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DR RICHARD CHARLES NORTON MD - OXYCONTIN SCAM PURDUE PHARMA - US AND IRAELI COLLABORATIVE CRIMINAL DRUG RING & OXY SCAM DRUG WARS !! DOCUMENTS OF PROOF FOR THREE ADMINISTRATIONS OF GUILT TO INDICT ! September 01, 2008


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It appears that we have created quite a 'stir' already from our August 27, 2008 discussion on Gonzales? $5.2B OxyContin Scam, involving Judge Jones. Your NutriMedical program must have a lot of listeners.

I would like to thank someone for posting Judge Jones? November 14, 2000 decision to deny me a new trial. This is a recent posting, since my disclosures of how the government targeted pain management physicians, concurrently with dumping OxyContin on the streets.

I will briefly summarize the ?power points? and leave further discussion to your future programs, next one being September 2, 2008, between 4-6pm EST.

1) As Judge Jones acknowledges, all the convictions were based upon one allegation of a kickback

2) Jury instructions originally contained the language of the ?Stark anti-kickback definition which was deleted after the trial when the jury found out who the government was protecting. I will scan and email you a copy of the illegally altered jury instructions today. I will also scan and email a copy of the letter written with a 39 cent pen from prison that destroyed the $5.2B OxyContin suit. (My motion describing addiction as an obsessive compulsive disorder was sent to Judge Jones? court in February of 2002. It can be obtained in 2:01cv0008WDVA, A.F. McAulley et. Al. v Purdue Pharma LP et. Al.).

3) Convictions were upheld based upon the testimony of : a) Administrator, Mr. Davis, b) Chairman of the hospital?s board, Dr. Shelburne, c) IRS Agent Phil Barnett, and c) Expert witnesses.

4) Mr. Davis? recantations have already been provided to you. It should also be mentioned that my agreements with Mr. Davis were based upon percentages without prior knowledge of how much we would make (or lose.) A decision to uphold a jury decision based upon the fact that he thought my payments (NOT PERCENTAGES) to Davis were too high, is punishing me for the crime of being too successful. It should also be noted that all of the profits [and then some] from these ventures were invested back into the community, as the rural health designation, established by the government really desired in establishing the program.

5) The government already had/has the financial documents demonstrating the false testimony of Dr. Shelburne--claiming that I handed over the directorship check to Mr. Davis. I significantly reduced Davis? pay when he underperformed?something I would not have done if his pay was based upon obtaining contracts with the hospital, I already had those contracts. Dr. Shelburne is now serving time for Medicaid fraud on another, unrelated charge.

6) IRS Agent Barnett?s testimony that I paid Davis to be paid was out of context and did not constitute a kickback. For a period of time, there was contention between myself and my codefendant Davis and I did withhold up to one third of the total amount of money agreed upon, if he had performed as I expected. This is action completely inconsistent with the alleged charge of a kickback scheme. I already had the contracts at that time. This withholding of payment to Davis, was after a period of time when his wife?s cancer had recurred and she subsequently died. (I had not known also that Davis had actually joined a group of board members, owning other clinics, in competition against me. Those clinics poor performance were most directly connected to the hospital?s eventual financial ruin. This action, for Davis to change his performance within our agreements, would have also been the will of the board members). Davis contested that had the clinic actually been sold to a different hospital, he would not have been obligated to perform anything and still entitled to collect his previously agreed upon amount. At that time, he was withholding my payments from the hospital to strongly posture his perspective on me. While I acknowledge his perspective, I felt that he should have continued to provide additional services because of his failures during his wife?s illness and eventual death (and because of our then precarious situation that could appear as a kickback).Prior to my second agreement with Davis, to establish a rural health care clinic. I obtained a verbal quote with another health care consulting company, Sun Health, to do the same thing Davis was to do for me. I would have had to have paid $200K to $250K for their assistance to establish the rural health designation. Davis and I agreed that he would be paid 1/3 of the net profits. You must consider the fact that after professional fees, there is not much profit. No one else would consider doing this for that low of a percentage. Our costs were audited multiple times and found to be at or below competition.

7) IRS Agent Phil Barnett?s ex parte (secret) testimony at the grand jury is what led to my indictments. His name was not on the original grand jury list nor was his testimony found in the discovery until an associate of mine disclosed the fact that he knew of his testimony. Attorney Bob Bittman demanded AUSA Bondurant release his testimony. I challenge anyone to find a witness at the grand jury that told the members of the jury that I had an illegal financial kickback association with my codefendant prior to my indictments. After my indictments were disclosed and I was arrested and Bob Bittman (the same AUSA that questioned Clinton at the grand jury for Ken Starr?s investigation) forced Bondurant to hand over the testimony of Barnett, AUSA Bondurant sent Dr Shelburne, who was embezzling from the hospital with gratuitous contracts with his radio station, told the jury that there may be some association between myself and Davis. There was and he was fully aware of it-it was legal.

8) IRS Agent Phil Barnett also with held important documents that point directly to my affirmative defense and the government?s involvement in the cover up. See board meeting notes.

9) The IRS Agent Barnett?s and AUSA Bondurant?s discovery of the board?s notes documenting Judge Jones? partner, Challen Walling?s scheme to destroy the tapes that demonstrate the board ratified my contracts with the hospital caused [then] US Attorney Crouch to contact US Attorney General Reno for advice. Reno provides nod for Judge Jones? (Clinton?s appointee) cover up to continue. (I?m also informed that Clinton [Hillary or Bill?] was briefed of the situation.

10) The only other expert witness than the government?s own Bruce McKee, who has since provided an affidavit in support of my association with Davis, is Oscar Aylor. Aylor was an interim administrator that the board hired at over $300k per year to destroy documents along with Judge Jones? former partner Challen Walling. Aylor, like Dr. Shelburne, was a key figure in the government?s assistance to Judge Jones? obstruction of justice scheme to protect his buddy, Judge Fugate, and Sr. Federal Judge Williams? brother in law, CB Slemp.

11) US Rep. John Conyers, (Clinton supporter) refuses to investigate Judge Jones to this date. This allows Gonzales? living the American Dream? to continue. (Gonzales resigned immediately after Judge Jones failed to order the $500M from the Purdue Pharma resolution to go to the pain management addiction foundation.

Anyone may contact me directly by email, or call on your programs to ask any question they desire regarding the government?s distribution of OxyContin via Mossad/Dixie Mafia/Drug Task Force connection and the scam case that Mukasey and Schumer work overtime to continue the cover up on.


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>HOUR TWO AND THREE SPECIAL -- DR RICHARD CHARLES NORTON MD --- OXY SCAM US - ISRAELI - PURDUE PHARMA OXYCONTIN DRUG CARTEL AND THE OXY SCAM WAR ON DRUGS !


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Subject: Virginia Medical License


Terry,

I am in receipt of a notice from the Virginia Board of Medicine requesting that I pay the next year's license fee and the board will set up a compliance committee meeting with me [again] without suggestion of a specific date.

As you are fully aware, President Steve Heretick interpreted the motion to limit by Assistant Attorney General Clay Garrett, as including not allowing the board to have access to their own investigative review. Steve had not told me that this would be the case.

During my sworn testimony to the board, I had limited the disclosures of the heinous actions of the prosecution, before and after the hospital trial and failed to include the long time period of research involved in my defense of the new model of addiction in the $5.2B OxyContin case. The board had many questions regarding the hospital case and I was in a bind as to what I felt I could present.

As a result, the board neither had complete information to the fact that my prevailing in the $45M civil suit actually demonstrated that the prosecutor knew that I was innocent prior to my trial. I also did not get the opportunity to share with them the impending $600M resolution. Though a copy of the $600M fax present in the investigation book.

This also supported the government's recognition of my affirmative defense in the hospital case as well as its desire to establish the $500M foundation based upon the fact that my new model of addiction really provides the basis for moving forward with a productive foundation that will benefit society, physicians, and law enforcement in the understanding of proper pain management and addiction prevention and treatment.

Subsequently, the board essentially supported the convictions with one of the restrictions that made me comply with the court ordered supervised release. This made an untenable situation as far as being able to obtain malpractice insurance--resulting in me not being able to practice.

The board also failed to hear the fact of how much research was involved with the model of addiction. While observational research only took a few months in regards to connecting the addiction to the OCD component, additional months of reading was required in biochemistry to understand the OCD/affective disorder associations.

This is now accepted as the scientific and legal definition and the standard of care is now to concurrently screen and treat the OCD patient while providing pain management. King Pharmaceuticals Executives, about to release their new product, "Remoxy," have acknowledged such.

While I am thoroughly disappointed in Steve's assistance to the whole OxyContin fiasco, resulting in a slowing of the process to establish the foundation and its fruits, I am now also confronted with the fact that he refuses still to allow the board to have the disclosures still to assist us in establishing the foundation that members of congress had originally requested.

NOW, I must ask why it is necessary for me to appear before a compliance committee. If the board truly desires to correct its actions, as far as granting me an unrestricted license. I perceive no reason why it can not do this now and just tell me to pay my fee.

I am requesting that you contact Steve and discuss this high profile matter with him. You might remind him of the fact that in ten years of practicing emergency medicine, I was never named in a suit. I know of no other physician in that situation. I would also like for you to remind him that Jennifer Baker, the board's investigator brought my pain management protocols before the board in 1997, and that the board adopted them, en banc, as their own.

You might also remind Steve that I not only prevailed in the $5.2B case with the new model of addiction but was examined exhaustively by both the plaintiffs' and Purdue Pharma's counsel and no one could contest my knowledge of proper protocols THAT I MYSELF ESTABLISHED (emphasis added.)

In those times, their were no "go by" protocols. It was I that researched sleep studies to recognize that pain management was improperly conducted by physicians using short acting opiates and muscle relaxants at night, resulting in pain syndromes.

Steve should also be reminded that not one patient alleged that I misused my prescription privileges.

Thank you. Rich


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Senator Webb,

I have been invited to go to the Mark Warner rally in Whytheville this week. I have to admit that I had wished some would have resolved the Judge Fugate/Judge Jones/OxyContin matter prior to Mark's announcement to seek the Senate position.

While attorney general of Virginia, Mark, kin to Judge Fugate, refused to investigate even the death of the witness they killed while incarcerated in this matter. Of Course, so did Ashcroft, and Gonzales, and Mukasey (and President Bush. But we know why for all that.).

I suppose this only demonstrates how shameless politics becomes. But, why can't Julie Dudley at least release the $50M she owes me. Did you politicians steal even that? Is US Attorney Dudley that obligated to support political rogue like Giuliani?

It now appears that Dudley desires more to protect the criminals and for the OxyContin money to flow into political coffers than to assist at least the establishment of the $500M pain management addiction prevention foundation that was to be funded by the $634.5M from Purdue Pharma.

Could you get back with me on this? Rich


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Senator Webb,

Why would Mark Warner want to cover this up?

I would like you to review some of the things in the "OXYCONTIN CARTEL US - IRAELI PURDUE PHARMA " attachment, including:

1)the transcript of the telephone conversation that includes the confession of my codefendant,

2)the Memo of Monroe Jamison recaping Davis' affirmation that the transcript was true,

3)the affidavit of the government's own expert health care witness, Bruce McKee,

4)the documents of the LCCH board verifying that Judge Jone's partner was destroying the tapes of the board in which my contracts were ratified,

5)the debreifing of Davis--note on 00081, he discloses that the board knew of his association with me, yet the trial transcripts statements of AUSA Bondurant include him lying to the jury to just complete Judge Jones' and Challen Walling's cover up. Note also that his taped explanation of how he was forced to call it a kickback is corroborated by the debreifing.

(This is being posted on Internet Radio sites around the world now. Ask yourself why Steve Heretick supported these rogues. How Does USA Julie Dudley look in the mirror?)


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OXYCONTIN DRUG CARTEL JUDICIAL PLAYERS:

--------------------------------------------------------------------Judges---------------------------------------------------------------------------

Judge William Fugate.

VA State Circuit Judge. Center of Feds' cocaine hub in Lee County Va.
Friend of VA State Sen. James Parker Jones. of Bristol, VA. Will form partnership with son, Charles Fugate (Board Member and one time Chair of Lee County Community Hospital [LCCH]) and James Davis, CEO, COO of Lee County Community Hospital. Partnership is called "Commonwealth Capital." (CC). CC will establish medical equipment leases with LCCH at 30% interest. When leases "expire," board, rather than reamortize or "buy out," will approve continuation of leases at 300% (in 1998.) When rumors of investigation circulate, Judge Fugate has his name taken off the charter of CC, and replaced with his wife's maiden name, as if she was the actual third proprietor.

Judge Glen Williams.

SR. Federal Judge WDVA, Close relationship with US State Department--does many favors (like signs orders at 2 am for special ops, etc. Got nomination assistance from family relationship, US Senator C Bascom Slemp. Judge Williams is brother in law to CB Slemp (Son?) of C Bascom Slemp. CB Slemp also has similar medical equipment lease scheme partnerships with James Davis and Charles Fugate.

Judge Glen Conrad. Federal Magistrate Judge Glen Conrad (WDVA) will preside over predipositive decisions in my 2255 habeas petition (appeal,) written by Charles (Chili) Clyburn, brother of US Rep. Jim Clyburn (now House Maj. Whip.) Orders copies to Attorney General Ashcroft. White House [Counsel--Gonzales] removes him from case by promoting (nominating) him to full federal judge--expedited by Orin Hatch, then Chair of Senate Judiciary Committee. Judge James Parker Jones will then refuse to recuse.

Judge James Parker Jones.

Federal Judge (WDVA) presides over the LCCH case. His firm's partners Challen Walling and William Eskridge from PennStuart, Abingdon Va, will play key roles in cover up of LCCH case and Pudue Pharma's OxyContin case. Former partner, Challen Walling will be LCCH's attorney during federal investigation. Walling directs LCCH Board to destroy tapes of meetings that demonstrate that LCCH Board ratified my contracts. Also alters severence aagreement to imply I embezzeled $186K from LCCH. William Eskridge, Counsel for Purdue Pharma (Makers of OxyContin) will play role in cover up of OxyContin fiasco.

Friend of Judge William Fugate. Jones is nominated by Clinton in 1996 to federal bench. Will preside over my LCCH case, $5.2B OxyContin case and $634.5M OxyContin resolution. He also presided over proceedings re my pention money. This is time Gonzales, as WH Counsel engages. Communicates with AUSA Sharon Burnham to continue cover up of Judges' LCCH cover up. Makes my ex beg to keep pention money while I'm in prison.

Judge William Stone.

Federal Bankruptcy Judge. Presides over LCCH bankruptcy when hopital was sold to HMA Inc. and $45M Qui Tam (whistle blower claim was being processed.) LCCH sells for $14- $15M more than the legitimate credtiors were owed. US Attorney Brownlee allows Judge Fugate and CB Slemp to clean out overage as legitimate creditors. Also takes $800K from money to pay for "fines." This was deal to Administrator Davis to get him to shut up from all his confessions (3) to me.

Federal Fourth Circuit Judge Karen Williams (now chief justice) wrote decision to direct appeal in 2001, partial affirmation, partial denial. She agreed that i had no knowledge of the criminal activity at LCCH, and vacated the conspiracy to racketeer charge, because the fact that I knew the hospital, the "criminal enterprise," existed, could not make me guilty of conspiracy to racketeer. She upheld other convictions (all based upon one allegation of a kickback) based upon one testimony--Davis.) She misinterpreted the (wrong) safe harbor that my counsel had provided (that Jones would not allow in th jury instructions,) stating that I had not complied with it anyway. She would deny my complaint against Jones, without contest--just dismissed it. (See: Complaint against Judge Jones).

------------------------------------------------------------------Prosecutors-----------------------------------------------------------------
Medicare Fraud Agent Greg Wood
Began investigating me in 1997 for "prescription fraud" in association with pain management clinic. This was prior to written directives from United States Attorney Generals (as far as I know.) Eventually took me through 3 grand juries, without obtaining an indictiment. After the trial, during the contesting of the $45M qui tam, Attorney Jennifer Culotta, obtained an affidavit from a former employee to the effect that Greg had given up on prosecuting me for prescription fraud and was offering money through the qui tam for any information re Medicare Fraud. Another employee meade up a bunch of stuff, all thrown out, and never charged for. BUT, one of the allegations was that the PPA that I established under my Occupational Medicine program, with the assistance of James Davis, the administrator as my subcontractor, had illegally waived Medicare copays. This was proven not to be the case as well. however, the $45M qui tam was filed and sealed prior to my trial and I was held responsible because Davis was my subcontractor. (At trial, when the prosecutor's arguments fell apart, he forced Davis to claim that he was not my subcontractor, but worked on the PPA because he was the administrator. Davis acknowledged in the tape recorded telephone call that this was also a lie when, at my trial, he said he did it as the administrator.)

IRS Agent Phil Barnett
Led Financial investigations in IRS, Medicare, Medicaid, Rural Healthcare, and Virginia income tax audits. Nothing found. IRS Agent Barnett would go to the grand jury and claim I had a kickback with Davis. His was the only testimony claiming anything as such. (After my indictments, Board Chairman, Dr Roy Shelburne, was sent back to the GJ and said something to imply that I had some financial situation with Davis. Barnett's name was not on the original list of witnesses, nor was his testimony found in the discomvery documents. I only knew of his testimony because one of the witnesses had told me that he was there. Against the advice of my attorneys, I forced the government to give his testimnoy to me. He would testify at the trial. But, his testimony wasn't used in the decision to uphold the decsion of the jury.

AUSA Thomas Bondurant

Hired as clerk to Judge Williams then hired as AUSA, his first big case was US V MacAffy. This was overturned in the Supreme court because he was sleeping with Lynn Jackson, one of the jury members. Bondurant it now "Chief, Criminal Division." Tried to set me up in conspiracy to assasinate him with use of David Tignor. See complaint against Judge Jones.

FBI Agent Snapp.

First grand jury investigation in 98 with AUSA Randy Ramseyer. I found out about this and insisted that I talk to him and Ramseyer. Spent about 4 hours in interrogation withou attorney. no indictment. They knew of financial association then with Davis as part of investigation. Snapp refused to sit with prosecution in LCCH trial.

HMA Inc. Healthcare Management Associates, central office in Florida. Purchased LCCH in 2001, during bankruptcy proceedings. Continued cover up by assuming fraudulent medical equipment lease deals (Medicare Fraud) to assist cover up. Sold LCCH to Wellmont in 2007 under pressure from me. I was suppose to pay them the $800k in fines ordered by Judge Jones.

LCCH hospital in Lee County, VA. (You really must read the complaint against Judge Jones to get the context of this controversy. This context is also written in the "Objections to the PreSentencing Investigation" (PSI) in US v Norton, 2:99cr10078WDVA.




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GUILIANI AND THE RNC FOR MCCAIN - CRIMINALS IN POLITICS "POLY-TICS" - BLOOD SUCKING INSECTS OF THE GLOBAL ELITE:

I see that Rudy Giuliani, the OxyContin Don, has captured the Keynote Speaker spot for McCain. He's the guy that kept the OxyContin flowing out of Israel and onto our streets in the US.

Your son works for Giuliani, doesn't he? Well, Mike you don't want to prosecute Giuliani, but you haven't demonstrated that you are going to do anything to make this right.

Could you at least call that "political drug fraud" and not "prescription drug fraud?" That is technically and more politically correct. Physicians are tired of taking the blame for what the Drug Task Force and Mossad do Mike.

Worse still, you target pain management physicians--take them off the streets in any and all possible means--to get rid of the competiton. You never set up the $500M pain management addiction foundation, or paid me the money you owe me.

No, you let Giuliani/Gonzales steal the resolution money! (Please open attachments--see Fax to Terry Kilgore, October 22, 2006.).

You crown rogues like Giuliani that get the most money for the politicians through "interdiction." (That's another euphemism for selling drugs on the street--isn't it? That's where most of all the $634.5M went to, didn't it? That made a ton of money of more for the politicians, didn't it?).

Mike, I hope you're proud of your accomplishments. But, I think your mother might be disappointed. (I think Reverend Wright was correct about some things Mike).
United States Court of Appeals for the Fourth Circuit

Case: 07-9069



Petition for Judicial Review of Order Dismissing Complaint, Richard Norton M.D., Complainant



Petition for Review by Judicial Counsel of Chief Justice Karen Williams? ORDER dismissing complaint against Judge James Parker Jones, for conduct prejudicial to the effective and expeditious administration of the business of the courts

I, Richard Norton, Complainant, appear pro se by this notice of complaint and petition, as allowed by Rule 6 of the ?Rules of the Judicial Council of the Fourth Circuit Governing Complaints of the Judicial Misconduct and Disability,? the Fourth Circuit Judicial Counsel for review of Chief Justice Karen Williams? ORDER in 07-9069 of October 11, 2007, dismissing the judicial complaint against Judge James Parker Jones, Chief Justice of the Western District of Virginia.

Judge Williams errs in dismissing the aforementioned complaint.

The decision did not contest the facts that Judge Jones did create jury instructions that made it technically impossible for the defendant (me/complainant) to be found innocent of the alleged counts in US v Norton (2:99CR10078WDVA;) and, that Judge Jones did , after my trial, illegally alter those jury instructions.

But decision fails to acknowledge the facts that, to a reasonably objective observer this action demonstrates a lack of impartiality and or prejudice. Judge Jones? heinous actions assisted Judge Jones? friend and former partner, Challen Walling, of Judge Jones?s former law firm PenStuartJones, and Walling?s clients in ongoing illegal activities.

Judge Jones violated Federal Civil Judicial Procedure and Rules, section 28, subsection 455 (b)(2). This describes the judge?s obligation to recuse as the rule states in part:

?He shall recuse himself in the following circumstances: Where?a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, OR THE JUDGE OR SUCH LAWYER HAS BEEN A MATERIAL WITNESS. (Emphasis Added).

This rule does not mention any need for that associated lawyer that is also a material witness, with whom the judge previously practiced to have been indicted for such actions involving his material witness.

Facts

In Fall of 1998, AUSA Thomas Bondurant Jr., Prosecutor, publicly disclosed his intention to investigate financial matters concerning Lee County Community Hospital, LCCH, the hospital I served, in response to the region?s citizens? request. It was alleged that there were Executives of LCCH that were illegally profiteering from LCCH and that this led to LCCH?s cash flow crisis. That personally affected many of the community?s citizens and compromised the care received from LCCH.

About this same time, LCCH?s Attorney/Board Member, George Cridlin, retained Attorney Challen Walling of PenStuart . Just over two years prior to this time, at PenStuartJones, Walling was a partner with his friend [then] Attorney James Parker Jones. Judge Jones would preside over this controversy?s court proceedings.

In AUSA Bondurant?s investigation of the LCCH financial crisis, records are obtained with Walling documented being a material witness to this matter. Walling was in attendance at LCCH?s board meetings in which he attempted to rationalize to the LCCH board the continuance of egregious contracts in which present and former board members illegally profiteered from LCCH; and, in which it was discussed that there was intention to destroy tapes of former board meetings? documentations.

AUSA Bondurant?s grand jury investigation revealed that LCCH?s former Chair, Charles Fugate, and the Administrator of LCCH, James Davis, were embezzling from LCCH by means of a medical equipment company that leased equipment to the hospital at rates exceeding 300% interest.

Later investigation of AUSA Bondurant revealed that Charles Fugate?s father, Judge Fugate, was a co-owner of one of the companies that were used to embezzle money from LCCH but Judge Fugate had his name replaced with his wife?s maiden name on that company?s charter just prior to the grand jury investigation.

This same grand jury also documented that LCCH Board Member C. B. Slemp, brother in law to [now former] Sr. Federal Judge Glen Williams, also had a company that was doing the same thing. Slemp?s partners were Charles Fugate and the Administrator, Davis. These contracts were all entered into while these parties (Except Judge Fugate,) were active Executives for LCCH.

Bondurant?s further investigations disclosed that Slemp, Fugate, Davis, and LCCH Attorney/Board Member George Cridlin were also profiteering from LCCH through their business associations with some of LCCH?s rural health clinics. In fact, the poor financial performance of their clinics was the single most significant cause of LCCH?s financial distress.

Bondurant?s debriefing of Davis also revealed that Attorney Cridlin would take from LCCH a 30% off the top fee for collections on accounts receivables that no good effort to previously collect had been made.

AUSA Bondurant served Judge Glen Williams as a Clerk, prior to becoming an AUSA. In another high profile case including Bondurant as one of the prosecutors, the defendant had the case overturned by the Supreme Court because it had been disclosed that AUSA Bondurant had been romantically involved with one of the jurors in that case.

AUSA Bondurant would not indict or even publicly mention Challen, Cridlin, Judge Fugate, or Slemp for their illegal actions and roles in the LCCH?s Executives? obstruction of justice; and, use of me as their scapegoat.

At my trial, Judge Jones would rule not to allow Davis? indictments to be disclosed to my jury. Davis? indictments disclosed Challen Walling?s clients? illegal actions with Davis.

Walling was also a further material witness and coconspirator in this matter in his assistance to LCCH?s Executives? cover up scapegoat scheme. Concurrent to Bondurant?s Grand Jury proceedings in which his witness, Earl Savage, is testifying to Judge Fugate?s [then] 300% interest on his medical equipment lease deals with LCCH, Walling is documented as having illegally altered my severance agreement with LCCH.

After my trial, in the PSI report, Bondurant used this illegally altered severance agreement to allege that I had embezzled $186,000 from LCCH. Had other documents not been available to undermine this illegal alteration, one could have been led to conclude the allegation that I had embezzled was correct.

Bondurant did not attempt to prosecute me with this allegation, only add to the fines and penalties after Judge Jones? jury instructions provided no technical possible means of me being innocent from Bondurant?s one allegation? my financial transactions with Davis for which Judge Jones would not allow a safe harbor defense.

AUSA Bondurant did indict Charles Fugate and Davis for their illegal actions. Judge Fugate had his name removed from the charter of the medical equipment company and replaced with his wife?s [maiden] name. Judge Fugate would continue to collect on these [then 1000% interest] leases for years after Bondurant?s discovery.

AUSA Bondurant had his IRS Agent, Phil Barnet go to the grand jury and testify that I had a kickback association with the Administrator. AUSA Bondurant did not include Barnett?s name or testimony on the original grand jury documents for my discovery.

There was no other grand jury witness that testified prior to my indictments, that I had a kickback association with Davis. No other witness that testified as to any other allegation appeared to testify at my trial.

AUSA Bondurant indicted me on several counts, all predicated on the one allegation that I had paid the Administrator, Davis, kickback/bribe money in order to obtain contracts from LCCH.

AUSA Bondurant?s debriefing of the administrator disclosed that the board members were aware of my association with the administrator.

AUSA Bondurant did know that Davis, the administrator, had a consulting contract, not an employee contract with LCCH that allowed Davis to personally participate in LCCH?s contracts.

AUSA would never challenge the legitimacy of Davis? agreements with LCCH to act in such capacity.

AUSA Bondurant withheld from my discovery, prior to the trial, his bate stamped LCCH records, documenting Walling?s participation at the board meeting mentioned above, including the fact of the board?s intention to destroy documents that could demonstrate the board?s knowledge of my financial contracts with LCCH that utilized the administrator as my subcontractor in my assumption of my obligations to LCCH.

At the trial, Bondurant would allege that the board had no knowledge Davis? personal association as my subcontractor in my contracts with LCCH.

AUSA Bondurant?s grand jury witness, Dr John Staley, testified that he received 80% of professional fees for only staffing physician coverage in Emergency Departments at the same time that my contracts with LCCH charged only 65% to staff physicians, develop and manage an industrial medicine program and preferred provider association (PPA) within my emergency room contract. This 65% included what I paid Davis for his duties as my subcontractor to manage the PPA.

Prior to the trial, AUSA Bondurant filed for a motion to limit disclosing to the jury how profitable my services were to LCCH.

At the trial, I produced documents from medical business journals that demonstrated that my payments to Davis were in line with the market rates.

Prior to and during the trial, AUSA Bondurant alleged to the media and to the jury, that Davis and I were the ?Grand Daddy?s? that bankrupted LCCH.

In review of the objections to the PSI, that alleged I caused over $3M in losses to LCCH, the financial documents demonstrated that my services were profitable to LCCH and the court determined I caused ?0? loss to LCCH.

Judge Jones did author jury instructions that made it technically impossible for me to be found innocent. He did this by using a Stark definition of a kickback without allowing for inclusion of Stark Safe harbors. As a physician, this made me technically guilty if I had any personal business association other than salaried remuneration, with any medical encounter with which I participated.

After the trial, I disclosed to the community, still suffering from the financial woes of their region?s largest employer and affected by Walling?s obstructions of justice, Judge Jones? jury instructions. Judge Jones [then] illegally altered them when one of my patients went to the court to obtain them. He received the redacted copy and disclosed this to me. My attorneys refused to assist.

Review of the transcripts verifies that Judge Jones interrupted Davis? testimony on multiple occasions and would rule not to allow the jury to review Davis? indictments that disclosed Charles Fugate?s and CB Slemp?s role as the parties, whose actions did bankrupt the hospital.

My attorneys assisted Judge Jones? interruption of Davis? testimony and argued not to allow disclosure to the jury Davis? indictments. Those indictments did reveal Attorney Fugate? and CB Slemp?s association to Davis in his embezzlement schemes with Judge Fugate.

My Trial Attorneys provided the wrong Safe Harbor to the Stark Anti-Kickback law to me and to the district court. Prior to the direct appeal, I found the correct safe harbors but my attorneys continued to quote the wrong safe harbors. The direct appeal decision misinterpreted the amount of compliance necessary for safe harbors. Attorneys failed to request hearing en banc.

My attorneys brought no health care expert witness to the trial to defend my agreements with Davis. After the trial, while I was incarcerated, I obtained an affidavit from the government?s health care expert witness at the trial. He acknowledged in that affidavit that my agreements with Davis were reasonable and that my attorneys failed to even give him the opportunity to testify to such.

My attorneys failed to produce the available evidence to refute perjured testimony of LCCH?s Chair, Dr Roy Shelburne. Shelburne testified that I merely turned my directorship check over to Davis. The financial documents available demonstrate that this was not consistent with the facts. Davis received one third of the net profits from one program. He received less when he underperformed.

AUSA Bondurant?s grand jury investigation, and other pretrial debriefings of Davis also disclosed Dr Roy Shelburne, Chair of LCCH?s Board (and client of Wallings) was also embezzling through egregious contracts with his radio station. Dr. Shelburne was never indicted for that.

Approximately two months prior to the trial, AUSA met with Davis to receive his plea. In that debriefing document, Davis acknowledged his illegal actions of the above mentioned persons, but continued to defend his association with me as a legitimate business association. Later in the document, Davis would claim his association with me was a ?kickback.?

No further documentation is made in that debriefing explaining how it was a ?kickback.? Davis, Slemp, Cridlin, the Fugates, and other LCCH Executives would not be prosecuted for their embezzling from LCCH. (Davis had all his indictments related to his action with the LCCH Executives dismissed in return for his assistance. Charles Fugate was charged with one count of mail fraud).

Davis? debriefing does disclose that board members were aware Davis? agreement for business consulting association with me. LCCH?s accountant actually provided personal tax accounting services as well for Davis and me. He knew the amount Davis was being paid for his work as my subcontractor.

Two days after sentencing, I obtained a recording of a telephone conversation between Davis and me without Davis being aware of the fact that he was being recorded. This recording is admissible as evidence under the exception to hearsay subsection in the rules of evidence because Davis was an adverse witness against me at the trial and Judge Jones ruled that Davis could not come back to court to testify because he was afraid to appear due to the untimely death of his daughter?s boyfriend.

After the disclosure of the tape recorded telephone conversation between Davis and me, Davis? daughter?s boyfriend was killed?while incarcerated.

This ?boyfriend? of Davis?s daughter was central to Bondurant?s coercion of Davis? change in relation to his testimony regarding his association with me from supporting to adverse. Davis could never explain how our business association was a kickback. He would only testify; ?It was a kickback, I guess.? In that tape recorded telephone conversation, Davis disclosed significant misconduct involving the prosecutors of the case.

When I asked Davis why the prosecutors wanted me, Davis recalled that the reason the prosecutors communicated to him that I was prosecuted because of my association with Purdue Pharma?s OxyContin. I was a lecturer in Purdue Pharma?s ?Partners Against Pain? series.

Medicare Fraud Agent Greg Wood not only failed to prosecute Walling?s clients, he allowed their fraud to go on for years after his discovery. Agent Wood assisted with the Walling?s, Jones,? and Bondurant?s cover up/scapegoat scheme. Walling?s clients illegally benefited.

Other documents produced in an associated case, a $45M qui tam, by the investigating Attorney Jennifer Culotta of Culott&Culotta, demonstrate that the Medicare Fraud Agent Prosecutor, Gregory Wood, used me as the scapegoat because he had desired to prosecute me for advocating OxyConin with Purdue Pharma. But there was no issue for such a prosecution so he began to disclose his intentions to my employees that he would attempt to prosecute me on Medicare charges if it were possible.

In that tape recorded telephone conversation, Davis admitted that the money I paid him was not kickback money but that he had to say this to protect his daughter. Davis acknowledged he performed those duties because I paid him as my subcontractor to do those duties.

In further review of the tape recorded telephone conversation between Davis and me, Davis goes on to explain how Bondurant coerced him to change his testimony by threatening his daughter with prosecution because her boyfriend had been caught with contraband in her truck, registered in Davis? name.

At my trial, AUSA Bondurant first told the jury that all my agreements with Davis were only fronts to protect embezzling. Later, after evidence was provided to the jury that Davis did perform those duties at a reasonable rate of pay, Bondurant would have to attribute the services Davis performed for me in his subcontracting responsibilities to me for LCCH were actually performed for Walling?s clients.

In the associated $45M qui tam case, (2:99CV0009WDVA,) filed and sealed prior to my trial with the knowledge of the prosecutors in my case, I was held liable for alleged actions that Davis did as my subcontractor. Davis was my subcontractor in two very financially successful programs. One used a preferred provider association (PPA) within my industrial medicine/emergency medicine contract.

After a thirty-three month investigation of the qui tam by USA John Brownlee; it was determined that Davis had not acted illegally as my subcontractor. No money was paid in relation to the qui tam claimant?s allegations regarding me or Davis? role as my subcontractor in my responsibilities to LCCH. It was determined to be a ?false claim, a nuisance suit.?

At the trial, after it was acknowledged that Davis could legally act as a subcontractor to me, after acknowledging that Davis did perform these duties, after acknowledging that I provided documents demonstrating the reasonableness of the amount that I paid Davis, AFTER BONDURANT KNEW DAVIS PERFORMED THE PPA SERVICES AS MY SUBCONTRACTOR (emphasis added) Bondurant led Davis on the witness stand to claim that he did not perform his duties in the preferred provider association as my subcontractor, but as an assumed obligation to Walling?s clients as the administrator of LCCH.

AUSA Bondurant and Medicare Fraud Agent Wood allowed Judge Fugate and CB Slemp to go on collecting money as legitimate creditors to LCCH even after my trial, during LCCH?s bankruptcy proceedings. At that time, the interest on their medical equipment cost the hospital over 1000% in interest.

HMA Inc., the company that purchased LCCH during the bankruptcy proceedings assumed those fraudulent lease deals and committed Medicare fraud by submitting these bogus costs on their cost reports. Approximately three years after HMA Inc. purchased LCCH, the $14M overage from the sale of LCCH was gone and HMA Inc. then acknowledged these leases as poor business choices.

Until June of 2007, I was forced by Judge Jones? order to pay fines as restitution to HMA Inc. a total of over $800,000. This was the amount beyond what Judge Jones considered ?reasonable? that Davis earned from his subcontractor duties to me over a period of eight years.

US Attorney Brownlee continues to collect fines from me despite that the investigation of the $45M qui tam demonstrates that AUSA Bondurant had knowledge prior to my trial that Davis was my subcontractor, that his fees to me were reasonable, and that the board of LCCH knew this.

In a related matter, USA Brownlee obtained $634.5M in fines from Purdue Pharma because of their furtherance of this scam with Judge Jones and another of his partners, William Eskridge. Of this money, $50M was to go to me for restitution. $500M was to go to a pain management addiction foundation. The rogues stole this as well. (See: Formal Investigation of the Virginia Board of Medicine re: Richard Charles Norton M.D., Facsimile to Terry Kilgore, dated October 22, 2006, bate stamped 000150 and 000151).



Historical Background

In 1992 and through to most of 1998, James Davis and I worked together to provide services to LCCH. The first was a Preferred Provider Association (PPA.) Prior to this time, Davis and I began our plans without me having a contract because I had to wait until a pre-existing no compete clause expired.

In 1993, I obtained the contract to manage the Emergency room, staff physicians and establish an Industrial medicine program. Under the industrial medicine program, we established a PPA. Davis and I did this for LCCH for 65% of the professional charges in the Emergency Department (ED.)

This program to waive deductibles and co-pays to privately insured patients was successful because LCCH was a small rural hospital and as is with most hospitals like LCCH, most of the charges come through emergency department services. During the time that I had this contract with LCCH, 75% of all of LCCH?s charges originated through the ED. At that time period, most insurers charged no deductible or co-pay for ED visits. Therefore, LCCH had to waive nothing on 75% of its charges. LCCH went from bankrupt to the most profitable hospital (under 100 beds) in Virginia, top 100 in the nation. More importantly, LCCH provided low cost health care services to the community.

Later, in 1994-98, Davis and I formed a corporation and established a rural health clinic. AUSA Bondurant would file a motion to limit disclosure of the profitability of this clinic was to LCCH. In this program Davis received 33% of the net profit for his development and management services.

One must recognize that, after all professional fees are paid; there is usually little net profit from a physician?s clinic. Therefore, this percentage to manage is considered less than acceptable by almost all medical consultants.

But Davis accepted because he claimed (and produced) higher profits due to a special status called a rural health clinic. Bondurant?s investigation of this clinic demonstrated that it did comply with all governing rules and statutes. It is true that this clinic made an exceptional return as the program was to provide incentives for establishing clinics in the regions that were underserved. I wish to note that all of the profit (and then some) from this clinic, I reinvested back into the clinic and the community.

Because of reimbursement rules, it was decided to sell the clinic to the hospital in order to obtain better reimbursements. This was done for one dollar, and I received a buy back option on the clinic.

While Bondurant attempted to claim that no one at LCCH knew about this, it must be stated that the contract was rewritten with the assistance of LCCH?s Attorneys and accountants because the contract was at first written in such a way so that it would not fall under the umbrella of LCCH. I sat in meetings with Chair Fugate for the purpose of establishing more of these type of clinics in which private parties would start and then sell to the hospital. I had no knowledge of Fugate?s illegal associations with Davis until government released discoveries.

Unfortunately, in 1997, there were rule changes that capped the amount that these clinics could be reimbursed. (Despite this cap, it was demonstrated that my clinic, including the cost of the money paid to Davis for his 33% administration fee, continued to be profitable for the hospital).

At that same time, and without my knowledge, Davis had formed another corporation that owned/ administrated clinics, owned by himself, Charles Fugate, CB Slemp, and LCCH?s Attorney George Cridlin. Their clinics were very unprofitable and led to the bankruptcy of LCCH.

James Davis did start to underperform. Without knowledge of his other competing associations, I had attributed this to the fact that his wife?s cancer recurred (and later she died.) I did in fact begin to decrease his payments to less than one third of the profit because of this.

Dr. Shelburne would perjure himself at my trial when he claimed that I continued to pay Davis by handing over my directorship check to Davis. AUSA Bondurant had my financial statements that demonstrated that I had, in fact, reduced Davis? payments at that time. It would be inconsistent for me to do this if Davis was being paid for opening contracts to me. I already had the contract with LCCH.

After the changes in reimbursements to the rural health clinics, the hospital began to experience a cash flow crisis because of clinics like LCCH?s Attorney, George Cridlin, who retained Walling for LCCH?s cover up.

Most of the clinics owned by the hospital had been staffed by foreign physicians on a J 1 Visa that the hospital could not easily sever. Prior to the caps on reimbursements, these underperformers were of little liability because the costs were merely passed along. After the reimbursement changes, caps on the reimbursement resulted in a huge hemorrhage of cash because of clinics owned by Walling?s clients.

Walling acted to facilitate and further his clients? ongoing illegal crimes that resulted in the financial distress of the hospital I served. The Purpose of the investigation by the U. S. Attorney?s office and the investigation of AUSA Bondurant was to find out why the hospital suddenly suffered financially. Walling initiated a cover up/scapegoat scheme to transfer the shame and guilt of his clients to me. Yet, as acknowledged by the court, I caused no (?0?) loss to the hospital.

Prosecutor AUSA Bondurant investigated Walling?s clients? crimes in his grand jury and demonstrated they were illegal, and that Walling was a coconspirator and material witness to those crimes.

AUSA Bondurant, obtained evidence documenting Challen Walling, former partner to Judge Jones, as a material witness in this matter. Bondurant would illegally withhold that evidence from my pretrial discovery. Yet it is found in my objections to the PSI and habeas petition and appeal of Jones? decision to deny my habeas petition. (See: Bate stamped Board meeting Notes. 04-6933FCCA re Norton v US, 7:02CV01012, re US v Norton, 2:99CR10078WDVA, Issue: Trial Judge denied Appellant the constitutional right to a fair trial with an impartial judge.)

Those same documents demonstrated that Walling?s clients, IN WALLING?S PRESENCE (emphasis added,) were discussing the destruction of tapes. Later they clarified their intentions to ?sanitizing? the minutes to the board meetings of the hospital in order to make it appear as if the Board Members had no knowledge of my business associations to the hospital?s administrator.

The Administrator, Chief Operating Officer, James Davis, had a contract with the Board that allowed him to personally participate in the contracts of the hospital. The board members had knowledge of my contractual associations with the Hospital, using Davis as my subcontractor.

Despite the fact that Bondurant?s own documents demonstrated Walling?s client?s cover up/scapegoat scheme, Judge Jones and Bondurant joined Walling?s cover up/scapegoat scheme, to protect Walling?s clients. Bondurant?s indictments against my subcontractor included some of the illegal actions of Walling Clients that my subcontractor, without my knowledge also participated in.

In the aforementioned board meeting, again, with Walling present, the board members are encouraged to continue using contracts on Medical Equipment Leased to the hospital by Judge Fugate and his son and their codefendant at rates [then] exceeding 300% interest.

Judge Jones? former partner?s clients committed major Medicare fraud. Prosecutor Bondurant?s grand jury witness, Earl Savage, who calculated the aforementioned interest rate I just quoted, would claim that no one in their right mind would agree to those terms. Yet, with Bondurant?s, Walling?s, and Judge Jones? assistance to the cover up scheme, Judge Fugate would collect on those for years afterward when the interest rate exceeded 1000% interest, prior to, during, and after the hospital?s bankruptcy! (Emphasis ADDED!) The hospital would have to include those costs on their Medicare report and this would constitute Medicare fraud.

Judge Fugate?s son and his coconspirators would also get a free ticket with more of Walling?s encouragement. Despite the fact that the hospital hemorrhaged money on clinics, owned by Attorney Cridlin, Attorney Fugate, Judge Williams? brother in law, and Mr. Davis, Walling was documented in those same Bate stamped documents rationalizing those clinics continuation because there ?could be tension between business and long term planning.?

Judge Jones?s former partner, Challen Walling, was hired by the hospital?s board?s attorney, George Cridilin, because AUSA Bondurant had already initiated his investigation into their illegal actions. The long term planning was the concern to protect the cover up scapegoat scheme that, according to their codefendant, James Davis, was developed in Attorney Ronnie Montgomery?s Office. (See interview of James Davis by Monroe Jamison in ?Memo to File, Jamison?s recap of debriefing Davis,? Norton v US, 7:02CV01012WDVA, and ?Informal Appeal? 04-6933FCCA).

Judge Jones assisted Walling?s clients further their ongoing Medicare Fraud and embezzling from the hospital I served. Judge Jones interrupted my codefendant?s testimony at my trial on multiple occasions to further those illegal ongoing activities when he began to disclose the illegal actions of his codefendants, Walling?s clients.

My own counsel also assisted Judge Jones? intervention of my codefendant?s testimony. This prevented the jury from reviewing Walling?s clients? illegal activities that were included in Davis? indictments. This precluded the jury from understanding who it was that was actually at fault for the financial woes of our small community hospital and why I was used as a scapegoat to appease the wrath of a community and persons harmed by these ongoing illegal actions of Walling?s clients.

Judge Jones? action was ?conduct prejudicial to the effective and expeditious administration of the business of the courts.? (See: 04-6933FCCA, ?Issue: Trial Judge denied Appellant the constitutional right to a fair trial with an impartial judge.?)

Prosecutor Bondurant, with the assistance of Judge Jones? and Challen Walling, would eventually assist these same clients of Walling to continue to steal from the hospital; and eventually, for years afterward, from the hospital?s trust. Walling?s clients were parties adverse to my affirmative defense.

Walling?s clients were actually Bondurant?s targets in his grand jury?s investigation in this instant case. Yet, after Bondurant?s discovery of Wallings? association to Judge Jones, Bondurant and Jones would not only assist these parties? obstruction of justice scheme to avoid prosecution, they would allow them to continue to embezzle millions of dollars from this hospital, ?the criminal enterprise.? This continued throughout the hospital?s bankruptcy proceedings by allowing Judge Fugate to be paid as a legitimate creditor.

For years after my trial, when the interest on Judge Fugate?s obsolete medical equipment exceeded 1000%, Judge Fugate was still collecting?millions of dollars. (See: Norton v US 7:02CV01012, copies ORDERED to the Office of the Attorney General of the United States of America by Magistrate Judge Glen Conrad).

{{ Unfortunately, [then]White House Counsel Gonzales intervened in Judge Conrad?s request for investigation by promoting Conrad to full district court judge and removing him from the case. This matter and another case involving Judge Jones and me are presently being reviewed by members of the House and Senate Judiciary Committees.}}

Review of the transcripts of the grand jury investigation of this instant case will demonstrate that Magistrate Judge Marshall?s assessment at my arraignment was correct when she concluded that I was indicted without one shred of evidence in support of the alleged counts against me.

My subcontractor, the codefendant to Walling?s clients was eventually coerced by AUSA Bondurant to change his testimony less than two months prior to the trial after Bondurant could still not produce any evidence to support the bogus allegations of the judges? scapegoat scheme. He became my codefendant in the judges? cover up to claim that the money I paid him for his services as my subcontractor for the hospital were just kickbacks in return for granting me contracts from the hospital.

Judge Jones repeatedly interrupted my subcontractor?s testimony whenever he spontaneously began to disclose information regarding Walling?s clients. Eventually, Judge Jones would rule to not allow my subcontractor?s indictments to be disclosed to the jury because the jury and community would then discover who the rogues were that bankrupted the hospital we served.

Walling?s Clients? illegal activity is what led to Prosecutor Bondurant?s grand jury investigation and confessions from some of them; but not from Judge Fugate. Fugate had his name replaced with his wife?s name on the charter of the company that fronted the illegal lease schemes to the hospital prior to his wife appearing before Bondurant?s Grand Jury Investigation.

Judge Fugate would later be identified as trustee to this company in order to continue to be paid from the $14M overage obtained from the sale of the hospital during its bankruptcy proceedings. Bondurant would only indict Judge Fugate?s son and then allow him a plea of mail fraud.

The [altered] jury instructions are the only things that continue my convictions and the scapegoat scheme. AUSA Bondurant?s Superior, USA Brownlee would eventually acknowledge my affirmative defense in this controversy. In litigation filed PRIOR to my trial, a $45m qui tam (2:99CV0009WDVA,) associated with this same controversy, my [only] codefendant is correctly referred to as my subcontractor. A thirty three month investigation by Attorney Jennifer Culotta after my trial demonstrated that codefendant did nothing illegal as my subcontractor.

Yet, at my criminal trial, when Bondurant?s presentation to the jury of the judges? historically fictitious allegations were falling apart; the COO was then coerced to claim that the same services he provided for the hospital as my subcontractor, he had actually performed as the administrator. He would later explain in the above mentioned telephone communication that this was part of the cover up.

{{On direct appeal, the Fourth Circuit Court affirmed that I had no knowledge of my subcontractor?s illegal associations with Walling?s clients or other parties to my subcontractor?s criminal activities. Therefore, despite the many convictions, all the alleged counts against me rest upon one [errant] allegation that I paid Judge Fugate?s codefendant money to obtain contracts from the hospital. The Fourth Circuit also erred when it failed to acknowledge that others involved in my subcontractor?s illegal actions provided testimony then only to serve to prejudice the jury after its affirmation that I had no knowledge of their illegal activities with codefendant. The decision of the direct appeal also erred in the interpretation of compliance with the Stark Safe Harbors. Some requirements are contingent upon circumstances. Those requirements expected compliance only if the circumstances were present. It must be included that my counsel had actually presented the wrong Stark Safe Harbors to the court. (See: Norton v US 7:02CV01012). My Counsel informed me that I hadn?t complied with the [wrong] Stark Safe Harbor Statue and told me that they did not want me to testify because it appeared to them that I was guilty of a civil violation. But even if it was decided that I had not complied with the correct safe harbors, one would have to conclude this was only a civil and not criminal violation. My counsel failed to petition for a rehearing en banc regarding the decision from the direct appeal.}}.

Court transcripts of Bondurant?s closing arguments to the jury acknowledge that there was only one allegation against me as well?that the money I paid codefendant was not for real services but for means to obtain contracts from the hospital we served.

Judge Jones? instructions to the jury made me technically guilty regardless of any presented defense. As a physician, I can not participate in any financial transaction involving medical services without compliance to the [then] Stark Safe Harbors. By Judge Jones? use of the Medicare?s Stark Anti-Kickback rule without use of Stark Safe Harbors in the jury instructions, I am technically guilty of a Kickback as interpreted by courts using Medicare?s Stark Anti-Kickback Statues.

When the community discovered Judge Jones? jury instructions was for the purpose to utilize me as a scapegoat and assist the cover up of the illegal actions of Walling?s clients, many were outraged. They had personally suffered from the financial woes caused by Walling?s clients. Judge Jones illegally redacted portions of his instructions to the jury that quoted Stark?s Anti-Kickback language.

Bondurant?s own grand jury witness, Dr John Staley, was surprised that my costs to the hospital, including what I paid my subcontractor for his service, were so low.

The affidavit of government?s own healthcare expert, Bruce Mckee, acknowledged that my agreements with my subcontractor, the COO, were reasonable. (See: Affidavit of Bruce McKee, Norton v US, 7:02CV01012). And other evidence presented at trial demonstrated that my codefendant worked as my subcontractor (as his agreement with the hospital board allowed) to provide services to the hospital at rates that were at or below market.

Despite the fact that Bondurant lied to the jury to claim that I was the cause of the hospital?s bankruptcy, he filed a motion to limit disclosures to the jury of how profitable my programs were to the hospital. (See: Docket, July 31, 2000, government?s motion to limit discovery of profitability of [my clinic] Physician Access, US v Norton 2:99CR10078 and 00-2304-WSB-11 RE 2:99CV0009). Bondurant was able to withdraw that motion after he coerced one of the accountants, whose wife was compromised in this situation, to claim I had lost money for LCCH. Again, after review of the documents in my objections to the PSI, Judge Jones had to admit that I caused ?0? loss.

This charade has lasted too long. I and my family have carried the shame and guilt of Judge Jones? friends for too long now. Judge Jones has acted in a manner that demonstrates conduct prejudicial to the effective and expeditious administration of the business of the courts.

Even if this appeals Court does not vacate my convictions in this procedure on the merits of my affirmative defense, this court can not solidly support the continued role of Judge Jones without publicly acknowledging this egregious use of a United States Federal Court.

This Honorable Fourth Circuit Court of Appeals should not hide behind procedural rules or change the issue from Judge Jones to the complainant. Let the court now provide a decision that addresses the actions of Judge James Parker Jones and reestablish confidence in our system of justice.

Respectfully submitted by



Richard Charles Norton M.D. Date_______________

CC: White House Counsel; Honorable Senator Leahy, Chair, Senate Judic
 

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