Government Tricks in the War Against Doctors
- Misuse of the Controlled Substances Act.
The CSA was put into law in 1970 by Richard Nixon. The primary goal was to prevent illicit drugs from entering the United States and to prosecute drug cartels that did, and confiscate their assets. Doctors were exempt from the criminal charges set up in this law. To show the real purpose for the law, criminal charges are based on the milligrams of marijuana being distributed. So when the Justice department decided to turn the law against legitimate prescribers of controlled substances, they had to create an exchange formula. Every controlled substance is equated to marijuana in proposed strength through the equivalence of oxycodone. That is why any controlled substance being prescribed, down to chloral hydrate, a sleep aid given to children, would be charged with “oxycodone distribution”. They couldn’t really charge doctors with “marijuana distribution”, so they picked oxycodone as the equivalent. Now does it surprise you that oxycodone became the most attacked drug on the pharmacy shelf, even though other drugs have a higher addiction potential, and are prescribed more often? Could it be that they want the public opinion to automatically click to “guilty” when they see that phrase?
The way they got around the CSA exemption of doctors was to adulterate the phrasing used in the CSA. The paragraphs pertaining to doctors state:
- Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule II-IV may be dispensed without the written prescription of a practitioner…
- No controlled substance in schedule V which is a drug may be distributed or dispensed other than for a medical purpose
So the Justice Department took the phrase “medical purpose” and used it to attack doctors, saying their treatment was not for a “justifiable medical purpose” and jurors bought it, hook, line and sinker. Once one court found a doctor guilty, it opened the door for more doctors to be charged. Even though in appeals courts, judges stated in their remarks that doctors were exempt from the law unless they were acting like street pushers, the US Attorneys didn’t change their method of attack. They just now use the phrase “like a street pusher”. This will continue until the legislature writes an amendment to the law further stating the exemption in words that the Justice Department can’t adulterate. And since the entire purpose of this attack is for the government to make money off of doctors to pay salaries of Justice Department employees, Agency officials such as HHS and DEA, and law enforcement, it will take people’s votes to make this happen. Even though the courts know that this adulteration of the law is not the intent of the law makers, they refuse to reverse these decisions of lower courts, probably because of the money they are making, as well as all of the lawyers that are getting jobs as a result. The legal profession is one big happy family, taking care of each other at the expense of innocent citizens. Remember judges were once lawyers, and their pledge is to the profession.
- DEA administrative hearings are a farce.
According to the law per Title 21 Chapter 13, the DEA is supposed to issue an applicant a certificate unless the issuance is “inconsistent with the public interest”. It is even written in the law that:
In determining the public interest, the following factors shall be considered:
(1) The recommendation of the appropriate State licensing board or professional disciplinary authority.
(2) The applicant’s experience in dispensing, or conducting research with respect to controlled substances.
(3) The applicant’s conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances.
(4) Compliance with applicable State, Federal, or local laws relating to controlled substances.
(5) Such other conduct which may threaten the public health and safety.
But they simply deny any doctor’s certificate that they want to with the catchall “against the public interest”. And there is no recourse for the doctor in the court. They don’t have to state what is being done against the public interest. But basically, if a doctor prescribes any controlled drugs at all, they are prescribing “against the public interest” as far as the DEA is concerned.
So again, lawmakers need to be specific as to what is considered “against the public interest” and be clear enough that the Justice Department can’t take another law and adulterate it to criminalize good doctors.
- Attacking doctors for the primary purpose of forfeiting their property.
The law allows for property of doctors to be forfeited through this section:
- 853. Criminal forfeitures.
- (a) Property subject to criminal forfeiture
Any person convicted of a violation of this subchapter or subchapter II of this chapter punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law –
- (1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation;
- (2) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and
- (3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of section 848 of this title, the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise.
Property subject to criminal forfeiture under this section includes –
- (1) real property, including things growing on, affixed to, and found in land; and
- (2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities.
This provision in the law is the main reason why doctors are being attacked instead of the people actually diverting the drugs by purporting pain in the doctor’s office and then turning around and selling the pills on the street. The law pertaining to those criminals is:
- 843. Prohibited acts C.
(a) Unlawful acts
It shall be unlawful for any person knowingly or intentionally –
(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
But these people are not charged anymore, even when the doctor reports them for fraud or doctor-hopping. It’s not where the money is.
If you know of any other tricks being used by the government to attack innocent physicians, please write a comment and I will add it to the list.