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Oct-21-2010 01:54printcomments

Schneider Sentencing: Dr. Stephen Schneider 30 Years - Linda Schneider 33 Years

Judge spares Schneiders a life sentence in running a "pill mill" resulting in the deaths of 68 patients.

Dr. Stephen Schneider and his wife, Linda Schneider
Dr. Stephen Schneider and his wife, Linda Schneider, will spend the next 30 years or more behind bars.

(WICHITA, Kansas) - Dr. Stephen Schneider and his wife, Linda Schneider, who were convicted in Federal Court of dozens of deaths of patients attributed to running a "pill mill" had asked a federal judge to sentence them to the minimum of 20 years in prison, rather than the life sentence prosecutors were seeking.

Marianne Skolek

The Schneiders also were found guilty on five counts of unlawfully writing prescriptions and 11 health care fraud counts. They also faced 17 money laundering counts. Stephen Schneider was found guilty on two of those counts; Linda Schneider was found guilty of 15 money laundering charges.

Before today's sentencing, defense attorneys representing the Schneiders argued that harsh sentences would affect other practicing physicians from accepting government sponsored insurance involving complex billing procedures and the sentencing guidelines were indicated to punish "drug dealers" not medical professionals.

"Plainly, this type of conduct is a far cry from the acts at issue here, and treating the defendants similarly to run-of-the-mill drug dealers would result in an excessive and unfair punishment," the defense wrote.

So why this "eleventh hour" -- down to the wire -- effort by the Schneiders defense attorneys for some leniency in their sentencing? Maybe some insight can be gained from the Feds action against the Schneiders and their alignment with a self-proclaimed "pain patient advocate" named Siobhan Reynolds, president of the Pain Relief Network aka PRN. Some highlights of the Government's Motion for Determination of Conflict and Memorandum in Support is shown below.

UNITED STATES OF AMERICA,

Plaintiff,

STEPHEN J. SCHNEIDER,
and
LINDA K. SCHNEIDER, a/k/a
LINDA K. ATTERBURY,
d/b/a SCHNEIDER MEDICAL CLINIC,

Defendants.
 

The United States of America, by and through Assistant United States Attorney
Tanya J. Treadway, hereby moves for a Determination of Conflict and requests that the
Court conduct an on-the-record inquiry concerning the potential conflicts of interest
created by:
(1) attorneys Lawrence Williamson and/or Uzo Ohaebosim jointly
representing the defendants and the Pain Relief Network, and/or its
founder and president, Siobhan Reynolds;
(2) an apparent joint defense agreement;
(3) Siobhan Reynolds’, a non-attorney, orchestrating and directing the
strategies employed in the criminal case;
(4) Pain Relief Network’s/Reynolds’ paying for the criminal defense of both
defendants, in whole or in part.

Facially, it may seem that the defendants’ and PRN’s/Reynolds’ interests are
aligned. But, as discussed further below, PRN’s and Reynolds’ interests may, in fact, be contrary to the defendants’ best interests. Indeed, PRN and Reynolds may be using the defendants, if not sacrificing the defendants, to further their own agendas.  In such a situation, dual representation could create conflicts of interest requiring the defendants’ counsel to choose between strategies that benefit PRN/Reynolds and strategies that benefit the defendants.

 
On the surface, Ms. Reynolds’ goals and motivations may seem to be in harmony with the defendants’ goals. But, on closer examination, Ms. Reynolds appears to be using the defendants’ criminal case as a springboard for her own designs, which have
nothing to do with effective criminal representation for the defendants.
 
Evidently, Ms. Reynolds sought out the defendants, not vice versa.  In a
December 26, 2007, telephone call between defendant Linda Schneider and her sister,
Ms. Hatcher (the sister) informed that Ms. Reynolds had been waiting for a case like this one,
describing it as “the big one.”  Similarly, in a January 3, 2008, telephone conversation
between defendant Linda Schneider, Ms. Hatcher, and Ms. Reynolds, Ms. Reynolds
indicated that the criminal prosecution of the defendants offered her a “chance of a
lifetime."  In multiple conversations, discussions concern Ms. Reynolds doing a book
or a movie.  Ms. Reynolds is evidently planning to move to an apartment in Wichita, to
be paid for by the defendants and/or their family. Thus, Ms. Reynolds may be in what
could be best described as a sycophantic or parasitic relationship with the defendants.
By telling them what they want to hear, she is able to appear supportive and helpful,
while using the defendants to further her own personal interests. To the extent the
“Dream Team” is working to further the goals of PRN/Reynolds at the expense of the
defendants, a clear conflict would appear to exist.
 
Here, it may well be that PRN/Reynolds will impair the defendants’
abilities to negotiate a pretrial resolution of this case because to do so would inhibit
PRN’s/Reynolds’ ability to pursue their purported goals, including their use of the
defendants’ criminal prosecution to keep their names in the media. It also may well be
that PRN/Reynolds are willing to sacrifice the defendants’ interests so that the
defendants can be hailed as martyrs to their cause.

Dr. Schneider sat in the courtroom today looking grim in his prison garb and shackles, but managed to wink several times at his wife, Linda -- also wearing prison attire -- as they awaited their fate.

U.S. District Judge Monti Belot told the 57-year-old physician that the evidence showed that he earned and deserved the nickname "Schneider the Writer" because in many cases writing scripts was his only form of medical care. "For whatever reason, Stephen Schneider utterly failed to live up to his oath to do no harm,'" Belot said.

The judge said the doctor was put on every possible notice that the controlled substances he was prescribing - particularly the potent painkiller Actiq - was addicting, harming and killing his patients but did nothing to stop it.

While sentencing the Schneiders, Judge Belot said the case against the Schneiders was an "avoidable tragedy motivated by greed."

Belot went on to chastise Linda Schneider by saying "Had she not been involved in the operation of the clinic, or had she approached her role there in a professional and responsible way, none of us would be here today." "That doesn't excuse Stephen Schneider's wrongful acts, but it may somewhat explain them."

"I believe the evidence has shown Linda Schneider is a scheming, manipulative, uncaring criminal who believed, erroneously, that she was smart enough to 'get away with it' Belot said. -- "A big mistake on her part."

The government contends losses for clinic services and prescriptions was more than $20 million, with some 93 insurance programs and more than 500 patients defrauded.

Belot did not immediately rule on the restitution issues.

The judge dismissed defense arguments that harsh sentences will deter other doctors from prescribing to chronic pain patients, saying that sounded like the "irresponsible propaganda" of the Pain Relief Network, a group that has opposed what it sees as federal efforts to crack down on chronic pain treatment.

The judge used the phrases "Bozo the Clown" and "ship of fools" to describe the PRN and said he hoped the outcome would help curtail its activities.

When the people leading it are "so stupid that they support what occurred in this case, they demean the efforts of legitimate medical providers to help persons suffering from chronic pain," the judge said.

PRN president Siobhan Reynolds said Belot's comments about her group reflect poorly on him and his office in a telephone interview. Although Reynolds was a regular attendee at the Schneiders lengthy trial -- she was a no show for the sentencing.

"He knows perfectly well there is very little I can do to answer him, and he is showing a real lack of regard for what the rest of the people in the United States regard as my natural rights - my right to dissent, my right to support innocent people who are being railroaded," she said. The Justice Department has already succeeded in stopping her advocacy by fining her and her organization, she said.

No Ms. Reynolds, the rest of the people in the United States don't regard as your natural rights -- your right to dissent -- and your right to support innocent people who are being railroaded. They are not impressed with your self-importance -- and as a lesson in Trial by Jury 101 -- the Schneiders were found guilty by a group of their peers -- it's called a jury system. If the jury had reached a verdict of "not guilty" -- the Schneiders could be referred to as "innocent" by you.

So if the Feds are correct and Siobhan Reynolds and her Pain Relief Network are furthering her agenda and manage to cut a movie deal -- hopefully the Schneiders will have access to it on "movie night" in prison. Wonder if the Schneiders regret the day Reynolds came into their lives -- and threw them under the bus.

The Series:

Jun-16-2010: Schneiders Fate in the Hands of the Jury - Marianne Skolek Salem-News.com

Jun-11-2010: Schneider Trial Week 7 - Marianne Skolek Salem-News.com

Jun-09-2010: Tumbling Tumbleweeds - a Continuing Look at the Schneider Trial in Kansas - Marianne Skolek Salem-News.com

May-29-2010: Schneider Trial - Week 5 - Marianne Skolek Salem-News.com

May-23-2010: Schneider Trial - Week 4 - Marianne Skolek Salem-News.com

May-16-2010: Week 3 - Stephen Schneider Trial - Marianne Skolek Salem-News.com

May-13-2010: American Pain Society's 29th Annual Scientific Meeting - Marianne Skolek Salem-News.com

May-08-2010: Week 2 of the Schneider Trial - Marianne Skolek Salem-News.com

May-02-2010: Week 1 of Pill Mill Doc Trial in Wichita, Kansas - Marianne Skolek Salem-News.com

===========================================

Salem-News.com Reporter Marianne Skolek, is an Activist for Victims of OxyContin throughout the United States and Canada. In July 2007, she testified against Purdue Pharma in Federal Court in Virginia at the sentencing of their three CEO's who pled guilty to charges of marketing OxyContin as less likely to be addictive or abused to physicians and patients. She also testified against Purdue Pharma at a Judiciary Hearing of the U.S. Senate in July 2007. Marianne works with government agencies and private attorneys in having a voice for her daughter Jill, who died in 2002 after being prescribed OxyContin, as well as the voice for scores of victims of OxyContin. She has been involved in her work for the past 7-1/2 years and is currently working on a book that exposes Purdue Pharma for their continued criminal marketing of OxyContin.

Marianne is a nurse having graduated in 1991 as president of her graduating class. She also has a Paralegal certification. Marianne served on a Community Service Board for the Courier News, a Gannet newspaper in NJ writing articles predominantly regarding AIDS patients and their emotional issues. She was awarded a Community Service Award in 1993 by the Hunterdon County, NJ HIV/AIDS Task Force in recognition of and appreciation for the donated time, energy and love in facilitating a Support Group for persons with HIV/AIDS.

oxydeaths.com/news_chilling.htm
nytimes.com/2007/05/10/business/11drug-web.html?
blog.nj.com/njv_bob_braun/2007/07/sometimes_only_justice_can_rel.html
judiciary.senate.gov/hearings/testimony.cfm?id=2905&wit_id=6612
You can send Marianne an email at: mskolek@aol.com
oxydeaths.com




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Fentanyl Actiq November 20, 2010 6:54 am (Pacific time)

Thats the DRUG that Killed MANY people...and to see that they were WARNED on this many times by OWN family members show they were out for GREED and MONEY and did not even check MRI X-Rays for REAL symptons !! NO physical exan just a Working PEN and PAD was needed.... MORE Greedy pain MD's should be HIGHLY-SCRUTINIZED and criminally charged !!


riseball October 22, 2010 8:50 pm (Pacific time)

He was a rotten apple in the bushel. That needed to be removed. There is many doctors that does the right treatment, without mixing drugs that form deadly coctails that results in death. Most of his patients overdoses were caused by drug toxicity. Yes, there are people who needs pain relief, but by a good and caring Physician. My wife was one of his victims who took her medicines as prescribed and it still cost her, her life.


MIchael October 22, 2010 1:15 pm (Pacific time)

Sure, Denise, if you like one sided journalism! All any of us chronic pain patients can hope for, is that, one day, these people will suffer chronic unrelenting UNTREATED pain!

Editor: The Purdue team is out in force, how much do they pay you guys? 


Anonymous October 21, 2010 3:56 pm (Pacific time)

Let me get this straight, they sentenced dozens to death, the maixmum. And now they want a 20 year sentence? Why not give them two weeks in the Bahamas first?


Denise October 21, 2010 10:03 am (Pacific time)

What a great article!!!

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