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Federal prosecutors told a federal judge Wednesday that the government is investigating more allegations of health care fraud at a "pill mill" already linked to at least 56 overdose deaths.
The glimpse into the government's investigation came amid a flurry of recent court filings, subpoenas and legal gamesmanship in the prosecution of physician Stephen Schneider and his wife, Linda.
Prosecutors said in their latest motion that they were investigating allegations "beyond the scope of the current indictment" by unnamed individuals other than the Schneiders.
It is not uncommon to file charges against others in the prosecution of doctors for alleged violations of the Controlled Substances Act, sometimes years after the alleged actions occurred, said Siobhan Reynolds, president of the Pain Relief Network, a patient advocacy group supporting the Schneiders.
It is a tactic to make things "look as bad as someone can imagine," she said.
"The reason they can do it is what is wrong with the statute," Reynolds said. "The statute makes it legal to prescribe, except the government can withdraw legality when they want to. Anybody who works there is vulnerable. That is why nobody wants to provide pain management, nobody wants to get caught in the net."
In the latest skirmish, attorneys representing the doctor in malpractice lawsuits tried to quash subpoenas issued by prosecutors for clinic records of patients not involved in the civil cases.
The government said in previous hearings it has the records of more than 1,000 patients as part of its case against the Schneiders. Court records show the latest subpoena sought four additional files, including those of two former medical assistants who worked at the clinic before it closed.
Though prosecutors withdrew the subpoena to civil counsel, they said they would reissue it to the new custodian of records once a person is named.
The Schneiders are charged with conspiracy, unlawful distribution of a controlled substance resulting in death, health care fraud, illegal money transactions and money laundering. The 34-count federal indictment alleges that the Schneiders directly caused four deaths and contributed to 11 more. In all, it links the clinic to at least 56 deaths.
The couple have pleaded not guilty.