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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:

  1. 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…

and

2. 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.

 

 

There is a video explaining how the Controlled Substance Act is being abused to attack doctors illegally. It is located on the page Videos.  The DVD can be purchased here.  We appreciate your support of our work. We also offer webinars/seminars that can be scheduled. Just Contact Us.

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.

Under this menu header are examples of government documents that are used against doctors. You can see how these documents are being used inappropriately when you read them.

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.

 

THE CRIMINALIZATION OF MEDICINE

 

2007 by Ronald T. Libby

This book was written over 10 years ago, but it still tells what is happening today. This information needs to be shared with everyone.
Go to the library and get this book and get everyone you know to read it. Or you can purchase your own copy at Amazon.

As described in Goodreads:

Medical doctors have been made political scapegoats for the financial crisis of healthcare and the failed war on drugs in the United States, says author Ronald Libby. In order to combat health fraud and abuse, the government launched tough new laws and guidelines designed to battle rising urban violent crimes, illegal drugs, and terrorism. But, by eliminating safeguards to protect the innocent, those same laws and guidelines also made it far easier for agents and prosecutors to arrest, charge, fine, convict, and imprison physicians. Current witch hunts for doctors now include wiretaps and whistleblowers who get 35 percent of the fines, even before conviction. Under a new doctrine of harmless error a doctor receives no protection against false testimony, Libby explains all of this, offering cases from media reports, personal interviews, and records of trial as examples in this compelling book. Huge law enforcement bureaucracies have been created to target doctors for alleged fraud, kickbacks, and drug diversion. Federal, state, and local police are rewarded for prosecuting doctors and other healthcare professionals, while investigators and prosecutors receive pay raises and promotions, and law enforcement agencies seize the assets of doctors charged with felonies. Libby explains that doctors are prosecuted for billing mistakes, for referring patients to clinics, or treating pain patients with pain-relieving drugs. They receive large fines and long prison sentences, some even harsher than those given common criminals who’ve committed the most violent offenses. Join Senior Research Fellow Libby, who is also a Professor of Political Science, as he shows us why doctors have been demonized as corrupt and greedy entrepreneurs, how media sensationalizes doctors’ arrests, and what unjust prosecution could mean for the future of healthcare. 

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