News (Media Awareness Project) - US WV: Judge Gives Bland Doctor 70 Months |
Title: | US WV: Judge Gives Bland Doctor 70 Months |
Published On: | 2002-02-01 |
Source: | Bluefield Daily Telegraph (WV) |
Fetched On: | 2008-01-24 22:11:47 |
JUDGE GIVES BLAND DOCTOR 70 MONTHS
ABINGDON, Va. - A federal sentence of 70 months in prison for a former
Bland County physician found guilty of 266 counts of illegally
prescribing narcotics "disappointed" the U.S. Attorney for the Western
District of Virginia. Thursday, Dr. Freeman Lowell Clark, 44, faced
imprisonment of between 97 to 121 months after being found guilty July
17, 2001, of 266 federal counts. Clark's charges involved illegally
prescribing Schedule II and Schedule III prescription drugs without a
legitimate medical purpose and beyond the bounds of medical practice.
When making his decision, U.S. District Judge James P. Jones, found
Clark suffered from a significantly reduced mental capacity. Jones
chose to make a departure from the standard sentencing guidelines of
between 97 to 121 months in prison and sentence Clark to 70 months.
Also, Jones ordered that Clark not practice medicine during a court
ordered three months of supervised release after he serves his prison
sentence. Jones declined to impose a fine on Clark due to Clark's
impoverished financial state, but Jones did order Clark to pay a
$26,600 special assessment to the court.
In a press release, U.S. Attorney John. L. Brownlee said he was
disappointed with the court's reduced sentence for Clark, as well as a
previous reduced sentence for another doctor found guilty on federal
charges of illegally dispensing medication.
Brownlee said, "Judge Jones previously found, on Nov. 29, 2001, that
Dr. Frank Sutherland, of Grundy, Va., also suffered from a
significantly reduced mental capacity and departed downward from a
guidelines range of 210-262 months to a sentence of imprisonment for a
term of 70 months.
"Like Clark, Sutherland was convicted of hundreds of counts of
illegally prescribing narcotics, including OxyContin and Tylox."
Clark's attorney Bob Rider said he plans to file an appeal in the
case. Prior to sentencing Rider said the defense documented that Clark
suffered from a type of bipolar disorder and several instances of head
injuries including an auto accident and a kick boxing incident.
Assistant U.S. Attorney Randy Ramseyer argued that due to Clark's
position of trust in the community, he did more damage than a drug
dealer.
The drugs Clark prescribed, according to Ramseyer, included
hydrocodone (Lortab, Lorcet), butalbital (Fiornal) and oxycodone
(OxyContin, Tylox, Percocet).
"The case is an ongoing investigation into abuse of prescribed
medication and health care fraud in Southwest Virginia. To date, the
investigation has resulted in convictions of five physicians - Dr.
Vasu Arora, Grundy, Va.; Dr. Dinkar Patel, Grundy; Dr. Denny Lambert,
Dante, Va.; Dr. Frank Sutherland, Grundy; and Clark," Brownlee said.
"In addition, several witnesses have been convicted of perjury related
to the investigation. The investigation is being conducted by agents
of the Virginia State Police, Federal Bureau of Investigation,
Inspector General, Virginia Department of Health Professionals and
Virginia Office of the Attorney General - Medicaid Fraud Control Unit,
Gregg Wood, Health Care Fraud Investigator for the U.S. Attorney's
Office is assisting in the investigation."
Ramseyer, Assistant U.S. Attorneys Rick Mountcastle, Ruth Plagenhoef
and Sharon Burnham are prosecuting the cases resulting from the
ongoing investigations, according to the U.S. Attorney's office.
ABINGDON, Va. - A federal sentence of 70 months in prison for a former
Bland County physician found guilty of 266 counts of illegally
prescribing narcotics "disappointed" the U.S. Attorney for the Western
District of Virginia. Thursday, Dr. Freeman Lowell Clark, 44, faced
imprisonment of between 97 to 121 months after being found guilty July
17, 2001, of 266 federal counts. Clark's charges involved illegally
prescribing Schedule II and Schedule III prescription drugs without a
legitimate medical purpose and beyond the bounds of medical practice.
When making his decision, U.S. District Judge James P. Jones, found
Clark suffered from a significantly reduced mental capacity. Jones
chose to make a departure from the standard sentencing guidelines of
between 97 to 121 months in prison and sentence Clark to 70 months.
Also, Jones ordered that Clark not practice medicine during a court
ordered three months of supervised release after he serves his prison
sentence. Jones declined to impose a fine on Clark due to Clark's
impoverished financial state, but Jones did order Clark to pay a
$26,600 special assessment to the court.
In a press release, U.S. Attorney John. L. Brownlee said he was
disappointed with the court's reduced sentence for Clark, as well as a
previous reduced sentence for another doctor found guilty on federal
charges of illegally dispensing medication.
Brownlee said, "Judge Jones previously found, on Nov. 29, 2001, that
Dr. Frank Sutherland, of Grundy, Va., also suffered from a
significantly reduced mental capacity and departed downward from a
guidelines range of 210-262 months to a sentence of imprisonment for a
term of 70 months.
"Like Clark, Sutherland was convicted of hundreds of counts of
illegally prescribing narcotics, including OxyContin and Tylox."
Clark's attorney Bob Rider said he plans to file an appeal in the
case. Prior to sentencing Rider said the defense documented that Clark
suffered from a type of bipolar disorder and several instances of head
injuries including an auto accident and a kick boxing incident.
Assistant U.S. Attorney Randy Ramseyer argued that due to Clark's
position of trust in the community, he did more damage than a drug
dealer.
The drugs Clark prescribed, according to Ramseyer, included
hydrocodone (Lortab, Lorcet), butalbital (Fiornal) and oxycodone
(OxyContin, Tylox, Percocet).
"The case is an ongoing investigation into abuse of prescribed
medication and health care fraud in Southwest Virginia. To date, the
investigation has resulted in convictions of five physicians - Dr.
Vasu Arora, Grundy, Va.; Dr. Dinkar Patel, Grundy; Dr. Denny Lambert,
Dante, Va.; Dr. Frank Sutherland, Grundy; and Clark," Brownlee said.
"In addition, several witnesses have been convicted of perjury related
to the investigation. The investigation is being conducted by agents
of the Virginia State Police, Federal Bureau of Investigation,
Inspector General, Virginia Department of Health Professionals and
Virginia Office of the Attorney General - Medicaid Fraud Control Unit,
Gregg Wood, Health Care Fraud Investigator for the U.S. Attorney's
Office is assisting in the investigation."
Ramseyer, Assistant U.S. Attorneys Rick Mountcastle, Ruth Plagenhoef
and Sharon Burnham are prosecuting the cases resulting from the
ongoing investigations, according to the U.S. Attorney's office.
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