Pubdate: Fri, 25 Jun 2010
Source: Houston Chronicle (TX)
Copyright: 2010 Houston Chronicle Publishing Company Division, Hearst Newspaper
Contact:  http://www.chron.com/
Details: http://www.mapinc.org/media/198
Author: Roxana Hegeman, Associated Press Writer
Related: http://www.mapinc.org/drugnews/v10/n392/a08.html

KAN. DOC CONVICTED OF CONSPIRACY IN PILL MILL CASE

WICHITA, Kan. - A federal jury Thursday found a Kansas doctor and
his wife guilty of conspiring to profit from illegally prescribing
painkillers to dozens of patients who later died, in a case
highlighting medical treatment of chronic pain sufferers and
prescription drug abuse.

Dr. Stephen Schneider and his wife, Linda, were charged in a 34-count
indictment with unlawful dispensing of drugs, health care fraud and
money laundering. Jurors convicted them of a moneymaking conspiracy
that prosecutors linked to 68 overdose deaths. They were directly
charged in 21 of the deaths.

During their eight-week trial, prosecutors told jurors the Schneiders
defrauded insurers and patients by carelessly writing prescriptions
for potent, addictive painkillers to people with severe pain but also
to drug abusers who feigned symptoms.

The Schneiders also were found guilty on five counts of unlawfully
writing prescriptions and 11 health care fraud counts. They also faced
17 money laundering counts. Stephen Schneider was found guilty on two
of those counts; Linda Schneider was found guilty of 15 money
laundering charges. The government is also seeking forfeiture of their
assets, but it will be up to the judge to later decide the amount.

No date has been set for sentencing. They face up to a life sentence,
with the most serious counts carrying a minimum of 20 years in prison.

The doctor turned to face his wife in apparent surprise when the first
guilty verdict on conspiracy to commit health care fraud was read,
then both stared down despondently as the rest of the 17-page verdict
form was read. The couple hugged in the courtroom shortly before they
were taken into custody.

The doctor appeared stoic when his wife tearfully told her parents and
teenage daughters in the gallery that she couldn't go with them as
U.S. District Judge Monti Belot cleared the courtroom. The family left
without commenting to reporters.

"The evidence in this case of patients suffering from overdose and
death points to the fact that when prescription pain killers are
unlawfully prescribed, they can be as dangerous as illegal drugs,"
U.S. Attorney Lanny Welch said in a statement.

The doctor's attorney, Lawrence Williamson, appeared red-eyed as he
left the courtroom.

"We are absolutely shocked," Williamson said outside the courthouse.
"These two people are totally innocent of these charges."

Williamson called it "a sad day for our justice system today." The
defense plans to appeal.

"Dr. Schneider was practicing medicine "" he wasn't being a drug
dealer," Williamson said.

Kevin Byers, who represented Linda Schneider, told reporters so much
of the case wasn't even about his client even if she was found guilty
of more counts than her husband. Byers told reporters that even the
judge once said it was an oppressive indictment, a reference to a
letter Belot wrote last year in which he recounted a conversation he
had with then-Acting U.S. Attorney Marietta Parker.

Schneider, 56, operated the Schneider Medical clinic in the Wichita
suburb of Haysville. Linda Schneider, 52, is a nurse who worked as the
clinic's office manager.

Their case had been championed by Siobhan Reynolds, president of the
Pain Relief Network, who contends the prosecution of doctors who
prescribe high doses of pain relievers is leading to undertreatment of
chronic pain.

"The crisis in pain treatment is going to deepen even further,"
Reynolds said outside the courtroom. "People are going to have trouble
getting care because doctors are afraid this is going to happen to
them."

The government accused Dr. Schneider of being little more than a drug
dealer who didn't carefully monitor cases, prescribed excessive
dosages and wrote prescriptions so freely he became known among some
patients as the "Candy Man." Prosecutors said the couple did not alter
their practices even after getting notices their patients were turning
up in emergency rooms and at the morgue following overdoses.

Testifying in his own defense, Schneider said he only was trying to
help and had been duped by some painkiller addicts. He told jurors he
never meant to hurt or defraud anyone. His wife did not take the stand.

Defense attorneys argued not only that the federal government was
meddling in doctor-patient relationships, but said prosecutors had
inflated the number of deaths attributed to Schneider's prescriptions
by including patients who died while the Schneiders were in jail,
patients who committed suicide, those who took illegal drugs and
clinic patients he never treated or had treated months earlier. 
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