"You're a nurse?? That's cool, I wanted to do that when I was a kid. What do you make?" "WHAT DO I MAKE??" I make holding your hand seem like the most important thing in the world when you're scared. I can make your child breathe when they stop. I can help your father survive a heart attack. I make myself get out of bed at 5am to make sure your mother has the medicine she needs to live. I work all day to save the lives of strangers. I make my family wait for dinner until I know your family member is taken care of. I make myself skip lunch so that I can make sure that everything I did for your husband today is charted. I make myself work weekends and holidays because people just don't get sick Monday thru Friday. Today, I might save your life. I MAKE A DIFFERENCE, what do you make?"
Thursday, November 17, 2011
Thursday, September 29, 2011
African Business Ventures
Many of my clients are involved in international business ventures. This is a reminder that you don't have much time to attend. Check their website for more information and registration: www.africacncl.org.
Here is their press release:
WASHINGTON – The African continent continues to show the world how to grow economically during one of the toughest global downturns in decades. To advance trade and investment flows globally into Africa, The Corporate Council on Africa (
A packed three-day event, the Summit will include over 32 workshops and plenaries, a trade expo and “The Vault”, a match-making program connecting projects and entrepreneurs with sources of funding. These events will highlight Africa’s most promising sectors, including agribusiness, infrastructure, energy, health, power and security.
Featured speakers include Elizabeth Littlefield, President & CEO, Overseas Private Investment Corp (OPIC); Hanna Tetteh, Minister of Trade & Industry, Ghana; Joe Oteng-Adjei, Minister of Energy, Ghana; Hage Geingob, Minister of Trade & Industry, Namibia; Bart Nnaji, Minister of Power, Nigeria; Akin Adesina, Minister of Agriculture and Rural Development, Nigeria; Erastus Mwencha, Deputy Chairperson, African Union Commission, and Susan Mboya, Group Director Eurasia & Africa, Coca Cola.
The Corporate Council on Africa is hosting on Wed., Oct. 5, a special opening gala dinner. Burkina Electric will perform their eclectic mix, and Somi will entertain with their sultry sounds. A fusion of American and African culinary classics will be served. The Summit program will be kicked off by a keynote address by one of the most senior-ranking U.S. Administration officials.
Since its inception in 1997, in Chantilly, Va., the
“The nations of Africa are experiencing one of the greatest booms in business in the history of the African continent, and the Summit showcases these investment opportunities,“ said
Attendees can meet potential business partners and learn more about the Obama Administration’s policy on Africa as well as details on the continent’s important position in the global economy. Participants will have the opportunity to network with key African and U.S. private sector and government representatives, identify specific growth areas and hear detailed information about projects that are ripe for investment. Additionally, they will learn about the latest financing options and meet numerous high-ranking African ministers.
CCA also offers country-sponsored Doing Business Forums, which delve into the trade and investment opportunities offered by specific countries. They begin with Kenya on the evening of Oct. 4, and continue on Oct. 5 with Nigeria, Zimbabwe, Ethiopia and Ghana.
Despite the current global economic downturn, African countries continue to experience above average growth and higher levels of investment across a diverse portfolio of industries. The International Monetary Fund estimates that gross domestic product in the 47 countries of sub-Saharan Africa rose 5 percent last year and forecasts growth of 5.5 percent in 2011. Hayes noted that global investment is beginning to pour into parts of Africa in amounts unimagined a decade ago. “The Summit connects U.S. business leaders with African business leaders, resulting in substantial new investment.”
U.S. Secretary of State Hillary Clinton noted at the 2009 Summit, “Today the question for all of us who care about the future of Africa is: What can be done to sustain and deepen the democratic and economic transformation that is now underway?”
Thirty-two major corporations and media organizations have signed on as sponsors for this monumental event. They represent the vast majority of U.S. investment in Africa and also include some of the largest African corporations and institutions.
About The Corporate Council on Africa
Established in 1993, The Corporate Council on Africa is a nonpartisan 501 (c) (3) membership organization of nearly 180 U.S. companies dedicated to strengthening the commercial relationship between the U.S. and Africa.
Friday, July 01, 2011
Legal Documentary
I highly recommend Hot Coffee, a documentary that recently premiered on HBO. Hot Coffee is almost painful but if you are interested in truth it begins and ends in this film. Watching this documentary will give a complete and accurate overview of the civil side of contemporary American law. We will have to await attorney Susan Saladoff—who produced and directed Hot Coffee—to do a sequel to give an overview of the criminal justice system. But for now, Hot Coffee is the only documentary or fictionalized movie I am aware of that comes close to an accurate portrayal of the real practice of law in America today—as opposed to 30 years ago.
Tuesday, May 17, 2011
Beyond the "War on Drugs"
As a veteran pharmacist and attorney, I have a different perspective on how to mitigate societal problems in the United States caused by addiction and trafficking in illegal drugs such as heroin and cocaine. My readers are sophisticated and already knowledgeable regarding issues of substance abuse and the history of efforts by law enforcement to abate the problem.
I will not waste the reader’s time cataloging the well-publicized social ills attributable to drug addiction. Nor is it necessary to remind the reader of the many positive contributions that law enforcement makes to society.
President Nixon declared a “war on drugs”, created the DEA and initiated a series of long criminal sentences for illegal drug sales and use. Wars–even metaphorical ones–are extremely expensive and our country has poured billions of dollars into building more and larger prisons, hiring more DEA agents, paying off foreign governments to try to reduce drug production, covert warfare, etc. This has been an expensive failure that arguably has created more problems than it has reduced. The “war” focuses on reducing the “supply” side of the “supply and demand equation”.
Right now a large part of Mexico is embroiled in a war between rival narcotic traffickers that threatens to spread northward into the U.S. Border agents have been caught taking bribes from traffickers. This is what we know about. Our expensive prison system is overwhelmed with inmates including a large number who are there for marijuana use. Soldiers and law enforcement officers have been injured and killed, innocent bystanders have died too.
When it became obvious that the “War on Drugs” was failing, the government doubled down by adding asset forfeiture (seizure of money and property of sellers and users of illegal drugs). It seemed sensible at the time. The rationale was that drug traffickers are willing to risk long prison terms and even execution, because trafficking in illegal drugs is so lucrative. If law enforcement could seize the money, cars, boats, houses, bank accounts, etc. of drug dealers and even simple drug users, U.S. law enforcement could finally “turn the tide in the war on drugs”. This approach of asset forfeiture has not only failed to stop drug addiction and illegal drug abuse but actually has corrupted law enforcement and harmed our society. Why?
Presently, police officers observe drug dealers for sometimes years before swooping down to seize millions of dollars in assets accumulated by the drug dealer. All the while the drug dealer is operating, customers are overdosing, there is domestic violence in families and the other ills attributable to illegal drug abuse. Why wait years or even months? One could say it is to gather sufficient evidence to make an iron clad case but that might be naïve. Since law enforcement keeps 80% to 100% of the assets seized for themselves, a reasonable person might question their motivation. The reader can just Google “policing for profit”, “drug asset forfeiture abuses” and search the net and local newspapers for many stories of innocent persons being injured and killed during drug raids.
A more insidious problem with asset forfeiture is that the police have large amounts of money, a part of which is used to buy ever more lethal firearms, tanks, stun guns, grenades, flash bangs, black ninja suits and balaclava masks, helmets, helicopters and whatever else a salesman can persuade police officers is a cool thing to have in their arsenal. I submit that the very fact that police officers possess such excessive equipment makes it much more likely that police and citizens will be severely injured or killed accidentally. And just seeing the police rolling with a tank through a neighborhood with ski masks and black outfits is an affront to a civilized society.
Google this recent true story of actor Steven Seagal and publicity hound, Maricopa County Sheriff Arpaio using a tank in a residential neighborhood to knock down a garage, killing 50 chickens because they were executing a search warrant for suspected illegal chicken fighting! And yes, this was all filmed and will appear in Steven Seagal’s “Lawman” show! You can’t make up stuff this absurd. This excessive raid frightened citizens and the rumbling tanks broke home windows! The articles mention the frightened responses of neighbors living in this quiet neighborhood. Afterwards, the people in the neighborhood were shocked, outraged and ridiculed the police. Such heavy-handed tactics do not garner respect for government or law enforcement, but rather inspire fear, followed by resentment.
My approach to reducing illegal drug abuse/addiction
The smartest way to reduce drug trafficking and the societal ills caused by illegal drug abuse and addiction is to reduce demand for the product. Enlightened police officers, citizens and health professionals who work with drug addicts are uniform in recognizing that drug abuse/addiction is a medical problem that requires extensive and expensive medical treatment to rehabilitate the abuser/addict.
Prisons do not work for addicts without a real drug treatment program. Not only do people continue to use illegal drugs in the prison but turn right back to the same drugs or worse drugs when they are released. It is extremely expensive to incarcerate drug abusers. But most of you already know this, so what am I saying that is new? Read on.
Where a person’s only crime is use of marijuana, that person should not be incarcerated but should instead be directed for treatment and if punishment is required, community service and fines are more cost effective. With regard to dangerous hard drugs such as heroin, cocaine, methamphetamines, etc. then intense, effective medical treatment is mandatory.
The problem is the people who need treatment the most, do not have the money to pay for the needed treatment. My idea is to amend the existing asset forfeiture and seizure laws to take almost all of the proceeds seized to pay for real substance abuse and addiction treatment. Law enforcement should only receive the actual costs of arrests. In no event, should any individual members of law enforcement receive money or bonuses from the asset forfeiture.
Here is why my suggested amendment makes sense for society:
· The money taken from drug traffickers and users will be used to pay for medical treatment for addicts.
· Police will not have a financial incentive or motive to abuse asset forfeiture laws for their own personal or departmental financial gains.
· Law enforcement will be freed up to pursue other criminals, in particular, financial swindles that have cost the American public so dearly.
· As the number of abusers and addicts are reduced through effective medical treatment, the demand for the illegal drugs will be reduced and reduce the power and violence of narcotic traffickers.
· The number of people incarcerated and the expense to the taxpayers will be greatly reduced and there will be space for Wall Street swindlers to occupy in prison.
· Law enforcement officers and special op soldiers will have less need to put their lives in danger facing narcotic traffickers in foreign countries and at home.
· The reduction in the military style raids in neighborhoods will reduce accidental injuries and deaths to innocent bystanders as well as to repair the image of American law enforcement. No people in any country in the world has respect or loyalty to a regime where its police act violently and aggressively to its own citizens.
In summary, the law of supply and demand is primal. Since we cannot reduce the supply of illegal drugs we should try to reduce the demand.
Wednesday, February 23, 2011
RxNT.com Prescriptions
I never get bored with law practice. Something new always comes my way. Recently a client had an insurance company deny a certain number of prescriptions because the prescriptions were faxed to him by a company called RxNT. RxNT is probably not the only company doing this, but essentially they contract with doctors to handle their e-prescribing. The doctor apparently e-mails a prescription to RxNT and that company sends a facsimile of the prescription including controlled substances to the pharmacy. This presents a question of legality that I wanted to warn you about. While following this procedure does not present an issue with regard to non-controlled substances, it may be illegal according to DEA regulations when this facsimile is used for controlled substances. CFR Section 1311.170(f) states:
An electronic prescription must be transmitted from the practitioner to the pharmacy in its electronic form. At no time may an intermediary convert an electronic prescription to another form (e.g. facsimile) for transmission. (Emphasis added)
According to feedback, RxNT is quite active in this area and there are other companies doing this. I have contacted the DEA and reported this company’s activities so that they might investigate and hopefully have the company make changes so that pharmacists aren’t hurt. Doctors probably won’t be hurt by this practice, however, a pharmacy will be hurt because an auditing insurance company will have a justification to disallow the prescriptions for controlled substances and cause a potential for a large chargeback.
Clearly, this problem necessitates an emergency meeting with State and Federal authorities, pharmacists, and insurance companies to resolve this issue.