claims of a former employee rather than criminal intent.
By highlighting their history of philanthropy, job creation, and service to underserved dental patients, the text argues that the government’s 42-count indictment represents a massive prosecutorial overreach.
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