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Issue Home November 5, 2014 Site Home

From the Desk of the D.A.

On National Public Radio (NPR), reporter Nina Totenberg presented a legal case that comes straight out of the movies – federal agents pretending to be internet technicians to gain access to a suspect’s hotel room.  The case arose in Las Vegas – and I suspect there are few places in America that would provide the type of players necessary for this kind of story.  It involves Chinese gamblers and Caesar’s Palace – and an investigation to an illegal sports booking operation.  Now, the following facts come from papers filed by the defense – the Government has not answered the allegations – so take them with a grain of salt.

The FBI (and Nevada Gaming Commission) learned that several high level gamblers who had a history in China of illegal sports booking operations had come to Las Vegas to set up shop at Caesar’s Palace.  The FBI agents wanted to snoop around the suspects’ villas in the hopes of gathering enough evidence to get a search warrant.  But the problem would be how to gain access?  The FBI wired up their agents with hidden cameras and then sent them to the villas with laptops courtesy of Caesar’s Palace, and sought permission to enter the villas in order to verify that the internet connections worked.  The “butler” refused to allow them to enter the villas – and the refusal was allegedly caught on the hidden cameras.  Let’s stop the story there for a moment – the gamblers actually brought a butler with them from China – and it seems a very well-trained butler.

Thwarted in the initial ruse, the FBI agents allegedly decided to step it up a notch – they disabled the internet connection at the villas – and then returned as “technicians” after the gamblers called Caesar’s Palace to fix the problem.  The “technicians” were allowed to come inside to fix the internet – which was not really broken – where they essentially roamed from room to room taking photographs and collecting information.  In the multi-media room, they found a group of men watching World Cup soccer – and using their laptops to check on the odds assigned to each game.  In other words, they appeared to be gambling in Las Vegas!  The NPR story never really outlines what the FBI used to get its search warrant – but a search warrant was issued and contraband found.

The defense team now suggests that the FBI failed to tell a magistrate judge about the broken internet ruse – and how they obtained the “evidence” that was used to get a search warrant.  At this point, the cat is out of the bag – despite claims from the defense that the government tried to cover up its activities.  The defense is now challenging the search warrant contending that the “technicians” would never been allowed to enter the villas but for the government’s action of intentionally disabling the internet.

In the NPR report, one law professor presented the question as follows: “The theory behind this case is scary.  It means the government can cut off your service, intentionally, and then pretend to be a repair person, and then while they’re there, they spend the extra time searching your house.  It is scary beyond belief.”  While the government has not responded to any of these allegations, if the allegations are true, the law professor noted that the government would need to push the “law of consent beyond where it has ever gone before.”

If you were to review the various news reports on this story, it is clear that most legal experts are concluding that this misleading “consent” will not hold up in court – and if the information provided in the search warrant was obtained as a result of this subterfuge, then the rest of the government’s case will come crashing down like a house of cards.  So, if you are wagering on this one, the smart money is landing on the side of the bookies – not the costumed agents.

Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/.

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HowToTakePills©

Why is a mail order pharmacy not always a good idea?

Mrs. White stopped in at her neighborhood pharmacy to buy greeting cards and vitamins. “I haven’t seen you in a while,” the pharmacist said. “That’s because my insurance will only pay for my prescriptions if I go through their mail order pharmacy,” she replied, “And I’ve had many a headache with them. Deliveries of medications are sometimes late and there is really no one to speak with at this company.”

While receiving your prescriptions by mail may be convenient, inherent problems exist. There is medication waste with patients being mailed medications they did not order and could not return, according to the U.S. Centers for Medicare & Medicaid Services (CMS). The CMS also revealed that surprise charges occur. Example? When a patient is on limited funds and needs to decide when refills can be afforded but is automatically charged without first authorizing it. Often, brand name meds are being favored over less costly generics, with patients receiving bills with high co-pays. Shipping problems can endanger patients. Patients lament going days or weeks without their medication due to delivery delays, says the CMS. You cannot easily access your mail order pharmacist as you would a community pharmacist who could inform you of any drug interactions that may pop up. Instead, your prescriptions are being filled by mystery pharmacists who are not going to know you and your health problems.   

A recent Medicare analysis found that mail order prescription costs exceeded those of community pharmacies 40% of the time. Another study of Medicare claims observed that community pharmacies provide 90-day medication supplies at lower cost than mail order pharmacies and that local pharmacists substitute more affordable generics more often when compared to mail order pharmacies. Starting January 1, 2014, CMS required Medicare Part D prescription plans to ensure that their contracted pharmacies obtain your consent prior to shipping a new or refill prescription. Pennsylvania and New York have passed a law will allow patients a choice as to which pharmacy they use, and not be forced into a mandatory mail order plan. Other states are submitting bills to their legislature to ensure that patients have a choice. Many community pharmacies will match or lower the price of a prescription, thereby circumventing the insurance company. Just ask your community pharmacist. 

The pharmacist told Mrs. White that her state no longer requires that she have her prescriptions filled by mail. She said of her pharmacist, “It will good to get back a friend whom I trust and who knows me.”

Ron Gasbarro, PharmD is a medical writer, owner of Rx-Press.com and a pharmacist. Write him at ron@rx-press.com.

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The Coach’s Corner

Teenagers and Depression

My wife and I have had the privilege of raising 4 teenagers during the 29 years that we have been married. Although we wouldn’t trade the memories for anything, we both would admit that we are not sure we would want to go back and do it again. It is HARD work to raise teenagers in today’s world. Anyone who tells you differently either hasn’t raised teens or is lying.

However, as difficult as it is to raise teens today, it is equally as hard to be a teenager in our fast-paced, technology-driven culture. Today’s world has not proven to be very friendly to adolescents. According to the National Mental Health Association (NMHA), 1 in 12 teenagers suffers from depression. We all know that teenagers are prone to mood swings and an occasional meltdown. These behaviors are not indicative of depression. They are the normal expressions of an adolescent who is trying to navigate life at a time when they are undergoing unprecedented growth and change.

Depression has the power to take apart a teen’s personality. Seemingly well-adjusted teens can find themselves struggling with an overwhelming sense of fear, anger, loneliness, and sadness. What is most discouraging to me, as someone who has spent his adult life working with teens, is that only 1 of every 5 teens battling with depression ever get any help.

As parents and guardians of teenagers, we must be able to identify the signs associated with teenage depression. Below are a few of the signs that www.HELPGUIDE.org highlights as key indicators of potential depression among teenagers:

Sadness or hopelessness; Irritability, anger or hostility; Tearfulness or frequent crying; Withdrawl from friends and family; Loss of interest in activities; changes in eating and sleeping habits; restlessness and agitation; feelings or worthlessness and habits; feelings of worthlessness and guilt; lack of enthusiasm and motivation; fatique or lack of energy; difficult concentrating; thoughts of death or suicide.

As the new Ministry Director for Susquehanna County Youth for Christ, I am very concerned and committed to seeing that the teens in Susquehanna County have the best opportunity to succeed. I am convinced that the chances for success increase dramatically when you help students to develop in every area of their lives (physically, emotionally, mentally, socially, and spiritually). At Youth for Christ, that is our goal. If you have any questions as to how we can help you or your teens, please don’t hesitate to contact me at frank@nepayfc.com

If you suspect that a teenager is struggling with depression, do not wait to seek help. In the event of an emergency, you can contact NHS Human Services in Montrose, PA. They can be contacted 24 hours a day at 570-278-3393.

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