Edward Neil Feldman, MD, a 76 y/o orthopedist in Tampa, Florida, was convicted of drug charges in February, 2016. He was sentenced to 25 years with a release date in 2033 at the age of 101. That means that he will probably spend the rest of his life in prison if we, the citizens of America, don’t do something to bring the rule of law back into the Justice system.

Problems with this case which point to Dr. Feldman’s innocence and many others in the country just like it.

  1. Dr. Feldman was convicted of prescribing controlled narcotics “without legitimate medical purpose and outside the course of normal practice.” which lead to the deaths of three patients.

Our argument:
A doctor’s prescribing of a controlled substance is legal. The US Code states:

1306.04 Purpose of issue of prescription.

(a) A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice.

Using the phrases “without legitimate medical purpose” and “outside the course of normal medical practice” has become a justice department loophole supported all the way through the system, in order to take control of physician’s assets. The original phrase was to exempt physicians from facing charges under the Controlled Substance Act. As stated by the Supreme Court, doctors are exempt unless they are selling like street pushers. As long as the patient is being evaluated and treated, all physicians should be exempt of charges like this one. In the last 20 years, the government has found out that they can make money attacking doctors by making this vague charge, so they do it. And no one is stopping them. The way it should be is this:

If a doctor evaluates a patient and determines that he/she needs a controlled drug for the problem, he is prescribing within the course of legitimate medical practice. But instead, now we have simply over-zealous US Attorneys making this claim against anybody they want. They aren’t doctors. They don’t know the decision-making steps to determine need for a controlled drug. So why are they now considered the experts in what is legitimate medical practice?

  1. Dr. Feldman was declared responsible for three patients’ deaths.

Our argument:
Doctors should never be held responsible for a patient’s death due to overdose on drugs unless the prescription is out of the range of therapeutic level for the patient. Doctors are not present when the patient takes the drug. We are not responsible if the patient has come to us under false pretenses to abuse the medication.  We are not responsible if the patient has the intention of committing suicide. No matter what, the death of a patient should not become a criminal charge against the doctor. If the doctor prescribed incorrectly, it should be handled as a civil matter for malpractice, not criminal. But again, more prosecutors are using attacks on doctors to bring in money through confiscation of the doctor’s assets.

  1. The use of the term “pill mill” for a legitimate doctor’s office.

Our argument:
This is a negative term used against doctors to inflame prejudice against them.  It is irresponsible reporting like this that puts innocent people in prison.

  1. It was the government’s second shot at trying the case — the first effort in November ended in a mistrial — and it was the doctor’s second felony conviction. He was put on probation in 2004 for taking kickbacks from an MRI clinic, which led to a brief suspension of his medical license.

Our argument:
Perfect evidence that Dr. Feldman was simply a target of the government and has really done nothing criminal. Just like me, he was first attacked financially. This is how the government gets through the doctor’s office door.  In my case they charged me with Medicare fraud. Of course, every doctor in this country can be charged with Medicare fraud. The government has made it so, so they can acquire any doctor’s assets that they want. It’s all about the money.

  1. The doctor’s wife, Kim Feldman, 66, was convicted along with Kim Xuan Feldman, wifeher husband of five related counts in a $5.7 million drug and money conspiracy.

Our argument:
Again, demonstration that the entire purpose of this operation is to acquire the doctor’s assets. Knowing that the government is targeting doctors to take their assets, Dr. Feldman thought he was protecting his by putting his office in his wife’s name. But to get their hands on the dough, they charge the wife with conspiracy. Did you know that there is no defense in this country for conspiracy? There are a lot of innocent people sitting in prison cells because of conspiracy charges. Conspiracy laws need to be changed so that there has to be proof of the conspiracy. Right now, no proof is needed. The charge makes you guilty.

Kim Feldman’s attorney, Timothy Taylor, described her as a square peg in the DEA’s round-holed conspiracy investigation, telling jurors she had little involvement in the clinic. He said she was charged only so that the government could seize the couple’s assets, which include the building that houses the Feldman Orthopedic and Wellness Center on Park Boulevard in Pinellas Park and a house in Tampa’s Ballast Point area.

  1. “In reports last year, the Tampa Bay Times told of pill bottles bearing Feldman’s name found at numerous overdose scenes.”

Our argument:
Pain management in Florida has become a disaster. People cannot get medication for pain. And when they get a prescription, they can’t find a pharmacy to fill it. Pain is the worst condition a person can have. I’m sure a portion of the overdoses involved here were quite possibly suicide. Or they could have been accidental, with patients that hadn’t had medications for a while, and didn’t know their system would have become less tolerant with time. There is no way that deaths should be blamed on the doctor unless, as stated previously, the prescription is grossly overwritten in strength.

  1. “Wednesday’s verdicts came in the fourth week of a trial that showed the illicit side of pain management clinics, with talk of patient track marks, parking lot police stakeouts and a doctor with a high-speed cash counter.”

Our argument:
Running a cash-only pain management practice should not be an indication of illegality. Since the government uses charges involving insurance billing to get into an office, many pain management physicians are now running practices that do not bill insurance. Such was my case. The government tried to make me look like I was illegitimate for the same reason. But with my office charges as low as $35 per visit, they really had to pull the wool over the eyes of the jury stating that I was “doing it for the money”. But they did, surprisingly enough. Even though their “expert witness” physician charged $300 per visit!

  1. “Feldman’s prescribing practices were influenced more by the physician’s greed than the patients’ ploys. The prosecutor said he handed out addictive drugs like they were candy and ignored red flags signaling abuse.”

Typical US Attorney bulls___—make the doctor appear to be after the money, using phrases like “handing drugs out like they were candy” to prejudice the jury.

  1. The doctor’s attorney was Dale Sisco. He told jurors “Feldman was unfairly targeted by the Drug Enforcement Administration and was guilty of nothing more than incomplete recordkeeping.”

Our position;
Considering Dr. Feldman’s age, I can guess that he kept paper records, and they were in the old style where hardly anything was documented. Back in his day, a doctor’s decision was enough to prove treatment. Incomplete recordkeeping is not a crime. Again, as long as the patient is evaluated and a decision is made by that evaluation, the doctor should not be found guilty of doing anything criminal.

  1. Involvement of the staff in their testimony. Clinic staff had implicated Ms. Feldman in their testimony.

Our argument:
Jurors need to be aware of the extent of perjury in court today. In my case, the testimony of most of the witnesses that said anything against me was perjured. Since the defendant cannot communicate with staff once charged with a crime, he/she is at a loss. And the government threatens and coerces people to say what they want. In my case, my nurse was held in interrogation for 6 hours, threatened to be sent to prison if she didn’t lie on the witness stand. She was strong and refused, but the doctor in my office caved in and committed perjury. My guess is that Dr. Feldman’s staff was also threatened with conspiracy charges, and simply said whatever they were told to say.

Overall, from the information in this article, I can honestly say that Dr. Feldman is innocent, the US Attorney targeted a physician for money/job status, etc., and the medai wrote for sensationalism, spreading the anti-doctor agenda of the government just a little farther.

We, the American people, have to stop this flagrant attack on good, caring physicians. Tell your friends about this website. Inform us of other doctors being charged. Send us information on the true experiences patients have had in the doctor’s offices. Get involved. Next time it might be your doctor being attacked.

2021 Addendum

Dr. Feldman’s wife, Kim Xuan Feldman, was sentenced to 4 years. She was released 8/18/19.

Dr. Feldman died in prison on 8/4/21.

People need to get behind getting the CSA repealed so that the illegal government action against doctors like Dr. Feldman is corrected.

Addendum from the author:

I have failed in my mission to end these attacks on doctors and pain patients. Through John Bevere’s book The Bait of Satan, I have figured out why—my lack of forgiveness to those who attacked me. As in Mark 11: 24-26:

“Therefore I say to you, whatever things you ask when you pray, believe that you receive them, and you will have them. And whenever you stand praying, if you have anything against anyone, forgive him, that your Father in heaven may also forgive you your trespasses. But if you do not forgive, neither will your Father in heaven forgive your trespasses.”

And when you do not do the will of the Father, you are estranged from him and he will ignore you.  So we all must forgive the agents who attacked us in order for things to be made right through any of our works.

Jesus said

“Greater love has no one than this, than to lay down one’s life for his friends.”

But we cannot lay down our lives for God unless we know Him well enough to trust Him. We must have the assurance that He would never do anything to harm us. He always looks out for what He knows is in our best interest. As a nation, those of us suffering from these attacks must understand that we are serving as God’s messengers of love.  We must forgive those who persecute us and love them instead, following God’s will for us. Then and only then will we see fruits from our labor.

So I hope that everyone who has suffered from what happened to Dr. Feldman can trust the Lord, forgive those who have hurt you, and help bring this country back to the God-fearing country that our forefathers founded. Then, and only then, can you be a part of the effort to stop these attacks. I look forward to that day.

Linda Cheek, MD

About the Author Linda Cheek, MD

Linda Cheek is a teacher and disenfranchised medical doctor, turned activist, author, and speaker. A victim of prosecutorial misconduct and outright law-breaking of the government agencies DEA, DHHS, and DOJ, she hopes to be a part of exonerating all doctors illegally attacked through the Controlled Substance Act. She holds the key to success, as she can offset the government propaganda that drugs cause addiction with the truth: The REAL Cause of Drug Abuse.
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