Local Doctor is Not Guilty – Prescription Drug Conspiracy

Doctor found not guilty of illegally prescribing medication

PIlls

Pittsburgh Post-Gazette

 

A doctor who was charged with illegally prescribing medication to a staff member out of an East Liberty women’s clinic was found not guilty on all counts Wednesday.

John P. Barrett, 42, of Mt. Lebanon was charged in March with three counts, including selling a controlled substance, illegally dispensing and illegally administering a controlled substance.

According to the criminal complaint, the Allegheny Women’s Center, at 121 N. Highland Ave., which has since closed, was receiving large quantities of Diethylpropion, an obesity medication. There were approximately 20,000 pills unaccounted for over a four-year period from the clinic.

Investigators said they found the medicine was being used by Mark Wagner, a lab tech, who took it to treat anxiety and depression.

But prosecutors said Mr. Wagner was not a patient of Dr. Barrett, the clinic’s director, or Dr. Alton Lawson, and that the man’s psychiatrist was not aware he was taking the medication.

In July, Dr. Lawson pleaded guilty to two count of sale of a controlled substance and entered the court’s Accelerated Rehabilitative Disposition program, which will clear his record after nine month of successful probation.

Mr. Wagner pleaded guilty in May to five misdemeanor counts and was sentenced to five years probation. He told investigators that he used the drug but also sold it to a friend to help her lose weight.

Dr. Barrett had a nonjury trial before Allegheny County Common Pleas Judge Anthony M. Mariani on Wednesday.

Defense attorney Steven C. Townsend called no witnesses, but argued to the court that even though his client’s DEA number was used to order medications for the clinic, that did not mean he was aware Mr. Wagner was using it, abusing it or not an actual patient of Dr. Lawson.

Release of Lease – Are you entitlted to a release?

Obtaining a Release of Lease from the oil and gas industry has been a very tedious process.

Surrender of Lease

If you need advice, please give us a call to discuss your particular circumstances.

 

What happens if you believe that your lease is either expired or terminated.  Whether you believe that no production has occurred, haven’t been paid your upfront bonus or delay rentals, or any number of other reasons you can now force the oil and gas company to take action.  The Governor is expected to sign legislation that will assist landowners

in obtaining a Release of Lease if the landowner initiates the process.

House Bill No. 401 was introduced in January 2013 and has had may opportunities to become law.  The last revisions were made on June 27, 2014 and has been passed by both the House and Senate.  The Bill is in on the Governor’s desk for signature.  We will keep you advised on the status of the proposed legislation, but for now click here for the

 Bill

 

 

Section 3. Lessee duty to provide surrender document.
(a) General rule.–Not more than 30 days after the
termination, EXPIRATION or cancellation of an oil or natural gas
lease, the lessee shall deliver to the lessor, without cost to
the lessor, a surrender document in recordable form.

…….

(d) Effect of no challenge.–A lessor who has served a
notice under subsection (a) and fails to receive a timely
challenge from the lessee under subsection (c) may record an
affidavit of termination, EXPIRATION or cancellation of an oil
or natural gas lease in the office of the recorder of deeds for
the county in which the land is situated.

 

Ineffective Assistance Waivers- No More

New DOJ policy bans waiver of potential ineffective-assistance claims against defense counsel – No More Ineffective Assistance Waivers.

Eric Holder

In a new policy announced Tuesday that is effective immediately, the U.S. Department of Justice says an individual who takes a plea cannot waive a potential ineffective assistance claim against his or her legal counsel by doing so.

That means federal prosecutors can no longer include such waiver language in plea bargain documents and that waivers in earlier documents that have already been signed should not be enforced, the Washington Post (reg. req.) reports. Before this week, 35 of the Justice Department’s 94 U.S. attorney’s offices still used the waiver, the Post reported.

“Everyone in this country who faces criminal legal action deserves the opportunity to make decisions with the assistance of effective legal counsel,” said Attorney General Eric H. Holder Jr. in a DOJ press release. “Under this policy, no defendant will have to forgo their right to able representation in the course of pleading guilty to a crime.”

The American Bar Association urged Holder to do away with the policy last year and commended the DOJ’s decision. “Respect for the integrity of the criminal justice system requires a fair process, conflict-free defense counsel and the proper administration of justice,” ABA President William C. Hubbard said in a statement. “With a high percentage of criminal cases decided by guilty pleas, the routine use of waivers of ineffective assistance of counsel can create a conflict of interest and insulate attorney conduct from judicial review.”

Underage Drinking

How an Underage Drinking charge can affect your record?

In Pennsylvania, a charge of Underage Drinking can be located on a public government database.  When a student is charged with Underage Drinking, the citation and hearing is filed and heard before a Magisterial District Court in Pittsburgh.  Unable to connect to Nvidia The particular docket sheet of the case can be found on the database http://ujsportal.pacourts.us/DocketSheets/MDJ.aspx.

Many of the background search companies upload the database and either provide the information for free on their site or sell it to subscribers.   Now, many of the Internet background search companies upload the entire database from the Administrative Office of Pennsylvania Courts (AOPC), so the company has the records of all persons charged in Pennsylvania before a specific request is made.

Underage Drinking

The minimum penalties for underage drinking are as follows:

• A fine of up to $500 plus court costs.

• A 90-day suspension for the first offense.

• A one (1) year suspension for the second offense.

• A two (2) year suspension for the third and subsequent offenses.