Physicians: Behold Wen Ho Lee 

What does the case of Wen Ho Lee have to do with doctors?  Consider what happened to Dr. Lee when the feds targeted him in an espionage investigation.

According to an editorial by Robert Sheer, contributing editor for the LA Times, Dr. Lee was initially targeted by the feds regarding theft of the secret design for the W-88 warhead, the most advanced nuclear warhead in the U.S. arsenal.  When the story was leaked to the press, Dr. Lee was immediately fired from his Los Alamos job, and subjected to furious media attention.

When it later became apparent (and the feds were forced to admit) that Dr. Lee was not a suspect in that case, the feds shifted their attention to files Dr. Lee admits to downloading to a non-secure computer.  The feds retrospectively had those files declared top secret, and Dr. Lee was formally charged with stealing the "crown jewels" of U.S. weapons secrets.  Dr Lee subsequently passed a lie detector test (but was told by the feds that he had failed), and while under interrogation was pointedly reminded of what had happened to the Rosenbergs when they refused to confess and cooperate.  He was held in solitary confinement for 9 months before the feds tacitly admitted they could not substantiate their suspicions by dropping 58 of 59 charges (all of which carried a life sentence), and Dr. Lee plea bargained on the remaining charge.  Dr. Lee attributed his survival to his faith in God.

When releasing Dr. Lee, U.S. District Judge James A. Parker, apologized to him, and in a 7 page strongly worded statement, lambasted the executive branch for their handling of the case, and for their grossly unfair treatment of Dr. Lee.

DrRich comments

Who knows if Dr. Lee was really a spy?  It sure doesn't sound like it.  In any case, it certainly appears that if he was, the feds will never be able to prove it.  Innocent or guilty, Dr. Lee will hereafter be suspect by his fellow citizens. 

For physicians, the issue is not whether Dr. Lee is a spy.  The issue is: look what happens when the feds target a person for investigation.  Once they identify you as a possible lawbreaker, they will do whatever they have to do in order to prove their suspicions.  They use every means at their disposal to intimidate and terrorize.  They tenaciously pursue prosecution, and when the evidence they need fails to materialize, they try to extract confessions using techniques reminiscent of the Gulag.

The reason this ought to register with doctors is that the feds are not above using the same sorts of intimidation to extract "confessions" from doctors targeted for investigation under the new Health Care Fraud and Abuse statutes.  

It is tough for doctors to deal with the unfair tactics of HMOs, no doubt about that.  But HMOs cannot confiscate your office, records, property and freedom, and or ruin your ability to practice ever again.  The feds can. And the feds fervor in pursuing "fraudulent" physicians is no less intense than their fervor for pursuing suspected spies.

Since, based on the state of our present political discussions between Clintonians and Gekkonians, we are forced to choose between an HMO-dominated and a government-dominated health care system, doctors had better think long and hard before taking up arms against HMOs.

09/18/2000

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