DOCSLIB.ORG

Health Frauds and Quackery Hearings

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Health Frauds and Quackery Hearings HEALTH FRAUDS AND QUACKERY HEARINGS BEFORE THE SUBCOMMITTEE ON FRAUDS AND MISREPRE- SENTATIONS AFFECTING THE ELDERLY OF THE SPECIAL COMMITTEE ON AGING UNITED STATES SENATE EIGHTY-EIGHTH CONGRESS SECOND SESSION Part 1.-San Francisco, Calif. JANUARY 13, 1964 Printed for the use of the Special Committee on Aging U.S. GOVERNMENT PRINTING OFFICE 31-135 WASHINGTON: 1964 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington., D.C. 20402 -Price 45 cents SPECIAL COMMITTEE ON AGING GEORGE A. SMATHERS, Florida, Chairman PAT McNAMARA, Michigan EVERETT McKINLEY DIRKSEN, Illinois CLAIR ENGLE, California BARRY GOLDWATER, Arizona HARRISON A. WILLIAMS, JR., New Jersey FRANK CARLSON, Kansas MAURINE B. NEUBERGER, Oregon WINSTON L. PROUTY, Vermont WAYNE MORSE, Oregon KENNETH B. KEATING, New York ALAN BIBLE, Nevada HIRAM L. FONG, Hawaii FRANK CHURCH, Idaho E. L. MECHEM, New Mexico JENNINGS RANDOLPH, West Virginia EDMUND S. MUSKIE, Maine EDWARD V. LONG, Missouri FRANK E. MOSS, Utah EDWARD M. KENNEDY, Massachusetts RALPH W. YARBOROUGH, Texas J. WiLmamaa NORMAN, Jr., Staff Director JoHIN Guy MILLER, Minority Staff Director SUBCOMMITTEE ON FRAUDS AND MISREPRESENTATIONS AFFECTING TEE ELDERLY HARRISON A. WILLIAMS, JR., New Jersey, Chairman MAURINE B. NEUBERGER, Oregon KENNETH B. KEATING, New York WAYNE MORSE, Oregon WINSTON L. PROUTY, Vermont FRANK CHURCH, Idaho HIRAM L. FONG, Hawaii EDMUND S. MUSKIE, Maine E. L. MECHEM, New Mexico EDWARD V. LONG, Missouri EDWARD M. KENNEDY, Massachusetts RALPH W. YARBOROUGH, Texas WILLIAM E. ORIOL, Professional Staff Member NOTE.-Four hearings on health frauds and quackery were held and they are identified as follows: Part 1-San Francisco, Calif., Jan. 13, 1964. Part 2-Washington, D.C., March 9, 1964. Part 3-Washington, D.C., March 10, 1964. Part 4b Washington, D.C., April 6, 1964. (Eye care.) II CONTENT S CHRONOLOGICAL LIST OF WITNESSES Page Opening statement of the chairman 1 Hon. Maurine B. Neuberger, U.S. Senator from Oregon- 3 Hon. John F. Shelley, Mayor City of San Francisco- 4 Charles A. James, Assistant Attorney General of California- 4 Dr. Hamlet C. Pulley, Assistant Director, State Department of Public Health - 14 Joseph F. Bottini, Program Supervisor, State Bureau of Food and Drug Inspections - 34 Dr. Kenneth F. Ernst, State Cancer Diagnosis and Therapy Evaluation Unit, California State Department of Public Health -66 Mrs. Tecla Tibbs - _ -------------------------------------- 75 Mrs. Bessie L. Tomlinson - 76 Mr. Harold A. Delp - 77 John W. Miner, Deputy District Attorney, Los Angeles County -79, 161 Thomas C. Schumacher, Chief Deputy Director, Department of Profes- sional and Vocational Standards, California Business and Commerce Agency -85 Dr. Eugene L. Miller, California Medical Association -88 Dr. W. Edward Naugler, Northern California Chapter, Arthritis and Rheumatism Foundation -90 Mrs. Lucelia Moore, MetroDolitan Hearing Center, Los Angeles- 98 Mrs. Virginia Nelson, Better Business Bureau -101 Dr. Cora Miller, immediate past president, Greater Los Angeles Nutrition Council ----------------------------- 103 Dr. George M. Briggs, Chairman, Department of Nutritional Sciences, University of California -108 Dr. Harold Cornacchia, chairman, Department of Health Education, San Francisco State College ---------------------------- 113 Mrs. Helen E. Nelson, consumer counsel to Governor Brown, State of California - 117 Mrs. J. P. Bramer -123 McKay McKinnon, Jr., district director, Food and Drug Administration, Clinton R. Miller, National Health Federation -140, 161 Mr. Leaf Champagne -145 Charles Orlando Pratt, attorney, Washington, D.C -146 Harry Stuver -147 Marion Conrad -148 Irene Grosz I----------------------------- --------------- 148 Mrs. Mary I. Leigh ------------------------------------------------ 150 Edwin A. Verner, civil engineer ------------- 151 Marshall T. Patey - ------------------------------------------- 152 Appendix -155 California Hearing Aid Dealers Association, Edward J. White, director on the board -155 STATEMENTS Miller, Dr. Cora, immediate past president, Greater Los Angeles Nutrition Council -107 National Health Federation; Clinton R. Miller -143 Society of Hearing Aid Audiologists, California Chapter, Roy R. zumBrunnen, president -161 Williams, Hon. Harrison A., U.S. Senator from New Jersey -- 2 m IV CONTENTS ADDITIONAL INFORMATION Appendix A. Summarization of various laws to protect people from fraud Page and misrepresentation, State of California -10 Bureau of Food and Drug Inspection's report on suppression of quackery 15 Greater Los Angeles Nutrition Council, Inc., leaflet -105 "Our Natural Chemical Liquefier and Discussion of H3 " reprint from "Let's Live"- -------------------------------------------- 3S Ozone, the Breath of Life, reprint of brochure -43 Quack exhibit, Northern California Chapter, Arthritis and Rheumatism Foundation -93 "Radium Radiation," brochure from Health Center -57 Recent Food and Drug Administration actions -133 Resolutions approved by Health Monopoly Congress - 137 Review of Departmental Cancer Advisory Council, 1959 to date -70 U.S. Food and Drug Administration, memorandum with three "consumer memos" under the general title "Your Money and Your Life"-129-133 "William Estep Convicted," reprinted from Texas Bulletin, April 26, 1954 62 MEDICAL QUACKERY AND HEALTH FRAUDS (Part 1) MONDAY, JANUARY 13, 1964 SENATE SUBCOMMITTEE ON FRAUDS AND MISREPRESENTATIONS AFFECTING THE ELDERLY OF THE U.S. SENATE SPECIAL COMMITTEE ON AGING, San Francisco, Calif. The subcommittee met at 9 a.m. in room 1194, State Building Annex, 350 McAllister Street, San Francisco, Calif., Senator Harrison A. Williams, Jr., chairman. Present: Senator Harrison A. Williams, Jr., and Senator Maurine B. Neuberger. Also present: William E. Oriol, professional staff; John Guy Miller, professional staff of the minority; and Patricia Slinkard, chief clerk. Senator WILLIAMS. I think we will bring this hearing to order and get underway. I would like to say that Senator Neuberger and I are very happy indeed to be in this city of San Francisco, so ably administered by our former colleague, Mayor Shelley, who is with us this morning. We have a long witness list today, and everybody has agreed that they will try to present their material as succinctly as possible. I know I have a statement that I will put into the record rather than read it completely at this time. I will summarize the points made there. The Senate Committee on Aging recognizes that quacks and other promoters have made the elderly the major target for unscrupulous selling campaigns, and quackery is certainly the worst of these. To combat these pitchmen and promoters, we have established this Subcommittee on Frauds and Misrepresentations Affecting the Elderly. The first hearing of this subcommittee is the one here today, and we expect that there will be much to be learned from this hearing. We expect that it will be very useful, because enforcement crackdown by Federal and State agencies have forced quacks to camouflage their operations. Promoters have become more subtle, and thus they are potentially more dangerous. We believe that this hearing will help us gather information on new methods of staying within or just beyond the letter of inadequate law. We also want to hear more about State laws on cancer quackery control and the regulation of fraudulent medical devices. It is quite possible that such legislation could encourage Federal and State cooperation for mutual goals. Our final reason for coming to California is that there is an influx of elderly into the State. We have been told there has been a cor- responding increase in some forms of quackery. We want to hear more about this problem and about the efforts of public agencies and private citizens to overcome this problem. 1 2 HEALTH FRAUDS AND QUACKERY We have divided the hearing roughly into two parts. We will hear about lawv enforcement programs in the morning and educational programs this afternoon. Each witness has been told that he may supplement his statement today and supplement his statement within 2 weeks. This after- noon, we hope at 4 o'clock or so to open the meeting to a general town meeting type of discussion. (The prepared statement of Senator Williams is as follows:) PREPARED STATEMENT OF SENATOR HARRISON A. WILLIAMS Our hearing today continues the work begun last year when the Senate Special Committee on Aging began its inquiry into major frauds and misrepresentations that victimize older Americans. Three full days of preliminary testimony gave us dismaying insight into the special problems facing older consumers today. We learned that men and women near or past retirement age have become the chief target of schemers who see them simply as a new and growing market for exploitation. We learned that pitchmen and promoters of all kinds have made greedy inroads into the pension incomes or savings of many older Americans. Frankly, we were shocked that so many Americans-at a time in life when they can least afford to be cheated or endangered by worthless offerings-apparently do not have sufficient protection or information to be safe from salesmen of frauds, sorrow, and loss. We were most shocked by the information we received about medical quackery and health frauds. Witnesses told us that quackery of all kinds cost all age groups at least $1 billion a year. This was an estimate based on information collected a few years ago. As I learn more about the problem, I become more convinced that this estimate is too low. It seems to
Load more

Recommended publications
  • Identity Theft Literature Review
    The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Identity Theft Literature Review Author(s): Graeme R. Newman, Megan M. McNally Document No.: 210459 Date Received: July 2005 Award Number: 2005-TO-008 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. IDENTITY THEFT LITERATURE REVIEW Prepared for presentation and discussion at the National Institute of Justice Focus Group Meeting to develop a research agenda to identify the most effective avenues of research that will impact on prevention, harm reduction and enforcement January 27-28, 2005 Graeme R. Newman School of Criminal Justice, University at Albany Megan M. McNally School of Criminal Justice, Rutgers University, Newark This project was supported by Contract #2005-TO-008 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S.
    [Show full text]
  • Homeopathy and Psychological Therapies
    Entry Homeopathy and Psychological Therapies Davide Donelli * and Michele Antonelli AUSL-IRCCS Reggio Emilia, 42122 Reggio Emilia, Italy; [email protected] * Correspondence: [email protected] Definition: Homeopathy is a popular, although highly debated, medicinal practice based on the administration of remedies in which active substances are so diluted that no detectable trace of them remains in the final product. This hypothesis paper aims to outline a possible reinterpreta- tion of homeopathy in the light of psychological therapies in order to improve its clinical safety and sustainability. Keywords: homeopathy; psychology; reinterpretation; hypothesis 1. Introduction Homeopathy is a popular, although highly debated, medicinal practice. In Italy, for ex- ample, it is estimated that, even if with a slightly declining trend, around 4.1% of the entire population (almost 2.5 million people) occasionally or regularly seeks homeopathic care, and these data, collected in 2013, suggest that homeopathy is the most used Complemen- tary and Alternative Medicine (CAM) by Italians [1]. Epidemiological studies aimed to assess the worldwide prevalence of homeopathy use have reported similar data for other high-income countries [2]. Homeopathy was first invented by the German doctor Samuel Hahnemann (1755–1843), and it is based on the administration of remedies in which active substances are so diluted that no detectable trace of them remains in the final product [3]. In his empirical studies, Citation: Donelli, D.; Antonelli, M. Hahnemann reported that the self-administration of a common antimalarial medicinal Homeopathy and Psychological Ther- plant (Cinchona) resulted in the occurrence of the same symptoms of malaria, but to a Encyclopedia 2021 1 apies.
    [Show full text]
  • Radionic Patient Survey
    Radionics: A Patient Survey by Tom Lafferty MSc, HFRadA, MRadA Reprinted from Radionic Journal 49 (1), 27-35 (January 2004) Radionic Association, Baerlein House, Goose Green, Deddington OX15 0SZ T/F +44 (0)1869 338852 [email protected] web: www.radionic.co.uk 27 Radionics: A Patient Survey by Tom Lafferty MSc, HFRadA, MRadA Introduction A patient survey was conducted in 1996 and was successful in evaluating patients’ perceptions of the benefits they had received from radionic treat- ment (see Winter 1998 Journal; 44(2), 17-24). The exercise was repeated in 2002 using a similar questionnaire to see if the picture had changed and also to generate information as a guide to dis- cussion on future actions by the Radionic Association. 83 patients, selected randomly, agreed to participate but in the event only 59 (71%) returned a completed questionnaire. Note: The value of the type of research carried out here was confirmed by an item in the Prince of Wales’s Foundation for Integrated Health Oct 2003 newsletter which read: ‘A report has been published by Tyne and Wear Health Action Zone which explores the patients’ perspective of complementary medicine (CM) and its perceived impact on their mental health and wellbeing. The research is based on qualitative data from the integrated healthcare pilot study in Newcastle Primary Care Trust. The report concludes that the fundamental approach and philosophy of CM has had a positive effect.’ ‘The pilot study came third in the Foundation’s 2001 Awards for Good Practice in Integrated Healthcare and is shortlisted for this year’s Awards.’ Summary of Findings 1.
    [Show full text]
  • Pharmacy/Prescription Drug Fraud Tips for Protecting Yourself and Medicare
    Pharmacy/Prescription Drug Fraud Tips for Protecting Yourself and Medicare Pharmacy and prescription drug fraud is a consistent trend in Medicare. Due to the lucrative nature of prescription drug diversion and pharmacy scams, criminals continue to exploit Medicare Part D. What is Medicare Pharmacy/Prescription Drug Fraud? Although there are many types of prescription drug schemes, pharmacy fraud primarily occurs when Medicare is billed for a medication that was not received or a beneficiary is intentionally given a different prescription drug than prescribed. What are Examples of Pharmacy/Prescription Drug Fraud? • Billing Medicare for prescription drugs (including refills) that were never picked up, delivered, or even prescribed. • Billing Medicare for prescription drugs (occasionally controlled substances such as opioids) that were prescribed by a health care provider you have never seen. • Billing Medicare for medication amounts beyond the quantity you were prescribed. • Billing Medicare for a different prescription drug (often more expensive) than the one you were originally prescribed or issuing you a drug that is not approved by the U.S. Food and Drug Administration (FDA). • A pharmacy that intentionally provides less medication than prescribed. • A pharmacy that issues expired drugs. • A pharmacy that provides and bills for an expensive compounded medication, including topical pain creams, when a traditional or less expensive prescription was ordered by your provider. • A company offering you “free” or “discount” prescription drugs without a treating physician’s order and then billing Medicare. • A pharmacy offering gift cards or other compensation so you switch your prescriptions over to a specific pharmacy. • A pharmacy automatically refilling a prescription you no longer need.
    [Show full text]
  • Near North Insurance Executive Indicted on New Rico and Fraud Charges in Alleged $20 Million Fraud Scheme
    U. S. Department of Justice United States Attorney Northern District of Illinois Patrick J. Fitzgerald Federal Building United States Attorney 219 South Dearborn Street, Fifth Floor Chicago, Illinois 60604 (312) 353-5300 FOR IMMEDIATE RELEASE PRESS CONTACTS: THURSDAY OCTOBER 31, 2002 AUSA/PIO Randall Samborn (312) 353-5318 NEAR NORTH INSURANCE EXECUTIVE INDICTED ON NEW RICO AND FRAUD CHARGES IN ALLEGED $20 MILLION FRAUD SCHEME CHICAGO -- A Chicago insurance executive was indicted today on new federal fraud and racketeering charges, alleging that for at least 12 years he illegally used millions of dollars in insurance premiums for personal and business expenses for himself and his companies. The defendant, Michael Segal, president and chief operating officer of Near North Insurance Brokerage, Inc. (NNIB), which he controlled through his ownership of its parent corporation, Near North National Group, Inc. (NNNG), allegedly looted a business account that held insurance premiums and knew that it was consistently millions of dollars short. Near North’s premium trust fund account, or PFTA, an account that licensed insurance brokers must maintain under Illinois law, was allegedly deficient in amounts ranging from $5 million at the end of 1990 to approximately $24 million by 2001. The charges were contained in a 16-count superseding indictment returned late today by a federal grand jury, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Thomas J. Kneir, Special Agent-in-Charge of the Chicago Field Division of the Federal Bureau of Investigation. Segal was charged with seven counts of insurance fraud, seven counts of mail fraud and one count each of wire fraud and racketeering.
    [Show full text]
  • The Evolution of Organized Crime and Labor Racketeering
    TheThe EvolutionEvolution ofof OrganizedOrganized CrimeCrime andand LaborLabor RacketeeringRacketeering CorruptionCorruption Office of Inspector General U.S. Department of Labor November 2004 The Unique Role of the Department of Background Labor’s Office of Inspector General Labor racketeering is the infiltration and/or control of a In addition to the normal investigative activities carried union or employee benefit plan for personal benefit out by all Offices of Inspector General (OIGs), the OIG at through illegal, violent, or fraudulent means. Organized the Department of Labor (DOL) has a unique crime groups often engage in labor racketeering. programmatic responsibility for investigating labor However, the types of organized crime groups that racketeering and organized crime influence or control in engage in labor racketeering and the methods they unions, employee benefit plans, and the workplace. employ have evolved over time. This statutory mandate is undertaken as part of the Although the government has made strides in the fight Department of Justice's overall attack on organized crime against traditional organized crime, new nontraditional and racketeering activities. Following U.S. Senate hearings organized crime groups have emerged alongside in 1978 on DOL’s ineffective commitment to the enduring forms of racketeering such as bribery and Department of Justice Organized Crime Strike Force's extortion. The field of organized crime groups has attack on labor racketeering, the Secretary of Labor expanded to include new nontraditional, transnational reassigned the enforcement program to an independent groups from Asia and Eastern Europe among others, Office of Special Investigations. Later that year, when in addition to traditional groups like La Cosa Nostra Congress passed the Inspector General Act, Congress (LCN), known also as the "Mafia." recognized the need to safeguard the independence of DOL's labor racketeering program and placed the What remains unchanged is labor racketeering's impact enforcement program in the independent Labor OIG.
    [Show full text]
  • 'Frozen 2' Gives Homeopathic Quackery a Warm
    Technology & Ideas ‘Frozen 2’ Gives Homeopathic Quackery a Warm Embrace Disney's film appears to support a debunked, but increasingly popular, form of alternative medicine. By Ariel Procaccia December 24, 2019, 5:30 AM EST No memory whatsoever. Photographer: Christof Stache/AFP/Getty Images Like millions of other parents, I dutifully took my kids to see Disney’s “Frozen 2” last month, thinking nothing of it. But a few weeks later, not only am I still humming “Into the Unknown.” I am also pondering whether the company that created Donald Duck has embraced quack medicine. Let me explain. The recurring theme in “Frozen 2” is that water has memory. This idea appears time and again throughout the movie, from the very first song — the haunting lullaby “All Is Found” (“where the Northwind meets the sea, there’s a river full of memory”) — to the predictably sentimental ending. At first glance that doesn’t seem unusual; after all, this is a movie whose main characters are an ice witch, a talking snowman and a guy who can basically read his reindeer’s mind. What I found suspicious, however, is a scene where Olaf (the snowman) entertains his friends with scientific trivia: Water has memory, turtles breathe through their butts, men are six times more likely to be struck by lightning than women, and wombats poop in squares. These claims are reasonably accurate, 1 except for water memory. To make matters worse, Olaf actually insists that “it’s disputed by many, but it’s true.” Olaf’s lecture seems to support homeopathy, a system of alternative medicine that relies on the idea that water “remembers” the effects of substances that were previously dissolved in it.
    [Show full text]
  • Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2019
    The Department of Health and Human Services And The Department of Justice Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2019 June 2020 TABLE OF CONTENTS I. Executive Summary 1 II. Statutory Background 3 III. Program Results and Accomplishments 5 Monetary Results 5 Expenditures 7 Overall Recoveries 8 Health Care Fraud Prevention and Enforcement Action Team 8 Health Care Fraud Prevention Partnership 10 Strike Forces 10 Opioid Fraud and Abuse Detection Unit 13 Highlights of Successful Criminal and Civil Investigations 14 IV. Department of Health and Human Services 39 Office of Inspector General 39 Centers for Medicare & Medicaid Services 61 Administration on Community Living 85 Office of the General Counsel 88 Food and Drug Administration Pharmaceutical Fraud Program 91 V. Department of Justice 95 United States Attorneys 95 Civil Division 96 Criminal Division 102 Civil Rights Division 107 Department of Justice Office of Inspector General 110 VI. Appendix 112 Federal Bureau of Investigation 112 Return on Investment Calculation 116 Total HCFAC Resources 117 VII. Glossary of Terms 118 GENERAL NOTE All years are fiscal years unless otherwise stated in the text. EXECUTIVE SUMMARY The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established a national Health Care Fraud and Abuse Control Program (HCFAC or the Program) under the joint direction of the Attorney General and the Secretary of the Department of Health and Human Services (HHS),1 acting through the Inspector General, designed to coordinate federal, state and local law enforcement activities with respect to health care fraud and abuse. In its twenty-third year of operation, the Program’s continued success confirms the soundness of a collaborative approach to identify and prosecute the most egregious instances of health care fraud, to prevent future fraud and abuse, and to protect program beneficiaries.
    [Show full text]
  • Railroad Retirement Board, (RRB) Disability Program Integrity Action Plan January 2011 and Disability Fraud Awareness Training Program Materials
    Description of document: Railroad Retirement Board, (RRB) Disability Program Integrity Action Plan January 2011 and Disability Fraud Awareness Training Program Materials Requested date: 22-December-2013 Released date: 18-February-2014 Posted date: 17-March-2014 Source of document: FOIA Request General Counsel/Chief FOIA Officer U.S. Railroad Retirement Board 844 North Rush Street Chicago, IL 60611-2092 Fax: (312) 751-7102 Email: [email protected] Note: Some materials released are undated The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. GovernmentAttic.org is not responsible for the contents of documents published on the website. U NITED STATES OF AMERICA RAILROAD RETIREMENT BOARD 844 NORTH RUSH STREET CHICAGO, ILLINOIS 60611-2092 FEB 1 8 2014 GENERAL COUNSEL Re: Freedom of Information Act Request dated December 22, 2013, c.
    [Show full text]
  • Mail Fraud: Opening Letters
    South Carolina Law Review Volume 43 Issue 2 Article 3 Winter 1992 Mail Fraud: Opening Letters Ellen S. Podgor Georgia State University College of Law Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Podgor, Ellen S. (1992) "Mail Fraud: Opening Letters," South Carolina Law Review: Vol. 43 : Iss. 2 , Article 3. Available at: https://scholarcommons.sc.edu/sclr/vol43/iss2/3 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Podgor: Mail Fraud: Opening Letters SOUTH CAROLINA LAW REVIEW VOLUME 43 WINTER 1992 NUMBER 2 MAIL FRAUD: OPENING LETTERS ELLEN S. PODGOR* I. INTRODUCTION ....................................... 224 II. ELEMENTS ........................................... 225 A. First Element-Scheme to Defraud ............... 226 B. Second Element-Mailing in Furtherance of Schem e ........................................ 229 C. Mail Fraud As It Relates to Wire Fraud and RICO 231 III. SCHEME TO DEFRAUD ................................. 232 A. Intangible Rights Doctrine ....................... 232 B. 1346 Ramifications .............................. 236 IV. IN FURTHERANCE ..................................... 239 A . Conduct ........................................ 240 B. Lim itations ..................................... 242 1. Conflicts with Scheme to Defraud............. 243 2. Imperative Duty Imposed by State ........... 245 3. Mailing Prior to Commencement of Scheme ... 247 * Associate Professor of Law, Georgia State University College of Law. B.S. 1973, Syracuse University; J.D. 1976, Indiana University School of Law at Indianapolis; M.B.A. 1987, University of Chicago; L.L.M. 1989, Temple University School of Law. The author wishes to thank Professors Alfredo Garcia, Eli Lederman, and Laura Webster for their helpful comments throughout the drafting of this article.
    [Show full text]
  • Vaoig-Sar-2020-1.Pdf
    R TMENT OF VETVE TERER F I NSPECTOR SEMIANNUALSEMIANNUAL RTR T R ISSUE 83 OCTOBER 1, 2019– MARCH 31, 2020 2020: THE YEAR OF THE NURSE WITH SPECIAL THANKS TO ALL VA HEALTHCARE PROFESSIONALS U.S. Department of Veterans Affairs Office of Inspector General MISSIONMISSION To serve veterans and the public by conducting effective oversight of the programs and operations of the Department of Veterans Affairs (VA) through independent audits, inspections, reviews, and investigations. VISION To be recognized as an independent and fair voice for veterans and their families that makes meaningful improvements to VA programs and services, while being responsive to the concerns of veterans service organizations, Congress, VA employees, and the public. ToTo acachievehi eve thisthi s vision, vi si on the OfficeOffi ce of InspectorIns pector GeneralGe neral (OIG) will will x Make meaningful recommendations that enhance VA programs and operations, as well as prevent and address fraud, waste, and abuse; x Identify opportunities to promote economy, efficiency, and effectiveness throughout VA and help ensure taxpayer dollars are appropriately spent; x Safeguard the OIG’s independence, consistent with governing laws and policy; x Identify impactful issues proactively and strategically; x Produce reports that meet quality standards, including being accurate, timely, proportionate, objective, and thorough; x Act with transparency by promptly releasing reports that are not otherwise prohibited from disclosure; x Promote accountability of VA employees; and x Treat whistleblowers and others who provide information with respect and dignity, including protecting the identities of individuals who wish to remain anonymous. VALUES x Meet the highest standards of x Promote diversity, individual professionalism, character, and integrity perspectives and expertise, and equal and accept responsibility for actions.
    [Show full text]
  • Patent Medicine, Quack Cures, and Snake Oil: Why Do We Keep Falling for It?
    Patent medicine, quack cures, and snake oil: Why do we keep falling for it? Teaching American History March 2014 Cynthia W. Resor Do we still have a “patent medicine” problem? • Video • http://www.screencast.c om/t/VmN8qbM1cP • Captured parts of on- line videos (with sound) with Snag-it • http://www.techsmith.c om/snagit.html • 15 days free • $30 a year for teachers Why do we keep buying this stuff? • Many have the view the God or Nature has provided the remedies for the ailments of humans and even give clues to humans to find the right thing • Ignorance • Can’t tell the difference in proven medical practices and quackery • placebo effect • People believe it works; sometimes it has a therapeutic effect, causing the patient's condition to improve. • regression fallacy • Certain "self-limiting conditions", such as warts and the common cold, almost always improve • patient may associate the usage of alternative treatments with recovering, when recovery was inevitable 2. Why do we keep buying this stuff? • Distrust of conventional medicine • Many people, for various reasons including the risk of side effects, have a distrust of conventional medicines, the regulating organizations themselves such as the Food and Drug Administration (FDA), or the major drug corporations • Conspiracy theories • Anti-quackery activists ("quackbusters") are accused of being part of a huge "conspiracy" to suppress "unconventional" and/or "natural" therapies, as well as those who promote them • believe the attacks on non-traditional medicine are backed and funded by the pharmaceutical industry and the established medical care system for the purpose of preserving their power and increasing their profits.
    [Show full text]