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by Admin

An excerpt from They Thought They Were Free

June 20, 2009 in News, Press Releases by Admin

The Germans, 1933-45
By: Milton Mayer


“But Then It Was Too Late”


“What no one seemed to notice,” said a colleague of mine, a philologist, “was the ever widening gap, after 1933, between the government and the people. Just think how very wide this gap was to begin with, here in Germany. And it became always wider. You know, it doesn’t make people close to their government to be told that this is a people’s government, a true democracy, or to be enrolled in civilian defense, or even to vote. All this has little, really nothing, to do with knowing one is governing.


“What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could not understand it, it could not be released because of national security. And their sense of identification with Hitler, their trust in him, made it easier to widen this gap and reassured those who would otherwise have worried about it.


“This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter.


“You will understand me when I say that my Middle High German was my life. It was all I cared about. I was a scholar, a specialist. Then, suddenly, I was plunged into all the new activity, as the university was drawn into the new situation; meetings, conferences, interviews, ceremonies, and, above all, papers to be filled out, reports, bibliographies, lists, questionnaires. And on top of that were the demands in the community, the things in which one had to, was ‘expected to’ participate that had not been there or had not been important before. It was all rigmarole, of course, but it consumed all one’s energies, coming on top of the work one really wanted to do. You can see how easy it was, then, not to think about fundamental things. One had no time.”


“Those,” I said, “are the words of my friend the baker. ‘One had no time to think. There was so much going on.’”


“Your friend the baker was right,” said my colleague. “The dictatorship, and the whole process of its coming into being, was above all diverting. It provided an excuse not to think for people who did not want to think anyway. I do not speak of your ‘little men,’ your baker and so on; I speak of my colleagues and myself, learned men, mind you. Most of us did not want to think about fundamental things and never had. There was no need to. Nazism gave us some dreadful, fundamental things to think about—we were decent people—and kept us so busy with continuous changes and ‘crises’ and so fascinated, yes, fascinated, by the machinations of the ‘national enemies,’ without and within, that we had no time to think about these dreadful things that were growing, little by little, all around us. Unconsciously, I suppose, we were grateful. Who wants to think?


“To live in this process is absolutely not to be able to notice it—please try to believe me—unless one has a much greater degree of political awareness, acuity, than most of us had ever had occasion to develop. Each step was so small, so inconsequential, so well explained or, on occasion, ‘regretted,’ that, unless one were detached from the whole process from the beginning, unless one understood what the whole thing was in principle, what all these ‘little measures’ that no ‘patriotic German’ could resent must some day lead to, one no more saw it developing from day to day than a farmer in his field sees the corn growing. One day it is over his head.


“How is this to be avoided, among ordinary men, even highly educated ordinary men? Frankly, I do not know. I do not see, even now. Many, many times since it all happened I have pondered that pair of great maxims, Principiis obsta and Finem respice—‘Resist the beginnings’ and ‘Consider the end.’ But one must foresee the end in order to resist, or even see, the beginnings. One must foresee the end clearly and certainly and how is this to be done, by ordinary men or even by extraordinary men? Things might have. And everyone counts on that might.


“Your ‘little men,’ your Nazi friends, were not against National Socialism in principle. Men like me, who were, are the greater offenders, not because we knew better (that would be too much to say) but because we sensed better. Pastor Niemöller spoke for the thousands and thousands of men like me when he spoke (too modestly of himself) and said that, when the Nazis attacked the Communists, he was a little uneasy, but, after all, he was not a Communist, and so he did nothing; and then they attacked the Socialists, and he was a little uneasier, but, still, he was not a Socialist, and he did nothing; and then the schools, the press, the Jews, and so on, and he was always uneasier, but still he did nothing. And then they attacked the Church, and he was a Churchman, and he did something—but then it was too late.”


“Yes,” I said.


“You see,” my colleague went on, “one doesn’t see exactly where or how to move. Believe me, this is true. Each act, each occasion, is worse than the last, but only a little worse. You wait for the next and the next. You wait for one great shocking occasion, thinking that others, when such a shock comes, will join with you in resisting somehow. You don’t want to act, or even talk, alone; you don’t want to ‘go out of your way to make trouble.’ Why not?—Well, you are not in the habit of doing it. And it is not just fear, fear of standing alone, that restrains you; it is also genuine uncertainty.


“Uncertainty is a very important factor, and, instead of decreasing as time goes on, it grows. Outside, in the streets, in the general community, ‘everyone’ is happy. One hears no protest, and certainly sees none. You know, in France or Italy there would be slogans against the government painted on walls and fences; in Germany, outside the great cities, perhaps, there is not even this. In the university community, in your own community, you speak privately to your colleagues, some of whom certainly feel as you do; but what do they say? They say, ‘It’s not so bad’ or ‘You’re seeing things’ or ‘You’re an alarmist.’


“And you are an alarmist. You are saying that this must lead to this, and you can’t prove it. These are the beginnings, yes; but how do you know for sure when you don’t know the end, and how do you know, or even surmise, the end? On the one hand, your enemies, the law, the regime, the Party, intimidate you. On the other, your colleagues pooh-pooh you as pessimistic or even neurotic. You are left with your close friends, who are, naturally, people who have always thought as you have.


“But your friends are fewer now. Some have drifted off somewhere or submerged themselves in their work. You no longer see as many as you did at meetings or gatherings. Informal groups become smaller; attendance drops off in little organizations, and the organizations themselves wither. Now, in small gatherings of your oldest friends, you feel that you are talking to yourselves, that you are isolated from the reality of things. This weakens your confidence still further and serves as a further deterrent to—to what? It is clearer all the time that, if you are going to do anything, you must make an occasion to do it, and then you are obviously a troublemaker. So you wait, and you wait.


“But the one great shocking occasion, when tens or hundreds or thousands will join with you, never comes. That’s the difficulty. If the last and worst act of the whole regime had come immediately after the first and smallest, thousands, yes, millions would have been sufficiently shocked—if, let us say, the gassing of the Jews in ’43 had come immediately after the ‘German Firm’ stickers on the windows of non-Jewish shops in ’33. But of course this isn’t the way it happens. In between come all the hundreds of little steps, some of them imperceptible, each of them preparing you not to be shocked by the next. Step C is not so much worse than Step B, and, if you did not make a stand at Step B, why should you at Step C? And so on to Step D.


“And one day, too late, your principles, if you were ever sensible of them, all rush in upon you. The burden of self-deception has grown too heavy, and some minor incident, in my case my little boy, hardly more than a baby, saying ‘Jewish swine,’ collapses it all at once, and you see that everything, everything, has changed and changed completely under your nose. The world you live in—your nation, your people—is not the world you were born in at all. The forms are all there, all untouched, all reassuring, the houses, the shops, the jobs, the mealtimes, the visits, the concerts, the cinema, the holidays. But the spirit, which you never noticed because you made the lifelong mistake of identifying it with the forms, is changed. Now you live in a world of hate and fear, and the people who hate and fear do not even know it themselves; when everyone is transformed, no one is transformed. Now you live in a system which rules without responsibility even to God. The system itself could not have intended this in the beginning, but in order to sustain itself it was compelled to go all the way.


“You have gone almost all the way yourself. Life is a continuing process, a flow, not a succession of acts and events at all. It has flowed to a new level, carrying you with it, without any effort on your part. On this new level you live, you have been living more comfortably every day, with new morals, new principles. You have accepted things you would not have accepted five years ago, a year ago, things that your father, even in Germany, could not have imagined.


“Suddenly it all comes down, all at once. You see what you are, what you have done, or, more accurately, what you haven’t done (for that was all that was required of most of us: that we do nothing). You remember those early meetings of your department in the university when, if one had stood, others would have stood, perhaps, but no one stood. A small matter, a matter of hiring this man or that, and you hired this one rather than that. You remember everything now, and your heart breaks. Too late. You are compromised beyond repair.


“What then? You must then shoot yourself. A few did. Or ‘adjust’ your principles. Many tried, and some, I suppose, succeeded; not I, however. Or learn to live the rest of your life with your shame. This last is the nearest there is, under the circumstances, to heroism: shame. Many Germans became this poor kind of hero, many more, I think, than the world knows or cares to know.”


I said nothing. I thought of nothing to say.


“I can tell you,” my colleague went on, “of a man in Leipzig, a judge. He was not a Nazi, except nominally, but he certainly wasn’t an anti-Nazi. He was just—a judge. In ’42 or ’43, early ’43, I think it was, a Jew was tried before him in a case involving, but only incidentally, relations with an ‘Aryan’ woman. This was ‘race injury,’ something the Party was especially anxious to punish. In the case at bar, however, the judge had the power to convict the man of a ‘nonracial’ offense and send him to an ordinary prison for a very long term, thus saving him from Party ‘processing’ which would have meant concentration camp or, more probably, deportation and death. But the man was innocent of the ‘nonracial’ charge, in the judge’s opinion, and so, as an honorable judge, he acquitted him. Of course, the Party seized the Jew as soon as he left the courtroom.”


“And the judge?”


“Yes, the judge. He could not get the case off his conscience—a case, mind you, in which he had acquitted an innocent man. He thought that he should have convicted him and saved him from the Party, but how could he have convicted an innocent man? The thing preyed on him more and more, and he had to talk about it, first to his family, then to his friends, and then to acquaintances. (That’s how I heard about it.) After the ’44 Putsch they arrested him. After that, I don’t know.”


I said nothing.


“Once the war began,” my colleague continued, “resistance, protest, criticism, complaint, all carried with them a multiplied likelihood of the greatest punishment. Mere lack of enthusiasm, or failure to show it in public, was ‘defeatism.’ You assumed that there were lists of those who would be ‘dealt with’ later, after the victory. Goebbels was very clever here, too. He continually promised a ‘victory orgy’ to ‘take care of’ those who thought that their ‘treasonable attitude’ had escaped notice. And he meant it; that was not just propaganda. And that was enough to put an end to all uncertainty.


“Once the war began, the government could do anything ‘necessary’ to win it; so it was with the ‘final solution of the Jewish problem,’ which the Nazis always talked about but never dared undertake, not even the Nazis, until war and its ‘necessities’ gave them the knowledge that they could get away with it. The people abroad who thought that war against Hitler would help the Jews were wrong. And the people in Germany who, once the war had begun, still thought of complaining, protesting, resisting, were betting on Germany’s losing the war. It was a long bet. Not many made it.”


(Copyright notice: Excerpt from pages 166-73 of They Thought They Were Free: The Germans, 1933-45 by Milton Mayer, published by the University of Chicago Press. ©1955, 1966 by the University of Chicago. All rights reserved. This text may be used and shared in accordance with the fair-use provisions of U.S. copyright law, and it may be archived and redistributed in electronic form, provided that this entire notice, including copyright information, is carried and provided that the University of Chicago Press is notified and no fee is charged for access. Archiving, redistribution, or republication of this text on other terms, in any medium, requires the consent of the University of Chicago Press. (Footnotes and other references included in the book may have been removed from this online version of the text.)


by News

Paey Faces Post-Prison Challenges

November 5, 2008 in News, Press Releases by News

Nov 2, 2008
By: Geoff Fox
Tampa Bay Tribune (Tampa Bay Online)


HUDSON – After he was released from prison and pardoned for drug trafficking last year, Richard Paey looked forward to many freedoms.


After serving more than three years of a 25-year sentence, the wheelchair-bound chronic pain sufferer could eat whenever he wanted, sleep past 4:45 a.m. and enjoy a face-to-face conversation with someone besides a convicted murderer or prison guard. [see PRN's Richard Paey archive page for journalistic and video background on the case]


But rejoining civilian life has been harder than anticipated for Paey and his family, which includes three teenagers. His son was recently diagnosed with a form of autism. One daughter is learning to drive and another daughter just started college.


A lifelong Republican, Paey, 50, also learned recently that not all of his rights were automatically restored with the pardon handed down last September by Gov. Charlie Crist and the state Board of Executive Clemency.


“When I was convicted in 2004 I was removed from the voter roll,” Paey said. “When I went to vote early it was too late to register to vote in the presidential election. The elections worker kept saying I was a convicted felon.


“As of now, I can’t vote. I’m very disappointed.”


He was removed from voter rolls before he was pardoned, according to the state Division of Elections. Under state law, it was his responsibility to re-register to vote after his release.


Brian Corley, Pasco County’s supervisor of elections, said records indicate Paey could have voted in this year’s elections had he re-registered to vote by an Oct. 6 deadline.


“I see a note here that his rights were restored, but he came in” a day late to re-register, Corley said. “He still has to submit a new application. Once he does that, we’ll get him back in the system.”


The system


Don’t get Paey started.


A law school graduate, his life was rolling along smoothly until he was involved in a serious 1985 traffic accident that resulted in a botched back surgery, leaving him in near-constant agony. He later developed multiple sclerosis.


In 1997, he was arrested by Pasco County Sheriff’s deputies after a three-month investigation of unusual prescription fulfillment. At a 2004 trial, his attorney argued that Paey obtained the painkiller Percocet legally and the pills were used solely by him.


No evidence was ever produced that he distributed the drugs, but a jury nevertheless convicted him on seven counts of drug trafficking. The volume of pills involved triggered a mandatory sentence of 25 years for drug trafficking.


In prison, his pain was treated with a morphine pump that delivered in just two days more medication than Paey was incarcerated for obtaining.


A Turbulent Transition


The transition from closely watched prisoner to free family man has been turbulent.


“It’s been a year of adjustments, different transitions, just getting back in synch with family life after prison,” he said. “I was more or less a stranger. My kids said, ‘Dad’s changed.’”


Linda Paey also noticed the changes.


“It took much longer than I thought” it would for him to adapt, she said. “When I was visiting him in prison he seemed like the same man, but he couldn’t handle the freedom, the distractions with the kids and everything. Everything was not on a schedule.”


Not that the pardon wasn’t an unexpected blessing.


He was able to attend daughter Catherine’s graduation from Hudson High School; now 18, she is a freshman at The University of South Florida. And he could see his beloved mother, Helen, outside of a prison.


There were pressures, though, some typical, some not.


When her father was released, Elizabeth Paey, now 17, was learning to drive, a nerve-wracking experience for almost any parent.


With son Benjamin, 15, issues are more complex.


Linda Paey said her son always has been socially awkward and physically clumsy. Sometimes, he was antagonized by classmates. Benjamin was recently diagnosed with Asperger’s syndrome, a form of autism, and the family doesn’t know what his future will hold.


“We’re probably going to have to set up a trust for him,” Linda Paey said.


Rejoining The Fight


Besides family issues, there have been money problems. And, the Paeys have gotten notices from their homeowners’ association because their grass is too long.


Immediately after his release, Paey lobbied on behalf of other pain sufferers through organizations like the Pain Relief Network, November Coalition and Families Against Mandatory Minimums. But juggling independence and an urge to fight for others’ rights soon became too much.


With more than a year of freedom under his belt, Paey now says he is almost ready to start working with the groups again.


In some ways, unfortunately, his own fight isn’t over.


“Linda went to the pharmacy the other day, and the pharmacy refused to fill my prescription for oxycodone,” he said. “The pharmacist said that even if he called the doctor and the doctor verified the prescription, he still wouldn’t fill it.


“I’m in a contract with the doctor to go to that pharmacy. We called the state pharmacy board and their advice was to wait until a different pharmacist was on duty.”


Paey sighed.


His hands were outstretched, palms toward the ceiling.


Reporter Geoff Fox can be reached at (813) 779-4613.



http://www2.tbo.com/content/2008/nov/02/
pa-man-faces-post-prison-challenges/


by News

AG’s office announces online drug database

June 4, 2008 in News, Press Releases by News

Jun 4, 2008
By: Shaya Tayefe Mohajer
Associated Press Writer


LOS ANGELES—Doctors and pharmacists are having trouble cutting off drug abusers because of the state's clunky process for checking a patient's previous prescriptions, says Attorney General Jerry Brown, who wants to make the information instantly available.


Brown is to announce Wednesday that his office plans to place the state's prescription-tracking database on a secure Web site that health-care providers can log onto to obtain the information instantly. The move is intended to make it tougher for patients to go from doctor to doctor and fill multiple prescriptions.


"We have a horse and buggy system today," Brown told The Associated Press on Tuesday. "The doctors or the pharmacists can't really keep track—in real time—of abusers of prescription drugs."


A timetable for implementing the change wasn't given. Brown said the $3.5 million needed for the database will have to come from private sources because the state doesn't have the money.


Moving the state's Controlled Substance Utilization Review and Evaluation System online would allow doctors and pharmacists to immediately access a database of more than 86 million drug prescriptions. All prescriptions filled for schedule II, III and IV drugs—including powerful painkillers like morphine, hydro-codone and codeine—would be instantly available.


The attorney general's office currently receives more than 60,000 requests annually for such information.


But under the current system doctors and pharmacists must submit requests to the attorney general's office by fax or telephone, and it can take a couple days to fill the request.


"So (some) people just don't do it," Brown said.


Under Brown's proposal, the Troy and Alana Pack Foundation would fund the database's implementation costs, with the state Department of Justice absorbing maintenance costs. The foundation was founded after and named for the two young children of Bob Pack, who were run down by a drugged-up motorist in 2003 as they walked to get ice cream.


According to the American Medical Association, as of February 2007 24 states had implemented systems to monitor the prescription and sale of controlled substances. Many of the programs were developed in response to the federal National All Schedules Prescription Electronic Reporting Act, which provides states federal funding for the establishment of state prescription monitoring systems.


When it is online, California's new database will be the largest of its kind in the United States, Brown's office said.


Dr. Bob Wailes, a pain medication specialist, says the proposed database is welcomed by California physicians.


"To have real-time data regarding patient medication usage would be extremely helpful and increase patient safety," said Wailes, who practices in San Diego County and is a member of the board of the California Medical Association.


Under the current system, Wailes said, doctors must look for such red flags as people who request specific drugs by name and offer to pay in cash for such popular pain medications as OxyContin and Vicodin to keep those drugs off the black market. They also sometimes use drug tests to make sure patients aren't abusing prescription drugs.


"If people are smart there are ways they use to trick doctors into overprescribing," said Wailes. "Having this electronic database, though, will severely limit their ability to do that."


According to research from the University of Michigan's Dr. Jennifer Meddings, a functional statewide database is a crucial tool for doctors to prescribe pain medications properly.


"It is sort of a leap of faith to write that first prescription," Meddings said. "But the registry can assure a physician that, yes, the patient has been getting this prescription previously from a physician."


Jerry Flanagan of the Foundation for Taxpayer and Consumer Rights, a consumer advocacy group based in Santa Monica, warned that in establishing such a database efforts would need to be made to ensure patient information isn't released to identity thieves or unwanted marketers.


"Nationally, the push to put records online has evolved faster than the concern to make them private," said Flanagan.


 
 
 

by News

Kansas doctor accused of running `pill mill’ out on bond

April 27, 2008 in News, Press Releases by News

Apr 25, 2008
By: Roxana Hegeman
The Associated Press
Please enable Javascript and Flash to view this Blip.tv video.
HAYSVILLE, Kan. (AP) — Upon arriving home Friday from jail, Dr. Stephen Schneider petted the barking dogs who greeted him in his yard. He hugged his two teenage daughters. And he vowed to prove his innocence.


“This is great – breathing free air,” he told his family.


Schneider said that while he wanted to respond to the federal indictment accusing him of running a “pill mill” linked to the accidental overdose deaths of 56 patients, he couldn’t talk specifically about it while his case was pending.


“I know what we have done, and we are innocent,” he said.


However, Schneider did criticize the Kansas Board of Healing Arts for its slow review of complaints brought against him. He said he believed a physician review board with a more speedy administrative process would have cleared him of wrongdoing long ago.


“There has to be some changes where things don’t get out of hand like they did with me,” Schneider said. “I think there should be doctor reviews. If there is some complaint about a doctor there should be a doctor review board of some sort that comes out and gets on top of it or something. If the worse thing is I am everything that they say I am, I don’t think it should ever have got that far.”


The two top officials at the Board of Healing Arts have resigned amid scrutiny of the agency’s handling of the Schneider case. Also, the Legislature is consider a measure that would allow the board to take action quicker once questions are raised about a physician, making sanctions possible after a single complaint. The board has said state law requires it to document a pattern before sanctioning a doctor for substandard care.


Mark Stafford, the attorney for the Board of Healing Arts, did not immediately return a message left at his office for comment. Stafford was one of the two officials who resigned in the wake of legislative criticism about the agency.


Schneider and his wife, nurse Linda Schneider, were arrested Dec. 19 on a 34-count federal indictment alleging conspiracy, unlawful distribution of a controlled substance resulting in death, health care fraud, illegal money transactions and money laundering.


The U.S. attorney’s office declined to comment Friday on the case.


Stephen Schneider had been held in federal custody until Friday, when he was released on a $325,000 unsecured bond pending his February 2009 trial. His wife is still being held, and a decision about her release will be made after a psychological evaluate at a federal facility in Texas.


“This is a great day,” Schneider said. “It is tainted because we are separated.”


The federal indictment alleges the Schneiders directly caused four deaths and contributed to the deaths of 11 other patients. In all, it links the clinic to 56 deaths.


Federal agents raided the couple’s Haysville clinic in September 2005 and March 2006.


“We just assumed it would all go away, but it didn’t,” he said.


The doctor said it was “terrible to hear all those things” in the charges against him and his wife, but that the couple will show the claims aren’t true.


It will be easier to help with his defense now that he is out of jail, he said.


“I just hope the judge lets my mom out,” said Gina Schneider, 15.


Tears welling in his eyes, Schneider hugged his two teenage daughters at home and said his time in prison made him more appreciative of his family.


“I am trying to grasp it all,” he said. “It is going to be a different life for a while because of the restrictions.”


The doctor must notify the court of any action to reinstate his medical license, and he cannot apply for another Drug Enforcement Administration registration number that would allow him to prescribe controlled substances.


Other release conditions include electronic monitoring. Schneider is restricted to home detention except for employment, religious services, attorney visits and other specified activities.


The doctor said he was looking forward to talking to his wife by phone later Friday, and couldn’t wait to hug and kiss her. The Schneiders were not allowed to write each other while imprisoned.


“We are a team. We think alike,” Schneider said. “We need each other’s support to get through this.”


For now, with his clinic closed, he planned to look for a job.


“I am just going to take it day by day,” he said.


by Admin

Schneider DOJ Press Release

December 20, 2007 in News, Press Releases by Admin

FOR IMMEDIATE RELEASE
News releases are available at http://www.usdoj.gov/usao/ks/press/Dec07/Dec20a.html


Contact: Jim Cross
PHONE: 316-269-6481
FAX:      316-269-6420


Dec. 20, 2007


HAYSVILLE, KAN., DOCTOR CHARGED IN DEADLY PRESCRIPTION DRUG OVERDOSES


Federal indictment says physician Stephen Schneider continued unlawfully prescribing pain medications as 56 patients died from accidental overdoses


WICHITA, KAN. – A Haysville, Kan., physician was charged today with illegally distributing prescription drugs to his patients, directly causing the deaths of at least four of them.



Stephen J. Schneider
, 54, and his wife, Linda K. Schneider, 49, both of Haysville were arrested Wednesday evening. On Thursday, a federal grand jury in Topeka returned a 34-count indictment. They will make an initial appearance at 1:30 p.m. Friday in federal court in Wichita.The charges include:
– One count of conspiracy
– Five counts of unlawful distribution of controlled substances resulting in serious bodily injury and death
– Eleven counts of health care fraud
– Thirteen counts of illegal monetary transactions
– Four counts of money laundering.
“Dr. Schneider is charged with unlawfully prescribing large quantities of potentially dangerous narcotic medications,” said U.S. Attorney. “At least four of his patients died from accidental overdoses that investigators believe were directly caused by medications he prescribed. In the past 5 years, a total of 56 patients he treated died from accidental prescription drug overdoses.”
A 65-page indictment describes Schneider Medical Clinic, 7030 S. Broadway in Haysville, as a “pill mill” open 7 days a week. Schneider and his assistants unlawfully wrote prescriptions for Fentanyl, Methadone, Morphine, Oxycodone and other narcotic medications. Scheduling patients 10 minutes apart, the clinic billed more than $4 million to health benefit programs. Linda Schneider, the manager of the clinic’s business operations, often urged the clinic’s staff to work faster, the indictment says.
From 2002 to 2007, at least 56 of Schneider’s patients died of accidental drug overdoses, the indictment says, but Schneider and his assistants did nothing to alter their practices. They ignored red flags indicating that patients were abusing, diverting or becoming addicted to the medications, the indictment says. And they continued prescribing pain killers, muscle relaxers and other medications outside the course of usual medical practice and not for legitimate medical purpose.
Four patients died as a direct result of Schneider’s actions, the indictment says, including:
– Patricia G., 49, who died June 20, 2005, from an accidental overdose of Hydrocodone, Oxycodone and Benzodiazepines.
– Eric T., who died April 22, 2006, from an accidental overdose of Hydrodocone, Oxycodone, Methadone and Soma.
– Robin G., who died May 15, 2007, from Fentanyl intoxication.
– Katherine S., 46, who died Nov. 25, 2003, from an accidental overdose.


During a different time period for which comparable information is available – 2003 through 2006 – 51 of Schneider’s patients died of accidental drug overdoses while the greatest number of comparable deaths associated with any other doctor was 9 – and that doctor was treating AIDS patients.


THE DEATH OF PATRICIA G


In the case of Patricia G., the indictment says she began going to Schneider’s clinic in April 2003 after she was injured in a car accident. She complained of pain in her knees. Over a period of months, she received a variety of medications even though she reported increasing pain and exhibited signs of depression and drug addiction. She received prescriptions for controlled drugs including Hydrocodone (Lortab), Oxycodone and Benzodiazepines (Xanax) from the Schneider clinic.


On June 16, 2005, she was admitted to Via Christi Medical Center for a suspected overdose of prescription drugs. Via Christi notified the Schneider clinic of the incident the next day.
On June 18, 2005, Patricia G. returned to the Schneider clinic and received prescriptions for Lortab, Oxycontin, Oxycodone and Xanax. Two days later, on June 20, 2005, she died of an accidental overdose of prescription medications including Hydrocodone (Lortab), Oxycodone and Benzodiazepines.


THE DEATH OF ERIC T


In the case of Eric T, the patient suffered a serious back injury in a car accident in 1994. He first visited Schneider’s clinic on March 14, 2003. Without obtaining a sufficient medical history, performing a sufficient physical exam or performing a neurological exam, Dr. Schneider diagnosed Eric T. with degenerative disk disease of the lower spine. He prescribed Hydrocodone (Lortab) and Soma (a muscle relaxant).


For the next three years, Schneider prescribed escalating dosages of controlled drugs. Schneider continued the prescriptions although Eric T’s condition showed no improvement and there were signs Eric T was becoming addicted and abusing the drugs.


On April 19, 2006, Dr. Schneider wrote Eric T prescriptions for Hydrocodone (Lortab), Oxycodone/APAP (Percocet), Methadone and Carisprodol. Three days later, April 22, 2006, Eric T. died of an accidental overdose of Hydrocodone, Oxycodone, Methadone and Carisoprodol. He was 46 years old.


DEATH OF ROBIN G


Robin G. suffered from migraine headaches when she first visited Schneider’s clinic on July 13, 2004. She reported having headaches two or three times a month. With only a minimal physical examination and little information on medical history, Dr. Schneider prescribed Fentanyl (Actiq) and Morphine (Avinza).


For almost three years Schneider’s clinic prescribed increasing doses of Actiq, Avinza and Valium to Robin G. On May 11, 2007, she received prescriptions for Fentanyl, Valium and Lidocaine


Four days later, May 15, 2007, Robin G died of Fentanyl intoxication. She was 50 years old


Another patient, Katherine S., 46, died Nov. 25, 2003, which is cited in Count 5 of the indictment and in page 1 of attachment 1.


HEALTH CARE FRAUD


According to the indictment, Schneider’s clinic received more than $4.24 million in payments from health care benefit programs including Medicaid; Medicaid’s HMO, First Guard; Medicare; Blue Cross/Blue Shield of Kansas; and Preferred Health Systems.


Schneider submitted false and fraudulent claims to health care benefit programs, the indictment says, including:
– Claims for a provider seeing patients on days when the provider was not present at the clinic.
– Claims for prescribing medications that were not provided for legitimate medical purposes.
– Claims that were “upcoded” to make it appear a physician had seen a patient when in fact an assistant saw the patient.
– Claims for laboratory services that the clinic did not provide.


ILLEGAL MONETARY TRANSACTIONS, MONEY LAUNDERING


Seventeen counts of the indictment focus on the proceeds of the alleged crimes. In transactions involving $50,000 to $130,000, the Schneiders are alleged to have moved money among accounts at Valley State Bank, the Credit Union of America, Intrust Bank, Bancomer Bank in Acapulco, Mexico; Union Bank of California; and various individuals including themselves, Sara Levin de Gonzalez and Lee Atterbury.


The indictment also seeks the forfeiture of all proceeds from the crimes. Real and personal property listed in the forfeiture count includes 7030 S. Broadway, 224 W. 79th South in Haysville, Kan.; bank accounts at Valley State Bank, Bank of America, the Credit Union of America and Bancomer Bank of Acapulco, Mexico; a 2004 Hummer H2, a 1978 Ford Mustang, a 2002 Nissan Frontier, a 1971 Ford Mustang, a 1995 GMC Jimmy, and two boats.


If convicted, the Schneiders face the following penalties:
– Conspiracy: A maximum penalty of 5 years in federal prison and a fine up to $250,000.
– Illegal distribution of controlled substances: If death or serious bodily injury occur, not less than 20 years and not more than life.
– Health care fraud: If death or serious bodily injury results, a maximum penalty of 20 years and a fine up to $250,000.
– Unlawful monetary transactions: A maximum of 10 years in federal prison and a fine up to $250,000.
– Money laundering: A maximum penalty of 20 years in federal prison and a fine up to $250,000.


The following agencies worked on the investigation:
––Heath and Human Services
– Kansas Bureau of Investigation
– Drug Enforcement Administration
–Kansas Attorney General’s Medicaid Fraud and Abuse Division
– Federal Bureau of Investigation
– U.S. Postal Inspection Service
– Social Security Administration


Assistant U.S. Attorney Tanya Treadway and Assistant U.S. Attorney Alan Metzger are prosecuting.


As in any criminal case, a person is presumed innocent until and unless proven guilty. The indictment filed merely contains allegations of criminal conduct.


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