DEA’s Illegal Protocols

Most people in America know that if you lie to a government official, you can be charged with a crime.  The law regarding lying to the federal government is set out in Title 18, Section 1001 of the United States Code. This law criminalizes telling such lies when a person willfully and knowingly makes a materially false or fraudulent statement in any matter regarding any of the three major branches of the United States that federal law has jurisdiction over. A statement is considered material when it has the natural ability to influence the decision of the body that is making the decision. But most people are unaware that government officials can lie until they are blue in the face, and nothing happens to them.

Osmin Morales, MD was a licensed medical doctor in Florida. He practiced interventional pain management, but also prescribed opioids to chronic pain patients. Interventional treatments often don’t get to the cause of pain, so most patients depend on analgesics for lifetime pain control. And because of the encroachment of the government into medical practice to ensure job security and promotions, the prescribing of pain medications is now a target of corrupt government agencies. They’ve made it impossible for independent, solo-practice physicians to comply with all of the requirements so that they can be eliminated. So Dr. Morales became a government target.

Standard DEA’s Protocol to Lie

On November 18, 2020, armed DEA agents Jessenia Diaz, Nicolas O. D’Arpino and Phillipe Archer appeared unannounced at Dr. Morales’ home, and without knocking, ringing the doorbell, or invitation, entered his home. They confronted Dr. Morales’ wife and son in the living room and demanded to see Dr. Morales. Dr. Morales, who was in his bedroom, rushed to the living room where he was surrounded by the agents. They did not introduce themselves or explain the reason for their visit. Instead, they accused Dr. Morales of illegally dispensing controlled substances and questioned him about selling controlled substances to patients outside the office. The agents told Dr. Morales that they had enough evidence to immediately arrest him and that if he did not sign DEA Form 104 surrendering his DEA Certificate of Registration, they would take him to jail. Dr. Morales told them that he wanted to call his attorney before signing the form, but they said he could not and that if he did not immediately sign the form, they would take him to jail. Dr. Morales then stated he did not want to sign the form because he did nothing wrong.

So then comes the lie. The agents assured him that if he did sign, it would indicate good faith and they would quickly approve a new DEA registration if he applied. So Dr. Morales signed the Form.  WRONG!! Once a doctor signs away his right to prescribe controlled substances, he will never get it back.  The DEA knows that, has it built in to their process, and most doctors fall for the trap. Even the form lies, stating

“With the understanding that I am not required to surrender my DEA Certificate of registration, I freely and under no duress, implied or expressed, execute this document and choose to take the action described herein.”

What a bunch of bull___!

On November 25, 2020, Dr. Morales sent a letter to William P. Stockmann, the DEA Diversion Program Manager for Miami, Florida, attempting to revoke and rescind the Form. Stockmann refused the request and did not return Dr. Morales’ DEA Registration. On December 4, 2020, Dr. Morales re-applied for a DEA registration. Diaz informed Dr. Morales’ counsel that she will not approve the application.

Dr. Morales’ Complaint

On June 30, 2021, Dr. Morales filed a complaint against the DEA and the agents in this case. In response, the Defendants filed motions to dismiss. The reason given was that they have sovereign immunity. The Court agreed.

“The United States and its agencies and officers in their official capacity are immune from suit except to the extent that they consent to be sued.”

Dr. Morales charged the Defendants with a Bivens action for violations of his Fourth and Fifth Amendment rights based on

1. telling Plaintiff “that he could not consult with any attorney[;]”
2.  telling Plaintiff “they would take him to jail[;]”
3. telling Plaintiff “they would quickly approve” a new DEA registration; and
4. questioning Plaintiff “about selling controlled substances to patients outside the office and prescribing controlled substances to patients without seeing them.”

All of the charges were dismissed by Darrin P. Gayles United States District Judge.

So what does this tell you?  And I can verify it isn’t an isolated case. It happens everywhere simply because they can do this without repercussions and the Justice Department is in collusion with the DoJ against the constitutional rights of the citizens of America.

The Rest of the Story

Dr. Morales went to trial in January, 2024. After 7 days, he was convicted of illegal distribution of controlled substances on January 12. This is in spite of the Ruan/Kahn SCOTUS decision in 2022.

What needs to be done?

First, we have to do away with the DEA through the repeal of the Controlled Substance Act.  The war on drugs has always been an avenue to attack minorities for political purposes.  No drug causes addiction, but through propaganda the government has most citizens believing they do.

Second, we have to eliminate sovereign immunity.  If a government official breaks the law, they need to be held accountable. With the elimination of morals and values in America, they now just laugh in your face, saying “Sue me”. Because they know how far that will get you.  Everyone should be doing something about this.  Today it is affecting my profession and my life.  But someday it might also affect yours.