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The Second Attack

The second attack began in June, 2010 as a result of Dr. Cheek fighting the denial of her DEA certificate. She requested an administrative hearing with the DEA. The DEA agent Steven Tomaziefski, had denied her certificate stating that it would be “against public interest”. In order to fabricate reasons to deny her certification, the government conducted a raid. They confiscated 52 patient charts in the process. There were still no charges filed. Life continued on as it had been, with Dr. Schultz the doctor for pain management if the patient did not want the alternatives of prolotherapy or cleansing that Dr. Cheek offered. The only difference was that Dr. Schultz called in her own scripts. She continued to call in scripts of patients she had not personally seen but were reported to her by Dr. Cheek by phone call. That was by her decision, not Dr. Cheek’s. But even though the government specifically stated at Dr. Cheek’s trial that Dr. Schultz could not legitimately prescribe medicines for patients that she did not lay hands on, she was never charged with any crime.

In September, 2010, Dr. Cheek was called before the Board of Medicine to face several complaints filed on her. During this review, Dr. Schultz was a witness for Dr. Cheek. They both explained the process we were using in patient care and how frustrating it was by the DEA denial of Dr. Cheek’s certificate. In Dr. Schultz’s testimony, she contradicted much of what she had been forced to say earlier by the government in their paperwork. So much in fact, that when it came time for her to testify at Dr. Cheek’s DEA administrative hearing in October, the US Attorney filed a target letter against her to shut her up, informing her that she was a target of an investigation and she might be charged with criminal activity. So she opted to not testify at the hearing.

The government had been working on Dr. Schultz since June, 2009. This was not known to Dr. Cheek until her trial. But on October 28, 2010, Dr. Schultz wore a wire for the government when she came to the office. She had relinquished her medical license at the US Attorney’s office the day before. So she could no longer prescribe medicine and patients were once again thrown to the street. Patients were in the waiting room and Dr. Cheek had to inform them that they would get no refills. The government hoped to catch her saying something or doing something on the tape to incriminate her. All they got was her asking Dr. Schultz if she knew any other doctor who could work for 3 weeks. She anticipated that she would get her DEA certificate on November 22, because there was no justification for them saying her practice was “against the public interest”.

Immediately Dr. Cheek started looking for a physician to send their patients to. Within 2 days, with God’s help, she found a physician in Roanoke—a doctor who even headed the methadone clinic. But his assistance lasted longer than the three weeks because the DEA judge upheld the denial of the certificate stating it would be “against public interest” even though none of the requirements for that denial were met. The new doctor saw the patients at his office until he was forced to quit the end of December when DEA Agent Tomaziefski stopped by his office and said threateningly “We’re watching you.” So he quit seeing Dr. Cheek’s patients. Then she, again with God’s help, found a locum tenens physician living in Roanoke who came down to her office once a month. All of the patients still needing prescriptions came in one day and he refilled their meds. He also ended up being harassed by the Medical Board and the DEA. In April, 2011, he made his last visit. After that, patients were forced to travel hours to get medication or withdraw off. Nine patients died, that Dr. Cheek is aware of. With no doctor to help, Dr. Cheek closed her office. She lived the next 2 years off of selling her possessions, renting her home in Dublin on, and a home equity loan.

Not having the money to pay the mortgage on her office building which was supposed to act as her retirement, being self-employed, she got a change on her payments to be interest only for 6 months. She hoped that she would be back in practice by then, having done nothing criminal. She had no idea the lengths the government would take to put an innocent doctor in prison. The bank did something underhanded, however. In the fine print they rewrote the note, making it come due at the end of that 6 months. Dr. Cheek had $216,000 left on the building after paying on it for 12 years. The bank then went after her sister because her name was on the note. Not having any collateral at the time the building was built, Dr. Cheek had formed a corporation made up of her parents, herself and her husband at that time, and her sister and brother-in-law. Her sister and brother-in-law were the only other ones still alive. So they had to pay off the note. At that time, her sister supported her. But over the next 4 years, that support ended because of the money. At the time this is written, Dr. Cheek does not have a relationship with her sister. Another result of government persecution is the destruction of the family.

 Finally, Dr. Cheek was indicted—172 counts of oxycodone distribution and 1 count of using her office to commit a crime. Since she had never distributed oxycodone illegally or used her office to commit a crime, the indictment was laughable to her. She did not understand how the government has turned the Controlled Substance Act (CSA) into a tool to attack good doctors doing their job. See the page on government tricks to learn how this is done.


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