Jumping to CONCLUSION is NOT CONSIDERED aerobic exercise

I have seen this posted on many FB pages.. with a lot of conclusions that apparently has NOTHING TO DO WITH REALITY..

Most insurance companies have a limit of 90 days supply of a Rx med at ONE TIME…

It would appear that CAREMARK – the PBM (Prescription Benefit Manager) is just observing the terms of their contract.

Providing the pt with > 6 vials at a time would have exceeded the days supply limit of 90 days per her policy.

Most insurance companies will refill a Rx when 80%-85% of the days supply has been taken – that would be around 68 -72 days.

I have read the letter SEVERAL TIMES and NO WHERE does it say that they are changing her DAILY DOSE.

 

Today Eric Bolling continues to use the tragedy of your loss in a pathetic attempt to recover his career that he destroyed

My Apologies to Mrs. Bolling

Dear Mrs. Bolling,

I want to extend my sincerest apologies for continually dragging the circumstances of your son, Chase Bolling (RIP), passing back into the limelight. You son, like my sister, Missy ‘Runt” Rose was an addict. They had an illness which brought pain & suffering to their families.

Last year, I did attempt to contact your husband, Eric Bolling, but he refused to call or communicate in any form. I also wrote and posted a letter to him shared via his Tweeter account. His response was to block me. Today your husband continues to use the tragedy of your loss in a pathetic attempt to recover his career that he destroyed; no one else is to blame. To date, he has not reached out to question why my anger continues to expose his lies harming so many Americans.

His actions are leaving my wife struggling for her life along with millions of others that require pain medications to survive. I wonder what a difference your husband might have made in Chase’s life if he had spent as much time as he does now with him while he was alive instead of sending perverted pictures of himself to women.

My wife of 32 years has a mechanical heart valve which limits her options for medical care. She has safely used opioid medications for years without incidence of overdose or diversion. The same goes for millions of Americans who suffer from Chronic Pain Disease. Our medications do not give us a high or even complete relief from our conditions which presently have no known cures. These medications allow us to continue leading productive lives and spending time with our children and grandchildren.

With my pain from injuries incurred during 11 wonderful years as a Marine managed, I was able to counsel young adults/children about alternatives to drug seeking behavior. I was able to be a high school teacher where I mentored one of the most popular clubs on campus. My kids were able to do much good through community service projects with being some healthy and fun, while some were strictly life lessons. We fed the homeless; we adopted an orphanage. These activities are detailed in Christian, Marine, Father or Addict if you care to read a little about myself. I was able to open many eyes while my pain was adequately managed and now? It is a nightmare for a once proud Marine to be forced to crawl on his hands and knees to the bathroom. Then again, “Pride goeth before destruction, and an haughty spirit before a fall.” Proverbs 16:18. Right?

However, your husband, Eric Bolling Sr., is going around the country with Mrs. Trump, with his crocodile tears dictating national healthcare policy while people are dying slow painful deaths. Carla Howard, Dawn Anderson, Rory G. Hosking, & so many others. Is this how you want your son remembered? As the author of genocide against children suffering the horrible effects of cancer, the elderly, veterans, the chronically ill, minorities, the poor?

Believe it or not, but these policies are the same genocidal policies implemented by Adolf Hitler on the German people before the start of World War II. The video “Caring Corrupted” on youtube explains in detail how nurses and doctors abandoned children outside in the cold, rounded up the disabled from their homes, taking them to “special” centers for elimination. The only difference in 2019, our doctors are sending us home so our families may watch our slow deterioration into hell and then mercifully death.

I’ve begged your husband to hear us out and to stop this madness to no avail. (Dear Mr. Eric Bolling.” Sent and published online on March 14, 2018.) I’ve begged President Trump, & Mrs. Trump to hear our cries for of mercy; all of which have been ignored. Meanwhile, mass media continues to promote this madness although they receive numerous stories from patients now suffering AND factual research which contradicts the nonsense being spouted by your husband & Mrs. Trump.

Research government officials have had even before the falsified HHS/CDC guidelines were published in March 2016. Such as, the denial of pain medications is a DEATH SENTENCE received by former VP Joe Biden, as Chairman of the Senate Subcommittee on Crime and Drugs in testimony provided by Dr. Alex Deluca describing the horrors we now face by the denial of pain medications (Why Untreated Chronic Pain is a Medical Emergency: Alex DeLuca, M.D., FASAM.) In 2009, the National Institute of Health confirmed the report stating undertreated or untreated pain increases the patient’s chance by 68% more than a person suffering from cardiovascular disease and 49% greater chance than all other diseases combined. (Severe chronic pain is associated with increased 10-year mortality.) I realize how hard it is to admit “I am wrong” which is why I am sure so many in Washington and the media are ignoring the truth. But, how many of us suffering here tonight must die before enough is enough?

Again, I do apologize for continuing to share the truth behind your son’s death. Chase Bolling died with Cocaine, Xanax, ILLEGAL fentanyl, and marijuana in his system. He intentionally purchased and ingested these drugs from the street. There was nothing accidental about his death as your husband continues to claim.

Eric Bolling’s Son ‘Panicked’ After Buying Drugs Before His Death, Friends Say. By Aurelie Corinthios. People Magazine. November 1, 2017.

It is for these reasons; I cannot stop doing everything in my power to protect the life of my wife from the actions of your husband. As a Marine, my oath is to protect this country from violations to our Constitution and our ability for life, liberty and the pursuit of happiness. It is my responsibility as well as EVERY American to stand tall and honor all the men and women who have gone before to protect these rights which I defended as a Marine. It is our responsibility to end the forced suffering to millions of Americans through proper medical care without government or your husband’s interference.

I am sincerely sorry for your loss but Chase, the same as my sister, Runt, chose DEATH.

We, the Chronic Pain Patients of America choose LIFE!

PLEASE give us that chance.

Respectfully,

Robert D. Rose Jr.
BSW, MEd. USMC
Semper Fidelis

PS: Mrs. Bolling, if you would like to speak to me directly, please don’t hesitate to give me a call: 423–794–8241…

D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases

D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases

https://www.nytimes.com/2019/03/30/us/politics/dea-money-counter-records.html?partner=IFTTT

WASHINGTON — The Drug Enforcement Administration secretly collected data in bulk about Americans’ purchases of money-counting machines — and took steps to hide the effort from defendants and courts — before quietly shuttering the program in 2013 amid the uproar over the disclosures by the National Security Agency contractor Edward Snowden, an inspector general report found.

Seeking leads about who might be a drug trafficker, the D.E.A. started in 2008 to issue blanket administrative subpoenas to vendors to learn who was buying money counters. The subpoenas involved no court oversight and were not pegged to any particular investigation. The agency collected tens of thousands of records showing the names and addresses of people who bought the devices.

The public version of the report, which portrayed the program as legally questionable, blacked out the device whose purchase the D.E.A. had tracked. But in a slip-up, the report contained one uncensored reference in a section about how D.E.A. policy called for withholding from official case files the fact that agents first learned the names of suspects from its database of its money-counter purchases.

That instruction, it said, “was intended to protect the program’s sources and methods; criminals would obtain money counters by other means if they knew that the D.E.A. collected this data.”

A preamble said the D.E.A. and the inspector general worked together on redactions, and press officers for both declined to comment on the inadvertent disclosure. The D.E.A., which is an arm of the Justice Department, provided a statement responding to the inspector general’s findings, pledging fealty to the rule of law while citing “the importance of protecting the techniques and procedures that D.E.A. agents rely upon to protect our nation.”

The report cited field offices’ complaints that the program had wasted time with a high volume of low-quality leads, resulting in agents scrutinizing people “without any connection to illicit activity.” But the D.E.A. eventually refined its analysis to produce fewer but higher-quality leads, and the D.E.A. said it had led to arrests and seizures of drugs, guns, cars and illicit cash.

The idea for the nationwide program originated in a D.E.A. operation in Chicago, when a subpoena for three months of purchase records from a local store led to two arrests and “significant seizures of drugs and related proceeds,” it said.

But Sarah St. Vincent, a Human Rights Watch researcher who flagged the slip-up on Twitter, argued that it was an abuse to suck Americans’ names into a database that would be analyzed to identify criminal suspects, based solely upon their purchase of a lawful product.

Ms. Vincent, who wrote a report last year criticizing “parallel construction” — the practice of concealing an intelligence program by reobtaining the same data, through a traditional targeted subpoena or other measures, to submit it as court evidence — also flagged a 2008 email cited in the report in which a D.E.A. official wrote, “Unless a federal court tells us we can’t do this, I think we can continue this project.”

Because the D.E.A. was hiding the program, she pointed out, no judge would have an opportunity to evaluate it.

The report described a cursory review by D.E.A. lawyers but said the agency never developed a comprehensive analysis for why it was lawful for it to use the statute that authorized administrative subpoenas to obtain bulk records. The statute permits gathering records that are “relevant or material” to a drug investigation. Citing the D.E.A.’s “uniquely expansive use” of this subpoena authority, the report called that failure “troubling.”

In the spring of 2013, the report said, the D.E.A. submitted its database to a joint operations hub where law enforcement agencies working together on organized crime and drug enforcement could mine it. But F.B.I. agents questioned whether the data had been lawfully acquired, and the bureau banned its officials from gaining access to it.

The F.B.I. agents “explained that running all of these names, which had been collected without foundation, through a massive government database and producing comprehensive intelligence products on any ‘hits,’ which included detailed information on family members and pictures, ‘didn’t sit right,’” the report said.

Then, in June 2013, Mr. Snowden leaked a trove of files from the N.S.A., bringing to light that the agency was collecting Americans’ domestic calling records in bulk — and setting off an uproar.

An intelligence court had secretly blessed the N.S.A. effort under Section 215 of the Patriot Act, which similarly permitted the government to collect records that were “relevant” to a counterterrorism investigation. A federal appeals court in New York later rejected that interpretation of the law, and Congress ended that practice and replaced it with the USA Freedom Act in 2015.

Other bulk data collection or exploitation programs existed. The New York Times reported in November 2013 that the C.I.A. was using the same law to collect bulk records of international money transfers handled by companies like Western Union — including transactions into and out of the United States.

And the inspector general report also addressed two other D.E.A. programs that focused on call records, and whose existence was already public.

The first is the Hemisphere Project, which The Times first reported in September 2013. It has involved AT&T analyzing its vast database of historical logs about Americans’ phone calls on behalf of counterdrug agents. A section of the report that discusses what appears to be Hemisphere — its name is redacted — says it is still operating.

The other was a D.E.A. program that used administrative subpoenas to collect bulk logs of outgoing international phone calls from the United States to countries linked to drug trafficking. The Justice Department disclosed its existence, which began in the first Bush administration, in a 2015 court filing, and it was later the subject of a detailed report by USA Today. Attorney General Eric H. Holder Jr. had ordered the D.E.A. to shut it down in September 2013 — the same time it shuttered the money-counter purchase records program.

Survey: Half Of Doctors Considering Leaving Medicine — Because Of Health Insurance Headaches

Survey: Half Of Doctors Considering Leaving Medicine — Because Of Health Insurance Headaches

https://www.studyfinds.org/survey-half-doctors-consider-leaving-medicine-insurance-company-headaches/

Poll of 600 physicians shows frustration over insurer policies and delays that doctors say could be leaving patients in prolonged pain.

WASHINGTON — Are health insurance policies creating nightmares for physicians and hazards for their patients? A new study finds that nearly nine in ten doctors believe barriers set by insurance plans have led to worsened conditions for patients in need of care.

Researchers with Aimed Alliance, a non-profit that seeks to protect and enhance the rights of health care consumers and providers, say that doctors are so fed up with the constant headaches caused by insurers, two-thirds would recommend against pursuing a career in medicine, and nearly half (48%) are considering a career change altogether.

For the study, the organization polled 600 physicians in the U.S. practicing either family medicine, internal medicine, pediatrics, or obstetrics/gynecology. The group sought to understand the extent to which insurance policies impact primary care physicians, their practices, and their patients on a day-to-day basis. They also wanted to get a better understanding of mental health issues among providers, as well as the causes behind the national provider shortage.

Researchers found that physicians don’t think very highly of health insurance companies, and believe they’re putting patients at risk with policies such as prior authorizations ahead of filling prescriptions. In fact, 87% of doctors say patients’ conditions have grown worse because of such red-tape regulations, and 83% worry the patients will suffer prolonged pain as a result.

Prior authorizations are especially bothersome for doctors. More than nine in ten (91%) of those surveyed think the policy delays necessary care for patients. Similarly, the same number of doctors agree insurers engage in “non-medical switching,” which forces patients to take less costly — but potentially less effective — medicines.

Such policies are stressing many physicians out. Thirty-seven percent say half or more of their daily stress is caused by insurance issues, and 65% feel they’re facing greater legal risks because of decisions made by insurers. The vast majority (85%) are left frustrated by such issues, and many admit to taking their anger and emotions out on their staff and even family members.

“I can understand why many of the respondents reported that they would not recommend this career to anyone else,” Dr. Shannon Ginnan, medical director of Aimed Alliance, tells StudyFinds. “As practitioners, much of our time is spent on burdensome paperwork required from health insurers for our services to be paid for. This prevents us from spending as much time on patient care as we would like, and it doesn’t take much for all this paperwork to interfere with the services that we provide.”

To Ginnan’s point, the survey showed that 77% of doctors have had to hire more staffers to handle the heavier administrative load from insurance work. Ninety-percent say they have less time to spend with patients because of the burden.

As for the aspect of insurers’ policies that doctors would like to see changed most, the majority (55%) agreed on an insurers’ ability to override the professional judgment of physicians. About nine out of ten (87%) respondents felt that insurer personnel interfere with their ability to provide individualized treatments for each patient.

Beyond the harm that doctors say insurance policies cause patients in need of care, they also agree that patients are taking a hit in their bank accounts too. Doctors believe that insurers are contributing to the rising cost of healthcare more than anything else, including pharmaceutical companies, government policies, lawsuits, or hospitals.

The organization hope their study will provide lawmakers solid data when attempting to reform health care laws and regulations related to utilization management and provider shortages.

The survey was conducted on behalf of Aimed Alliance by David Binder Research.

This has a lot of “very rough language” BUT – if true – conclusion is very interesting and APPALLING

Apparently President Trump does not GET IT … about the difference between opiate abuse and legitimate medical need ?

The LEAST VISIBLE healthcare “MIDDLEMAN” – makes the most PROFIT ?

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So the monthly list price of your insulin has gone from $391 in 2014 to $594 in 2018, THAT’S UNACCEPTABLE!! But who’s to blame??

It must be the drug manufacturer, right?? NO!! When you look at what the drug manufacturer keeps, it actually lowered from $147 in 2014 to $135 in $2018. They are getting less!
It must be the pharmacy jacking up the price to make a huge profit, right??? NOPE!! The pharmacies are down to making $7 for the months Rx in 2018, when they need to average $11 to stay in business. That is why Pharmacies are closing at a record pace!!
Then Who??? IT’S THE MIDDLEMEN!! You know, the ones that have no work, time, money, college education, student loans, business investment or business loans involved!! No research and development, no cost of employing brilliant scientists that develop and bring life savings drugs to market!
IT’S the THIEVING PBM MIDDLEMEN taking $432 from the middle for doing a $1 job !!

Remarks from FDA Commissioner Scott Gottlieb, M.D., as prepared for oral testimony before the House Committee on Energy and Commerce Hearing, “Federal Efforts to Combat the Opioid Crisis: A Status Update on CARA and Other Initiatives

Remarks from FDA Commissioner Scott Gottlieb, M.D., as prepared for oral testimony before the House Committee on Energy and Commerce Hearing, “Federal Efforts to Combat the Opioid Crisis: A Status Update on CARA and Other Initiatives

https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm582031.htm

Chairman Walden and Ranking Member Pallone, thank you for the opportunity to testify today before the full committee.

The epidemic of opioid addiction that’s devastating our nation is the biggest crisis facing public health officials, FDA included.

As this crisis grew, many of us didn’t recognize the consequence of this threat. We missed opportunities to stem its spread. So we find ourselves at a tragic crossroad.

We have a crisis of such massive proportion that the actions we need to take are going to be hard.

We’ll need to touch clinical practice in ways that may make certain parties uncomfortable. This may include such steps as restrictions on prescribing, or mandatory education on providers. Long ago, we ran out of straightforward options.

At FDA, we’re working across the full scope of our regulatory obligations to impact this crisis.

That means updating and extending the risk management plans and educational requirements that we impose on sponsors as a condition of a product’s approval.

It means doubling our efforts to promote the development of new, less addictive pain remedies; as well as opioids that are harder to manipulate and abuse.

It means updating our risk-benefit framework to take measure of the risks associated with misuse and abuse of opioids; and using this information to inform our decisions — including recommending that products be withdrawn from the market.

These steps and others are needed to prevent new addiction.

But given the scale of the epidemic, with millions of Americans already affected, prevention is not enough.

We must also help those who are suffering from addiction by expanding access to lifesaving treatment.

I’d like to announce three new steps towards this goal today.

First, FDA will issue guidance for product developers as a way to promote the development of new addiction treatments.

As part of this guidance, we’ll clearly lay out our interest in the development and use of novel, non-abstinence-based endpoints as part of product development. We’ll also aim to make it easier to develop new products that address a fuller range of the symptoms of addiction such as craving.

Second, FDA will take steps promote the more widespread use of existing, safe and effective, FDA approved therapies to help combat addiction. There are several FDA approved treatments. All of these treatments work in combination with counseling and psychosocial support. Everyone who seeks treatment deserves the opportunity to be offered all three options as a way to allow patients and providers to select the treatment best suited to the needs of each individual patient.

How do we know that medications work?

To start, the FDA approval process requires that all products demonstrate that they are safe and effective prior to approval.

The evidence base then grows significantly after approval.

Unfortunately, far too few people who are addicted to opioids are offered an adequate chance for treatment that uses medications. In part, this is because insurance coverage for treatment with medications is often inadequate.

To tackle the treatment gap, FDA is planning to convene experts and stakeholders to discuss the evidence of treatment benefits at the population level – such as studies that show community wide reductions in overdose following expansion of access to therapy. We will also discuss the potential for further research to assess the value of these medications in the context of today’s overdose epidemic.

There’s a wealth of information supporting the use of these medications. We’re focusing on the data in the drug labeling that can help drive broader and appropriate prescribing. So one concept that FDA is actively pursuing is the research necessary to support a label indication for medication-assisted treatment for everyone who presents with an overdose, based on data showing a reduction in death at a broader population-level. Such an effort would be a first for FDA. We believe that granting such an indication in labeling can help promote more widespread use of, and coverage for these treatments.

Why is it important to promote the value of these treatments at the population level? Here’s an example. Recently, the Commonwealth of Massachusetts found a greater than 50 percent reduction in the risk of death from overdose among individuals treated with methadone or buprenorphine after a nonfatal overdose. These kinds of data have immense implications for insurers and policymakers in deciding how to adopt these treatments.

A common question that arises with treatment is the proper duration of medication therapy. Clinical evidence shows that people may need treatment with medications for long periods of time to achieve a sustained recovery. Some may even need a lifetime of treatment. Recognizing this, the FDA is revising the labels of these medical products to reflect this fact.

Now I know this may make some people uncomfortable. That’s why the third step I’m announcing today is that FDA will join efforts to break the stigma associated with medications used for addiction treatment. This means taking a more active role in speaking out about the proper use of these drugs.

It’s part of our existing public health mandate to promote the appropriate use of medicine. Misunderstanding around the profile of these products enables stigma to attach to their use.

This stigma serves to keep many Americans who are seeking a life of sobriety from reaching their goal. In this case, in the setting of a public health crisis, we need to take a more active role in challenging these conventions around medical therapy.

The stigma reflects a view some have; that a patient is still suffering from addiction even when they’re in full recovery, just because they require medication to treat their illness.

This attitude reveals a flawed interpretation of science. It stems from a key misunderstanding many of us have of the difference between a physical dependence and an addiction.

Because of the biology of the human body, everyone who uses opioids for any length of time develops a physical dependence—meaning there are withdrawal symptoms after the use stops. Even a cancer patient requiring long-term treatment for the adequate treatment of metastatic pain develops a physical dependence to the opioid medication.

That’s very different than being addicted.

Addiction requires the continued use of opioids despite harmful consequences. Addiction involves a psychological craving above and beyond a physical dependence.

Someone who neglects his family, has trouble holding a job, or commits crimes to obtain opioids has an addiction.

But someone who is physically dependent on opioids as a result of the treatment of pain but who is not craving more or harming themselves or others is not addicted.

The same principle applies to medications used to treat opioid addiction. Someone who requires long-term treatment for opioid addiction with medications – including those that cause a physical dependence — is not addicted to those medications.

Here’s the bottom line:

We should not consider people who hold jobs, re-engage with their families, and regain control over their lives through treatment that uses medications to be addicted.

Rather, we should consider them to be role models in the fight against the opioid epidemic.

Committee members, we need to embrace long-term treatment with proven therapies to address this crisis. At FDA, we will step up our efforts to do our part to promote these goals.

I look forward to discussing these issues with the committee. And I’m grateful for the opportunity to be here.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

Civil Asset Forfeiture – Could it be on its last days ?

 

www.ij.org/press-release/bipartisan-bill-in-congress-would-dramatically-reform-civil-forfeiture/

On Wednesday, Reps. Tim Walberg (R-MI), Jamie Raskin (D-MD), Thomas Massie (R-KY), Tony Cardenas (D-CA), Tom McClintock (R-CA), and Bobby Rush (D-IL) reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), which would enact a sweeping overhaul of federal civil forfeiture laws. Under civil forfeiture, the government can permanently confiscate property without charging anyone with—let alone convicting them of—a crime. Worse, federal law even encourages law enforcement to forfeit property by letting the seizing agencies keep up to 100 percent of forfeiture proceeds.

“For too long, tens of thousands of Americans have lost their hard-earned savings, cars, businesses and even their homes to an unjust civil forfeiture system,” said Darpana Sheth, a senior attorney at the Institute for Justice and who heads IJ’s End Forfeiture Initiative. “The FAIR Act is a bold effort that would enact urgently needed reforms and end many of the appalling practices endemic to current law. Critically, the FAIR Act would end the perverse financial incentives that fuel forfeiture abuse,” Sheth added.

The FAIR Act would enact the following changes to federal civil forfeiture:

  • Ban the U.S. Department of Justice from retaining forfeiture proceeds and instead re-directs all forfeiture proceeds to the General Fund of the Treasury. In 1986, the DOJ’s Assets Forfeiture Fund took in $93.7 million in forfeiture revenue, but by 2018, annual deposits had topped $1.3 billion;
  • Abolish the “equitable sharing” program, which violates federalism principles and allows local and state law enforcement to collaborate with federal agencies and collect up to 80 percent of the proceeds, even if that would circumvent state restrictions. From 2001 to 2013, the DOJ distributed more than $4.7 billion in equitable-sharing money, according to a report by the Institute for Justice;
  • Shift the burden of proof from the property owner onto the government, restoring the presumption of innocence;
  • Raise the standard of proof in civil forfeiture proceedings from “preponderance of the evidence” (i.e. more likely than not) to “clear and convincing”;
  • Provide legal representation for those who cannot afford it in civil forfeiture proceedings;
  • Limit forfeiture for currency “structuring” only when funds in question are derived from an illegal source or used to conceal illegal activity, codifying a 2014 IRS policy change in response to documented abuses; and
  • Allow individuals and small business owners to request a prompt hearing to contest the seizure of their funds for alleged structuring violations.

Reforming civil forfeiture is the rare political issue that transcends party lines. The national platforms for both the Democratic and Republican Party have endorsed forfeiture reform, as have the editorial boards for over 130 different newspapers. And last month, the U.S. Supreme Court issued a unanimous landmark decision, which ruled that state civil forfeiture cases are bound by the Eighth Amendment’s ban on “excessive fines.”

On the state level, forfeiture reforms are currently under consideration in 12 states. Missouri and Rhode Island have advanced legislation that would close the equitable-sharing loophole. Most sweeping of all, Minnesota, Nevada, and South Carolina, could completely abolish civil forfeiture, a move that would generally require a criminal conviction to forfeit property and would ban police from self-financing with forfeiture revenue.

Since the Institute for Justice began its End Forfeiture Initiative in 2014, 30 states and the District of Columbia have enacted forfeiture reforms.

The administration “failed to conduct a comprehensive legal analysis” of three NSA-style bulk data collection programs, according to the Justice Department Inspector General.

The administration “failed to conduct a comprehensive legal analysis” of three NSA-style bulk data collection programs, according to the Justice Department Inspector General.

https://www.nextgov.com/analytics-data/2019/03/dea-never-checked-if-its-massive-surveillance-operations-are-legal-watchdog-says/155907/

The Drug Enforcement Administration skirted numerous legal checks on a trio of bulk data collection programs dating back to the early 1990s, according to an internal watchdog.

In a heavily redacted, 144-page report published Thursday, the Justice Department Inspector General revealed the administration failed to fully assess the legal basis for three massive international surveillance operations that ran largely unchecked from 1992 to 2013. Two of the programs remain active in some form today.

Under one initiative, which investigators called “Program A,” the administration used “non-target specific” subpoenas to force multiple telecom providers to provide metadata on every phone call made from the U.S. to as many as 116 countries with “a nexus to drugs.” Investigators found some companies also provided the officials with data on all calls made between those foreign countries.

The administration also conducted two other bulk surveillance programs during that time without assessing their legality, investigators found. Under “Program B,” officials used similarly sweeping subpoenas to collect information on anyone who purchased specific products from participating vendors. Through “Program C,” DEA purchased telephone metadata for targets of ongoing investigations through a contractor for a separate government agency.

Program B ran from 2008 to 2013, and Program C began in 2007 and remains active today, according to the IG.

Investigators found the administration “failed to conduct a comprehensive legal analysis” of actions under all three programs. Previous court rulings have called into question the use of the sweeping subpoenas under programs A and B, they said. According to the report, the FBI also raised concerns about the legality of the operations.

“We also found the absence of a robust legal review troubling because the DEA utilized the bulk data collected … on an unknown number of occasions in support of investigations by non-DEA federal agencies that had no apparent connection to specific drug investigations,” the IG added. “This utilization raised significant legal questions” because the administration justified its actions by saying the information “was ‘relevant or material’ to a drug investigation.”

The administration also never clearly determined whether its existing subpoena authority extended to the data provided through Program C, investigators said. The IG also found proof that DEA officials exploited certain investigative practices to keep prosecutors from sharing evidence with defendants.

DEA significantly scaled back Program A after Edward Snowden revealed the existence of similar sweeping surveillance programs at the National Security Agency, according to investigators. In 2014, the administration started subpoenaing metadata on calls made from phone numbers specifically tied to federal investigations. This more narrow surveillance program remains active today, the IG said.

Under target-specific data collection operations, DEA officials must provide “reasonable articulable suspicion” that the target is involved in drug activity, but investigators found there were few safeguards to ensure they did so. The administration set no specific standards of proof for issuing subpoenas, and officials often justified data collection using “generic” and “cursory” explanations, the IG found.

“The information provided [in subpoena documents] often lacks specificity sufficient to establish the particularized facts or basis for connecting the target number to a drug investigation, even if such review had occurred,” investigators said. They added the administration’s auditing process also did little to assess the relevance of the subpoenas it issued.

Additionally, the DEA lacked any policies governing how long data collected under Program B could be stored, according to the IG. The information still resides on its servers today, and officials have no final plan for getting rid of it, investigators said.

The IG began reviewing DEA’s bulk data collection programs in 2013, but according to investigators, the administration “took many actions that hindered the OIG’s access to information available to it that the OIG was plainly authorized to obtain.”

Though the programs have been largely curtailed or discontinued altogether, investigators noted there’s nothing to prevent the administration from launching similar operations in the future. The IG made 16 recommendations that would help ensure future programs are conducted “appropriately and consistently with the law … civil rights and civil liberties.”

“DEA is committed to ensuring its practices comply with all Department of Justice policies and procedures and continue to be vetted through a rigorous legal review,” DEA Spokesperson Katherine Pfaff said in a statement to Nextgov. “The DEA agrees with the OIG’s recommendation … and has already begun enhancing these processes.”