Petition updateSTOP Criminalizing "Patient Centered Care" & End Systemic Health DiscriminationIs the New DOJ Task Force's Purpose to Coerce Medical Professionals To Not RX Controlled Substances?
Samantha AdcockSHILOH, NC, United States
Jul 3, 2022

The "Justice Department’s Criminal Division Creates New England Prescription Opioid Strike Force to Focus on Illegal Opioid Prescriptions" was the headline of a June 29, 2022 press release. 

"The mission of the NEPO Strike Force is to identify and investigate health care fraud schemes in the New England region, and to effectively and efficiently prosecute individuals involved in the illegal distribution of prescription opioids and other prescribed controlled substances. The NEPO Strike Force will primarily target criminal conduct by physicians, pharmacists, and other medical professionals, focusing upon both health care fraud and drug diversion offenses, as relevant based upon the facts of the particular case."

Notably, this was just two days following a landmark 9-0 decision by the Supreme Court in favor of XIULU RUAN v. UNITED STATES

Justice Breyer delivered the opinion of the Court.

"Once a defendant meets the burden of producing evidence that his or her conduct was “authorized,” the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner."
Pp. 4–16.

The press conference was rife with misleading information.

Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division. stated "The NEPO Strike Force will help to address one of the root causes of the epidemic: unlawful prescription and diversion of opioids." 

According to the DEA’s National Drug Threat Assessment less than 1% of legally prescribed opioids are diverted. In 2021, 71,238 overdose were due to Synthetic Opioids (Illicitly manufactured fentanyl (IMF)).

U.S. Attorney Darcie N. McElwee for the District of Maine stated “While the trafficking of illegal drugs, in particular fentanyl, is well publicized, 23% of overdose deaths in Maine are the result of pharmaceutical opioids.".

Per the Maine Drug Death Report 2020: "Pharmaceutical opioids...This category includes a minority of cases where there was a current prescription (19%) as well as those without a prescription (81%). Of those 118 pharmaceutical opioid cases, the overwhelming majority (82%) also included fentanyl as a co-intoxicant cause of death."

  • Of the 118 deaths due to pharmaceutical opioids, almost half (50, 42%) also had a non-pharmaceutical opioid listed as a cause.
  • Of the 23 that died due to a drug for which
    they had a current prescription, 9 (39%) also had a non-pharmaceutical listed as a cause of their death.
  • The most common pharmaceutical opioids listed as a cause of death are buprenorphine (39, 33% of the pharmaceutical opioid deaths), methadone (27, 23%)

A 2022 study "The DEA would come in and destroy you”  found: "Providers felt that taking on patients who legitimately required opioids could jeopardize their career."

“They gave examples of physicians in their own communities who were investigated … [and] had their practices ruined due to ongoing investigations even if they were never found to have done anything wrong,” Dr. Sedney said.

Unsurprisingly, some doctors said they wouldn’t prescribe anymore once the law took effect. “They wouldn't even prescribe gabapentin,” said Dr. Sedney. In interviews, some patients desperate for pain control said they transitioned to illicit substances.  

Of course, the timing could be pure coincidence. That's something people will have to determine for themselves after reviewing the information the government provided, and what they omitted.

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