Pawan Kumar Jain, M.D, 64, is still sitting in a New Mexico county jail since 2014—2 years innocent until proven guilty, and 18 months awaiting sentencing after a forced plea of an innocent doctor. Dr. Jain—another minority casualty in, what I term, an establishment ethnic cleansing of the medical profession—was a neurologist in pain management in Las Cruces, New Mexico. Having spent 2 years in jail as an innocent man, he finally pleaded guilty in Feb. 2016 to one count unlawfully dispensing drugs and one count health care fraud. What happened to “innocent until proven guilty”? This is one of the ways that the government is putting innocent doctors in prison—preventing their ability to defend themselves. Lawyers don’t do much for people sitting in jail cells. Under the terms of his plea agreement, Dr. Jain will be sentenced to a prison term within the range of 42 to 108 months. He continues to be held locally after his guilty plea until his sentencing, but that doesn’t appear to have happened yet, 18 months after his plea—out-of-sight, out-of-mind.
Through 2 series of indictments, Dr. Jain was finally charged with 79 “unlawful” dispensing charges and 59 healthcare fraud charges based on the “unlawful” dispensing between April 2009 and June 2010, including allegations that his conduct resulted in the death of four patients. His license was suspended in June, 2012, and then revoked in Dec, 2012.
According to his plea, Dr. Jain acknowledged that in his treatment of one patient he conducted “cursory exams and did not document a therapeutic benefit from the narcotics he was prescribing.” Well, in a real court of law—that follows the laws actually written—that statement is proof of actual innocence. According to the Controlled Substance Act, a doctor is exempt from charges for evaluating a patient in his office. The fact that an exam took place is proof that there was an evaluation in the doctor’s office.
The charge of health care fraud is based on this erroneous charge that the doctor’s exam of the patient was “cursory” and he billed to Medicare. Doctors take note: the government is out to reclaim all moneys paid to you by government insurance and pad the prison economy with you in a prison cell. Every doctor in this country needs to stop taking government insurance.
In order to achieve recognition from their respective agencies, U.S. Attorney Damon P. Martinez, DEA Agent Joseph M. Arabit and Will Glaspy, FBI Agent Carol K.O. Lee and Terry Wade made the usual outlandish propagandizing statements to the press, and admitted their collusion with the New Mexico Medical Board in attacking Dr. Jain.
If anyone can find out the current status and location of Dr. Jain, please let me know. There have been no media reports of his sentencing, and he is not found in the federal inmate system.