Eric Backos, MD, 65, is a physical medicine and rehab specialist in Warren, Michigan and has been practicing for 38 years. He is one of the six doctors at 3 clinics who are being unbelievably charged with fraud with the outlandish government reasoning that he is prescribing opioids to make the patients have to come back for a chronic condition. If the government is successful for these charges, no doctor in any specialty is safe from this type of prosecution.
Dr. Backos was indicted on 11 counts: one of health care fraud conspiracy, one of conspiracy to distribute/possess with intent to distribute controlled substances, five counts of aiding and abetting health care fraud, and 4 counts aiding and abetting the unlawful distribution of a controlled substance.
The fraud charges allow the government to confiscate money (charged, not just paid) for Medicare and Medicaid patients for the last 5 years. With Dr. Backos’ compassion and number of government-insured that he treated, it was easy to pick out a couple of patients to create a false crime:
This is the law that is being adulterated to create these false charges:
18 U.S.C. § 1347 – Health care fraud
(a) Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice–
(1) to defraud any health care benefit program; or
(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program, in connection with the delivery of or payment for health care benefits, items, or services…(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.
So the government is turning this vague law against any physician to fund the government coffers and give the DOJ job security. And statute (b) is really scary when it says there is no such thing as mens rea anymore in our justice system. In other words, you can be charged criminally for something you don’t even know is criminal or have the intent of doing something criminal.
And now the government is using this law to declare appropriate medical care as fraud. America should not stand for this. The REAL criminals need to spend time in prison. That would be U.S. Attorney Matthew Schneider, AUSA Brandy R. McMillion, FBI agent Timothy Slater, along with the agents in DHHS, OIG, DEA, Blue Cross/Blue Shield corporate offices, and the local Warren Police Department for illegal search and seizure and violation of these doctors’ constitutional rights. And don’t forget Judge Stephen J. Murphy who knows the SC judgement that doctors treating patients are exempt from CSA prosecution, but who allows it to happen anyway for the money.
The government is trying to say that appropriate procedures for pain management are unnecessary and therefore ineligible for reimbursement. And who is making this determination? A doctor? NO! An untrained, often uneducated chart reviewer who is paid by the number of charts they find are “uncompliant”.
What is the purpose of these charges? The $924 billion debt is being offset by confiscating all the payments made to doctors for the last 5 years. So doctors taking care of government insured or BXBS, take note: You are treating these patients for free and you will lose your business through bankruptcy when the government charges and fines you to get even more money back then what they paid you.
Here are Dr. Backos’s actual Medicare claims for the year 2014, as found in the 2014 Medicare Physician and Other Supplier National Provider Identifier (NPI) Aggregate Report.
Overview: 35 HCPCS Codes were used for 5960 medical services for 624 Medicare patients. Here is the breakdown of patients evaluated:
- Total Number of Medicare Patients: 624
- Average Age of Medicare Patients: 54
- Number of Patients Under Age 65: 504
- Number of Patients Age 65 to 74: 96
- Number of Patients over 74: 0
- Number of Female Patients : 363
- Number of Male Patients: 261
- Number of Non-Hispanic White Patients: 316
- Number of Black or African American Patients: 289
- Number of Patients with Medicare Only Entitlement: 201
- Number of Patients with Medicare & Medicaid Entitlement: 423
Medicare Payments Data
- Total Medical Submitted Charge Amount: $794,975.00
- Total Medical Medicare Allowed Amount: $398,276.63
- Total Medical Medicare Payment Amount: $294,580.60
- Total Medical Medicare Standardized Payment Amount: $272,836.84
That would be $638 per patient per year, which is not a surprising amount. Doctors are basically sitting ducks. Easy low hanging fruit who don’t even try to defend themselves against ridiculous charges like this.
In order to use the Controlled Substance Act and therefore also forfeit everything the doctor owns and make him destitute so he can’t defend himself, the “aiding and abetting charges are for one patient: 30 Lortab and 45 Suboxone on March 4, then 120 Lortab on May 2 and 120 Percocet on June 27.
As a result of this attack, hundreds of patients are thrown to the street for self-treatment, to face the possibility of death through illicit drugs. But as Medicare patients, their deaths are part of the government’s legal genocide of the expendable population. Also, 50 employees of the clinic are now jobless.
Chronic pain patients are all jumping on the wagon of fighting the 90mme guidelines of the CDC. But what they don’t realize is that the government will attack targeted physicians for as little as #60 Lortab. What they need to do is get behind the doctors and fight for the DOJ following the rule of law and not create crime where there is no crime.
For the posts on the other clinicians in this group, go to:
Addendum:
Dr. Backos pleaded guilty in March, 2023, agreeing to forfeiture of $500,000 and sentencing cap of 57 months in prison. No evidence of his sentencing has occurred. The four doctors in his group that did not take a plea were acquitted in June, 2023
To end these attacks, restore pain management, and provide compensation to all the families that have been destroyed by government overreach, we must get the Controlled Substance Act repealed. Join Doctorsofcourage to get that done. Learn what we teach and spread the word. NO DRUG CAUSES ADDICTION!! Let’s end the War on Drugs, Doctors and Pain Patients, end the black market, solve the southern border crisis, and restore proper pain management. It CAN be done!
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 the doctor 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 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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I’m done trying to convince people that being on opioids means you’re an addict. I take meds responsibly and as directed. I’ve had chronic pain issues for half of my life. I have a life changing brain surgery that required me to be on steroids permanently and within a few years I was having back surgery after back surgery and my hip was replaced because it dissipated, I didn’t even fall and break it, my bones are that frail. Dr. Backos gave me a life. He never pushed unnecessary injections on me but I will say that when I did have them done many many years ago, I felt like the person administering was not experienced enough but this would fall on the Dr. Bothra side of things. Dr. Backos would not even consider upping my dose after my surgery. He was ALWAYS considered about the outcome. To say he didn’t care and just arbitrarily dosed our Meds to anyone that came in is simply not true. I do believe that at least one of the doctors was contributing to the problem but I just don’t believed it was Backos. There were red flags that went ignored but it wasn’t this cinematic drama that the news would have you believe (I read somewhere that there was an armed guard….I never saw anyone like that).I was patient for many years and he always sought to reduce my dosage. After they closed, no other place would give me the time of day because of where I was coming from. My medical records speak for me but I was unable to get mine and I couldn’t get one pain management doctors to see me simply because I was a patient of TPC.. Multiple doctors have told me my bones are aging twice as fast as I am. That’s a burden I carry and to have to do it without a doctor, is just cruel. Thankfully, my primary care doc put me under his care but until you have to live in 24/7 pain and have to carry on everyday, you should withhold judgement on those who have to suffer through it. I live in fear all that the rug could be pulled out from under me and the idea of living in constant, cruel pain is real fear. I take my meds responsibly and I don’t abuse them but without them, I’d become physically non functional and end up with a host of other health issues. its not as black n white as everyone wants to think.
Please understand that, no matter what was being done by other doctors, as long as it was being done with patients, no one is guilty of criminal conduct per the Controlled Substance Act. If doctors did something inappropriate, that would be a medical board issue, not a criminal one. These attacks on any doctor by the Federal Government, confiscating their assets and putting them in prison, is illegal. People need to learn that and stop convicting in court.
I have been a patient of Dr. Backos for roughly 8 years. To say he changed my life is an understatement! Let me start by saying I am a chronic pain patient and have been for years. When I was diagnosed with an extremely rare tumor called Desmoid. I was a guinea pig for MANY YEARS being cut open and having major organs removed..my left leg above knee amputated..and many many more unnecessary procedures until I was finally sent to a place that specialized in these tumors and quickly found out they are NON surgical after 5 MAJOR surgeries! After my very first visit I was sent home on HEAVY pain meds. After a few years I decided to take myself off of them and see what my life would be like. After almost 1 year It was still unbearable. It was then that I seeked out Dr. Eric Backos. Not only did he spend almost an hour with me on my first visit…every visit afterwards was just as welcoming! We worked together as a team to figure out what medicine would be best for me with the least amount of side effects. Unfortunately about 5 years ago I started to get bowel obstructions from the mesh, lesions, and scar tissue that is wrapped throughout my large intestines. As most know any opiod can also bind you up pretty bad also causing obstructions. He did not hesitate when I asked if we could try different medicines because after having 2 major surgeries and almost 2 feet of my large intestine removed I was told the next major surgery could result with me having a colonoscopy bag! I was 38 at the time and having an above knee amputation already I just cannot fathom having anything else! For the next 4-6 months we tried different medicines until we finally found one that was working well. To say Dr. Eric Backos saved me from living a life filled with pain is an understatement! I NEVER received a needle in my spine or was asked/offered one! I did receive the BEST care I have still ever received up until today! What he offered me was my life back! My Daughter her mother back. But most importantly I was able to truly smile again. I am only 1 patient. There are many others who will have a very similar amazing story!
Keep in mind he is also a licensed addiction specialist. He treated MANY patients who were recovering addicts as well! To go after these pain clinics is absolutely absurd! Initially the “bill” was directed to primary care doctors, they (government) wanted these doctors to stop writing scripts for narcotics and send their patients to pain specialists. Now they are going after the same places they pushed these doctors to send their patients too. Even though I firmly believe without being under Dr. Eric Backos care my life would be absolutely miserable nobody cares about US! We, chronic pain patients, have resorted to suicide! And that is NOT due to withdrawls BUT the crippling pain we have to endure on a daily basis!
As a patient receiving opiods I had to undergo pee tests at random, EKG tests to make sure my heart was functioning properly, EMG tests for my nerves, MRI of my back and other tests Dr. Eric Backos felt necessary to make sure everything was going good! Does that sound like a doctor just trying to get “paid”?
If we are going to go after these special pain clinics for the purpose of overbilling why are they not going after EVERY hospital? Every other medical facility that is open in the U.S.? As a previous worker for medical billing I know how it works. EVERY place I was employed at ALWAYS overbilled knowing there is a cap per procedure. Why do they do that? So they get paid the maximum allowed per procedure! This is how it has been for YEARS!
Let me end my statement on this note. IF Dr. Eric Backos (I cannot speak for any other doctor in the clinics because I only saw him) was over medicating his patients then why is it that not only did I have zero issues continuing the same medicine AND amount I was/am prescribed BUT they also wanted to add more when I was FORCED to go elsewhere?
Thank you for your first-hand story. It is important for these doctors to not go the usual route of pleading guilty. Please try to get the word to them, maybe through the doctor you have now. I’m glad you were able to be seen by another doctor so quickly. But, of course, you know that doctor is a potential target as well, unless we stop this in the court. Teaching the truth–that opioids don’t cause addiction–is the first step, to fight the propaganda that the government has filled people’s minds with. Please share doctorsofcourage.org with everyone you know.
Your story is very similar to my life. Although I have not lost limbs (as of now) , I have had 3 surgeries on my cervical spine, all of which could NOT undo the damage to my spinal cord in 4 levels of my neck. I also have a ruptured disc and a bulging disc in my lower back that I may have no choice but to have surgery. Dr. Backos never pushed the needle. I came to him after 2 separate pain management doctor’s performed extensive injections which provided zero relief. Both Dr.’s said my only other option was medication and one prescribed Morphine, the other prescribed Ocycodone but both preferred that I go to Dr.Backos because they didn’t really handle medications. Dr. Backos was always talking to me about pro’s and con’s of Opiodes. He followed all protocols with tests or images and I never once felt like I was being asked to do anything that wasn’t necessary or appropriate. The pain medication and muscle relaxers he prescribed gave me some relief from the full body pain and spasms I constantly feel. I was on the same levels of meds for several years. He actually was bringing me down on both the pain medication and muscle relaxers. He is a pain management doctor who you want in practice. Chronic pain is real despite the Government’s claims. Now I’m forced to face a life of pain that I’m not sure I can handle. If I had my medical records from Dr. Backos I could show how professional he was in my treatment. The FBI confiscated my records as evidence and I can’t get them back. I’m sure though that my records won’t be used against him because they show the opposite of their charges. Why do I have to change my doctor’s to the FBI and DEA. Why do I have no opportunity to present my records for peer review? To me, my Government is violating the Constitution for imposing cruel and unusual punishment in their zeal to stay busy. How about using all the resources they used to go after Dr. Backos and apply that to stopping Fentanyl, which is the real cause of so many deaths. The DEA always go after the easy low hanging fruit. Thank God my state has medical marijuana or I would be at the end of my rope by now.
Before Dr Backos was forced out I had been his patient from April of 1995, On the onsite of then i had gone through P.t. emg mri bone scan ect. I had knee scope at the end of 95 and a laminectomy in early 96 on my L-3-4 i had cervical problems hip and shoulder problems too, he always spent time w/me and explained everything, even after 20 years he always help me, and after i was under care & had 10 surgerys from 2005 to 2013 i went back to him takeing more pain meds then before and the 1st thing he did was take me off 1/2 and began cutting me back and off the others, he never once forced more meds or injections he knew that injections wouldn’t help and thats a fact still today, I truely wish i could find a Dr as careing as him today, but they all look at where i was before and only want to treat me w/injections or abrasions burn the nerve endings. What can someone in my case do?
I would suggest that, for future possible problems like this, that you learn what I teach–methods of healing what is wrong instead of cutting. Probably what you had wrong could have been healed with a procedure called prolotherapy. It might still help you. Check it out. And you might consider getting in on my next ecourse on natural healing medicine.
How do you reconcile contrary opinions such as this from the World Renowned Cleveland Clinic.
Prolotherapy
Prolotherapy is an injection treatment. Proponents claim it relieves pain by jumpstarting your body’s natural healing abilities. It’s not FDA approved, and most studies have found no scientifically-provable benefits.
For something like prolo, you can’t base acceptance on FDA approval. Nowadays, the FDA is a money-hungry organization. If the drug company pays them, they will approve anything. No money–no worky. So, since prolo is done with solutions that are not branded–just dextrose solution, there are no pharmaceutical industries that will put up the millions of dollars to get it approved. Instead, we had to depend on private doctors doing the procedure to run studies on its effectiveness. But, as with most all natural, healing techniques, the standard medical literature won’t publish those studies. In other words, there is a discrimination against healing medicine by conventional publications.
So private organizations have studied prolo and proven its effectiveness. There is a journal that publishes studies–https://journalofprolotherapy.com/. In my video on prolotherapy which you can purchase in the store, I have 2 studies on hip pain showing 70-90% improvement. Most everyone who has prolo done has positive results, to the point of complete healing. I’ve had complete healing of tennis elbow, neuromas, trochanteral bursitis, and my husband’s sacroilitis, TMJ, shoulder pain and knee pain. With my patients I’ve helped heal basically every musculoskeletal condition you can name.
So I hope this helps you understand. If you want to know more about the procedure, I suggest you get my video.
Sharing !
Dr Backos was bringing my dosage down. They did this less than three weeks before Christmas for their own personal amusement. I’ll be in full withdrawal by Christmas day. I’ve lost my medical records. I didn’t do anything to deserve this. Neither did Dr Backos. Everyone of those officers and judge are one car accident away from walking in my shoes. Unlike them, I pray they never know what Chronic pain feels like. I also believe in Karma.
Try to get the office to understand that they need to stand up together and fight this. Tell them about the lawyers we have listed on the site that know what they are doing. Most other lawyers just try to get their clients to cop a plea and don’t know how to defend against this. Thanks. Also, have everyone that you know learn the truth here–that these attacks are illegal. We have to fight the propaganda with the truth. I am happy to be brought to the area for some seminars if there are any interested people that would bring me there.
How can These articles for the 3 doctors reach the government a specially Brandy R. McMillion, Matthew Schneider, Judge Stephen J. Murphy and Timothy Slater. Please Don’t send these innocents doctors to jail. I believe in karma but it will take time before karma catches up with the devil. We need to stop them. Go and see what the real drug addicts have left as review within 2 weeks on the pain center website. I was happy to read that doctors at pain center USA do procedures and reduce your medication to get you out of your addict! How does that sound? TO THEM THEY DO PROCEDURES FOR FRAUD BECAUSE THEY DONT GET WHAT THEY WANT. Band of Unhappy drug addicts who the prosecutor uses as witness and evidence. GOD IS IN CONTROL AS THE DEVIL IS A LIAR.
You need to learn the difference between addiction and dependency. Not everyone on a prescribed opiode is an “addict” as you seem to think. Do you work for the Government?
“Band of unhappy drug addicts”. Are you serious? Getting off the opiodes does NOT “sound good to me”. Stopping opiate pain meds means a life of unyielding pain and the inability to function and have some small resemblance of a life for me. You are obviously not suffering from chronic pain.