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UNITED STATES V. DEBORAH S. BORDEAUX, M.D. - Background
See also:
Decision in Appeal of Alerre, Bordeaux, and Jackson: Convictions Affirmed; Sentences Vacated; Remanded for Resentencing; 2005-12-01
 
Special Resource Collection:  War on Pain Sufferers #6 - The Myrtle Beach Massacre
 

By Eli D. Stutsman, Attorney at Law. Stutsman is representing Dr. Bordeaux in appealing her conviction for distribution of controlled substances. This document is available on Mr. Stutsman’s website: [http://www.elistutsman.com/default.asp?id=12&mnu=12]. Originally posted 11/27/2004: [http://www.doctordeluca.com/Library/WOD/USvBordeauxBack04.htm].

Eli Stutsman (see his web site); (see also Stutsman contact info),
a lawyer with Death with Dignity, who also represents physicians charged by the DEA, sued John Ashcroft [Complaint (1.21 MB)] and the DEA in federal district court on behalf of a physician and pharmacist, setting important precedents in the process.

[PDF printer format]

Deborah S. Bordeaux, M.D. was tried and convicted of distributing controlled substances in violation of the Controlled Substances Act (CSA) after working less than three months at a South Carolina pain treatment clinic.

Dr. Bordeaux, a temporary employee, passed through the clinic shortly after the clinic had come to the attention of the Drug Enforcement Administration (DEA) but well before the bulk of the investigation was completed.

Nine physicians were indicted overall. Five physicians entered into plea agreements and testified against their medical colleagues at trial. A sixth physician also pled guilty but committed suicide before trial.

The remaining three physicians, including Dr. Bordeaux, went to trial. All three were convicted. Dr. Bordeaux, who is now facing sentencing and lengthy imprisonment, continues to maintain her innocence.

Mr. Stutsman was hired by the Pain Relief Network (PRN), a non-profit organization, to develop Dr. Bordeaux's appeal as a test case and, in so doing, to lay the groundwork for improved defense strategies nationwide.

Sentencing was held February 17, 2004 in Florence, South Carolina. Although the federal government recommended imposition of a 100 year sentence, Dr. Bordeaux was sentenced to eight years and one month. Dr. Bordeaux's notice of appeal has been filed.

On March 15, 2004, Mr. Stutsman argued a motion urging the federal district court to allow Dr. Bordeaux to remain free pending her appeal. That motion has not yet been decided.

Dr. Bordeaux's trial and conviction is typical of the many DEA investigations and prosecutions that today seek criminal convictions based upon the wrong legal standard.

Review of the 11 day trial transcript reveals that Dr. Bordeaux was prosecuted under the medical malpractice standard familiar to physicians and attorneys as the "standard of care." The correct legal standard in a criminal proceeding under the CSA is, however, the "course of professional practice," not the civil standard of care.

Review of the trial transcript further exposes the DEA's complete confusion over the applicable legal standard. One fascinating yet painful aspect of Dr. Bordeaux's trial is that only the federal district court judge correctly understood that the course of professional practice standard was a different legal standard than the civil standard of care.

Puzzled by so much civil standard of care evidence in a criminal proceeding, and hearing no objections from the defense lawyers, judge Weston C. Houck raised his own objections. The federal prosecutor resisted and, unfortunately, the defense lawyers either agreed with the federal prosecutor, or they remained silent. Judge Houck raised his objections many times and his frustration is evident from the Annotated Excerpts of Trial Transcript made available elsewhere on this website.

Dr. Bordeaux's appeal is a test case challenging the DEA's prosecution strategies and tactics. Legal briefing is currently underway. The case will be argued and decided later this year.

Eli D. Stutsman - Attorneys at Law
A Professional Corporation
The American Bank Building; 13th Fl.
621 S.W. Morrison; Portland, OR 97205
Phone: (503) 274-4048 // Fax: (503) 274-4059

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