In their Bulletin, now Journal @DOJgov lays out how they go after physicians. The disturbing part is in an article by Benjamin Barron. Admittance of evidence from administrative proceedings into criminal proceedings which is a total violation of Due Process as 1/
there is NO probable cause in administrative warrants the bar is MUCH lower. All of that evidence should be excluded. This is truly abhorrent. They use a standard that is totally nebulous even he admits: "There is little (if any) meaningful distinction between acting with a 2/
'legitimate medical purpose' and acting within 'the usual course of practice,' and multiple cases have
upheld indictments or jury instructions that include one term but not the other." So now @DOJgov is deciding on standard medical care. That is practicing without a license. 3/
He then goes on to opine that a physician acting in good faith is not a defense and how they have successfully defeated that argument! The tactic is then "my suggestion is to treat diversion like a crime of fraud. Like a
securities broker engaged in fraud" 4/
So doctors are just fraudsters??? WHAAAT??? And the data mining what we all knew "PDMP data can reveal the extent to which red flags pervade the practice under investigation,
often with the help of expert review." THIS IS A FOURTH AMENDMENT VIOLATION @ACLU 5/
Then they go after billing data - fraud under medicare/medicaid another area to data mine - equating to bank records (which they go after too if you happen to deposit cash that is apparently a red flag) 6/
Most disturbing is "multiple courts have affirmed the
admission of prior administrative disciplinary records against professionals" Boards of Medicine (and Administrative Law in general) has its own issues. BUT the standards are totally separate and 7/
this is an outrageous Due Process violation. It is time to get funding together to appeal one of the cases of a physician languishing in prison to @SCOTUS before there are no more doctors left to attack. @ACLU @MichaelNey19
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