Landmark Pill Mill Case Results
ORIGINAL CASE DETAILS
Petitioners Xiulu Ruan and Shakeel Kahn are physicians who each have a license to prescribe controlled substances. They were each criminally charged and tried by a jury for violating a federal law that makes it a crime to distribute controlled substances without authorization. 21 USC § 841 is a federal regulation that allows registered doctors to dispense controlled substances by writing a prescription, but only if the prescription is written for a legitimate medical purpose and is issued by an individual doctor who is practicing in the usual course of their professional career. The issue in Ruan’s and Kahn’s trials was what mental state is required to be convicted under the law for distributing controlled substances not “as authorized.” Ruan and Kahn argued that the jury instructions were wrong about what the intent requirement is when prescribing drugs illegally. They were both found guilty under the federal law and have appealed their convictions based on an argument regarding what type of intent was necessary for a conviction.
The question before the court is for a prosecutor to show that a doctor dispensed drugs illegally, does the government just need to show that the prescription was not authorized, or does the government need to prove that the doctor knew or intended that the prescription was unauthorized for an illegal purpose? If you are facing a similar criminal allegation, then it is critical that you speak to an experienced federal healthcare fraud attorney right away.
HOW DID THESE CASES GET TO THE UNITED STATES SUPREME COURT?
Both Ruan and Kahn were convicted at trial and their convictions were separately heard and affirmed by the United States Federal Court of Appeals for the Tenth and Eleventh Circuits respectively. Ruan, in his case, asked the court to require the government to prove that he subjectively knew that his prescriptions were not allowed and outside his prescribing authority. The District Court rejected this request and instead gave an instruction that said a doctor is allowed to prescribe "in good faith as part of his medical treatment of a patient in accordance with the standard of medical practice generally recognized and accepted in the United States." The Court also stated that a physician violates the law when the physician’s actions “were either not for a legitimate medical purpose or were outside the usual court of professional medical practice.” Ruan was convicted, sentenced to 20 years in federal prison, and ordered to pay millions of dollars by the court.
In Kahn’s case, his conviction led to a 25-year federal prison sentence and a holding from the Tenth Circuit Court of Appeals that for the government to convict a doctor under 21 USC § 841, they must prove either: a) the physician knew that a prescription was issued not for a legitimate medical purpose or b) the physician issued a prescription that was objectively not in the usual course of professional practice. Both defendants filed petitions to the United States Supreme Court for certiorari and the court combined the cases and agreed to hear and decide the issue.
WHAT DOES THIS NEW RULING MEAN?
The US Supreme Court found that the "knowingly or intentionally" mental state applies to authorization. At trial, once a defendant shows evidence that he or she was authorized to dispense controlled substances, the Government must prove that the defendant knew he or she was acting in an unauthorized way or intended to do so to properly secure a conviction under 21 USC § 841. This ruling is now the law of the land and affects all similar cases.
HOW DOES THIS AFFECT ME?
Hopefully, none of this affects you. But if you are currently being investigated for illegally prescribing controlled substances, have already been charged, or have already been convicted then this can affect you directly. The decision in this case could have a significant effect on your situation. If you need legal help, then be sure to speak to an experienced attorney right away.
FREE AND CONFIDENTIAL CONSULTATION
At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal healthcare fraud cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here. We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.
