Federal drug officials arrested an Orange County physician on October 25, 2011, accusing him of illegally prescribing medications, including potentially dangerous opiates, outside of his normal medical practice. Dr. Alvin Mingczech Yee of Mission Viejo faces 56 charges of drug-related offenses. The indictment alleges that he prescribed drugs such as oxycodone and hydrocodone to people he had not properly examined, and had often just met, in exchange for cash payments. He allegedly often met these patients at Starbucks instead of his office. Police are also investigating the death of a woman who may have overdosed on drugs obtained from Yee.
Yee faces 50 counts of "illegal distribution of a controlled substance by a medical professional" and 6 counts of "illegal distribution of a controlled substance by a medical professional to a minor." Federal law defines a "minor" for these purposes as some under 21 years of age. According to the U.S. Attorney's Office, up to one third of the people obtaining prescriptions from Yee were 25 years old or younger.
Authorities accuse Yee of meeting with up to twelve people a night, every night of the week after business hours, and providing prescriptions for medications like Adderall, Xanax, and OxyContin for cash. These drugs are highly addictive and potent, and are therefore tightly controlled by law. People came from all over the United States to meet with Yee, authorities say. DEA investigators in Seattle, Phoenix, and Detroit reportedly seized large quantities of prescription drugs in various arrests and traced the drugs back to Yee's prescriptions. DEA agents apparently posed undercover as buyers during their investigation of Yee. The government described Yee's practice as a "front for drug dealing." Authorities further link Yee to the death of Krista Davis, a young woman who died of a drug overdose in Huntingdon Beach in August, allegedly from drug obtained from Yee.
In a similar case, the FBI arrested Bakersfield physician Dr. Gonzalo Flores Ruiz in Los Angeles, charging him with 21 counts of unlawful distribution of hydrocodone, often sold under the trade name Vicodin. Federal agents raided his office in October and now accuse him of prescribing these medications for "no legitimate medical purpose."
A major question facing prosecutors in these cases is what constitutes a "legitimate" prescription. Federal law lists hydrocodone as a schedule II narcotic, meaning it has an accepted medical use, but also has high potential for abuse and may lead to severe dependence. Prosecutors must demonstrate that the doctors deliberately circumvented the normal procedure for prescribing medications and did not exercise ordinary diligence in examining and diagnosing patients before writing the prescriptions. This goes beyond the standard of proof in a medical malpractice claim, which is a civil claim for damages only requiring a "preponderance of evidence" of a doctor's negligence. Since this is a criminal case seeking fines and imprisonment, guilt must be shown beyond a reasonable doubt. The rather sensational nature of Yee's alleged actions may work to convict him in the media, but the prosecution still has the burden of proving that he acted improperly.
Orange County criminal defense attorney Barney Gibbs represents the rights of Californians who have been arrested or charged with alleged drug offenses. For a free and confidential consultation, contact him through his website or at (714) 838-9019.
More Blog Posts:
Sale of Drugs Leads to Homicide Conviction for Wisconsin Woman, Orange County Criminal Attorney Blog, October 21, 2011
Federal Crackdown on Marijuana in California Is on Its Way, Orange County Criminal Attorney Blog, October 3, 2011
Illegal Prescriptions, Orange County Criminal Attorney Blog, July 22, 2011
Photo credit: jppi from morguefile.com
