The 2006 Duke Lacrosse case put a spotlight on prosecutorial misconduct.  District Attorney Mike Nifong was appropriately disbarred, jailed for a day and disgraced after it was exposed there was no evidentiary basis for the case and that he withheld exculpatory DNA evidence for 9-months.  As the elected D. A.  Nifong had tremendous power over the lives of the accused since no one was going to challenge his discretion.

A spotlight needs to be put on the misconduct of state employed medical board (MLB) attorneys affiliated with state physician health programs (PHPs).   These attorney positions were created for purposes of influencing legal, regulatory and public health policy advancing the interests of the stakeholders and to prevent the corruption and shakedown racket from being exposed by blocking any evidence of misconduct or fraud presented.  They are also tasked with initiating and bringing disciplinary proceedings to a predetermined conclusion if  a physician under monitoring contract is reported  “non-compliant.”  These attorneys  conceal, misrepresent and fabricate evidence.  They essentially function as physician health medical board prosecutors (PHMBS). These attorneys have tremendous power over the lives of the accused and no one challenges their discretion.

The Office of State Auditor Suzanne Bump officially started an investigation of Massachusetts Board of Registration in Medicine  Physician Health and Compliance (PHC) Board Counsel in May.

It is essential that the fraud and egregious misconduct these attorneys are participating in be exposed and that they face disciplinary action.

I am aware of 3 suicides that were the direct result of Physician Health and Compliance Board Counsel managed by attorney Robert Harvey.

Moreover, this misconduct is not isolated to Massachusetts. This systemic abuse of administrative process is ubiquitous.

Through  updated Public Records Law I have obtained previously unobtainable records including all of the evidence submitted to PHC Board Counsel. Much of this evidence was extremely difficult to obtain. These records requests have revealed all documents pertaining to forensic lab fraud were either concealed or omitted by PHC Board Counsel.  The documents have never been before a tribunal.  The “litigation packet” has been fraudulently concealed since December 2011.  The simple fact of the matter is these document show flagrant forensic fraud.  This is not a “chain-of-custody error” and pointing to the words “update” “revise” and “correct” to claim it is means you are either complicit or just plain stupid.  The lab fraud is the exact same type as Dookhan except there was no documentation of her misdeeds as plainly articulated ion these documents and the consequences of these tests extend far beyond the Hinton crime lab and are far more grave.  The fact that V.P. of Laboratory Operations Joseph Jones added an ID number to an already positive test knowing that a person was attached to it by faxed request is sociopathic.  I have seen documents illustrating the same fraud from the same lab signed by this same tub of lard.  The fact that PHC Board counsel concealed documentation of clear criminal fraud involving a state PHP and the drug and alcohol lab used by PHPs nationally is despicable.

I am aware of multiple suicides resulting from this very same test at this same lab.

The second set of documents illustrate how the fraud was covered up.  After an outside investigation the lab was forced to invalidate the test but Joseph Jones added the comment “external chain of custody was not followed per standard protocol” which is technically true but an absurd minimization given he falsely created it at the request of Sanchez. The revised lab was reported to PHP Director Sanchez but instead of disclosing the revised test he reported “non-compliance” with support group meetings (a requirement that resulted from the positive test).    PHC Manager Robert Harvey was provided documentation of full compliance with meetings and no contradictory evidence was ever produced.   

On February 6, 2013 the Board suspended my license and Harvey would not provide the reason so my attorney could file an appeal.  He tolled the time until after the deadline for appeal passed and when my attorney attempted to convince him to extend the appeal deadline Harvey replied “that ship has sailed.”   The statement of reasons for the decision identified 4-documents relied on as evidence.  2-documents contained dates of reported attendance at meetings that were not in dispute.  The other 2-documents claimed to contradict the attendance reports were unknown and unidentifiable.   Under updated Public Records Law effective January 1, 2017 and only through the efforts of lawyers with the Department of Public Records and interventions by the Supervisor of Records all 4-documents were disclosed by the Board’s Records Access Officer Gerard Dolan.  The documents identified amount to 6-pages total.  The documents provide direct documentary proof that none of the contradictory facts exist.  Harvey fraudulently misrepresented an item of evidence submitted on my behalf to corroborate attendance at meetings and a rebuttal argument destroying the entire factual premise of the case.   The attorney misconduct is unprecedented on many levels but the simple fact of the matter the 2-statements presenting the contradictory findings of fact are false and these are 100% material to the decision.

The Office of the State Auditor does not have the authority to prosecute criminal fraud but they do have the authority to investigate it and report it to the proper agencies.  The documents show criminal fraud and Harvey is the perpetrator and I am a victim of his fraud.  At a minimum this requires investigation by the Board of Bar Overseers as what is seen is egregious.  RAO Dolan has refused to acknowledge the false statements but they are so obvious you would have to close your eyes.  He had a duty to disclose the false statements and take remedial measures when he was made aware of them.  He instead told the attorneys at the Department of Public Records that they had no business reading the documents and their job was just to provide them.  He also told the Supervisor of Records she had no authority to question the Board’s valid Orders.   The Auditor does. Determining the truth or falsity to the statements simply requires reading the asserted facts found in the statements and examining the true facts found in the documents identified as providing them.  This takes about 5-minutes. 

MA BORIM Board counsel Robert Harvey’s Misconduct (part 1)

MA BORIM Board counsel Robert Harvey’s Misconduct (part 2)

“It is as if the Board didn’t see any of the evidence” is a comment I have heard from  scores of doctors, nurses and other healthcare practitioners across the country.   Truth be told they probably didn’t see any of it.

These medical licensing board (MLB) attorney liaisons to physician health programs exist in every state. The infrastructure pertaining to how they operate may differ but what they do in mechanics and mentality remains the same.

The “PHP-approved” assessment and treatment centers are engaging in fraud through non-existent and exaggerated diagnoses and the contracted  labs are engaging in lab fraud to fabricate positive tests used to coerce the victim into signing a new contract or initiating another.   There is little oversight in the rehab industry and insurance fraud is rampant. Cash only no insurance accepted reduces  accountability to zero.  The drug and alcohol testing laboratory’s utilize non-FDA approved tests with no oversight or regulation–no agency exists that can both investigate and sanction.  PHPs are good organizations that have become corrupted over time by corrupt individuals.  These attorneys monitoring physician health compliance are corrupt individuals who were place within medical boards to add an additional layer of protection.  All evidence supporting the accused is disregarded, deflected or dismissed.  So too is any evidence implicating the PHP or its affiliates in misconduct or fraud.  

While the testing and treatment affiliates are engaging in fraud, these attorneys are engaging in “fraud on the court.”   This is an extortion racket where the PHP makes the threat and PHC Board Counsel pulls the trigger.  The monitoring contracts signed with PHPs and letters of agreement signed with medical boards are signed under coercion, undue influence and duress.  If referred to a PHP the  threat of “non-compliance” begins the moment you walk in the door.  If the PHP recommends an evaluation at an out-of-state facility it is done under threat of reporting non-compliance to the medical board with risk of loss of licensure and livelihood.  These are not genuine agreements. There is no mutual assent.

These attorneys have no interest in presenting truth or pursuing justice.  It is also frequently observed that these attorneys do not follow the rules and have no conscience or moral compass–the only external and internal controls that keep any society free and just for everyone.  They have an utter disregard for fact, truth and consequences.

If a PHP reports “non-compliance” they are tasked with initiating the board proceedings and bringing them to a pre-determined conclusion.  They appear to be following a scripted template in which the only stream of evidence that appears before the medical board is the polluted PHP narrative and its affiliated referral sources and assessment, testing and treatment centers.

It also appears that it is their responsibility to craft and calibrate a statement of reasons for the decision that complies with all legal, regulatory and professional standards.  If the audit of PHC Board Counsel looks at compliance with regulatory,  legal and professional standards they will not detect the fraud.

Paper statements showing compliance are meaningless when taken out of context.  The compliance narrative all too often excludes consideration of how human beings act in organizations.  Corruption by definition is covert and hidden.  The decision making is fragmented.  Accountability firewalls and the diffusion of responsibilities make it difficult to detect individual wrongdoing.

These attorneys  are engaging in factual misconduct.  They hide and conceal and misrepresent and fabricate evidence to support the decision.  Almost everyone who is unjustly coerced into a PHP obtains 2nd. 3rd and even 4th opinions from bona fide experts and here that includes world class facilities and some of the top experts in the field.  The auditors need to look at the statement of reasons for the decision, verify the facts asserted and examine the records for what is missing.  If my records are any indication they scan the records into the Board’s Digital Imaging Unit after the Board meetings for which they were submitted.

They are able to freely engage in false misrepresentation and fraud because of the flawed policy and procedure intentionally put in place for exactly this reason.  This policy and procedure benefits the  stakeholders in the drug and alcohol testing, assessment and treatment industry and remove all due process rights of the accused. PHC Board Counsel have removed the right to a full and fair hearing.  They have removed the right to present evidence and argument supporting one’s case.

Board Policy 94-002  created the position of PHC Board Counsel outside the Enforcement Division of the Massachusetts Board of Registration in Medicine (Board). Policy 94-002 includes the provision that PHC Board Counsel be able to act as their own hearing officers in cases involving physician health and compliance issues.   The Board appoints a “hearing officer” to conduct an adjudicatory proceeding according to the procedures set forth in the Massachusetts Administrative Procedures Act. Mass. Gen. L. ch. 30A. 

It is the hearing officers responsibility to make all decisions regarding the admission or exclusion of evidence.  They not only prepare and present cases to the Board but have carte blanche power to pick and choose what evidence is presented to the Board.  They have also blocked the ability of the accused to ever get evidence before the full boardand it is foolproof.  The only opportunity for a hearing is before a single Board member.

The procedures for violation of probation agreement. (adopted June 9, 1993) dictate what occurs in the event of a report of “non-compliance.”  They allow the unilateral presentation of evidence to the full board at a “meeting.”  If the Board votes to suspend then a hearing can be requested before a single board member within a limited time-frame but the hearing officer has full discretion of what evidence is accepted.  These mechanisms completely blocking the ability to get evidence before the full Board were put in place because Board members come and go.  For risk management in preventing an honest  Board member with integrity from possibly seeing something and asking too many questions they simple introduced procedures that remove the risk and use the 1 or 2 unethical Board members they can trust to rubber-stamp the determination and decision. The wrongdoing seen here cannot be minimized.

Please contribute to my Gofundme.  Attorney Harvey’s misconduct and fraud has caused a great deal of harm to my 3-daughters especially my youngest daughter Josephine who had to leave her school because of these crimes. We are about to suffer another major loss and would greatly appreciate any help to avoid it.  Also please help me hold this guy accountable!

  https://www.gofundme.com/PHPReform

February 6, 2013 Board Order(annotated)

EXHIBIT 2 (Documents identified as providing evidentiary facts presented in 2013 Order Statement of Reasons 9-12) (1)

Statements (9) and (11) present true findings of fact but misrepresent the same attendance records as distinctly different

Statement (10) and (12) are false statements and intentional fraudulent misrepresentations.

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