Physician sentenced to 21 months for drug fraud

A medical doctor from Colville betrayed society’s trust when he involved his patients in a scheme to fraudulently obtain prescription pain medications to fuel his personal addiction, a federal judge said Wednesday.

“The involvement of your patients in this was a terrible thing,” U.S. District Court Judge Robert Whaley told Dr. James R. Alderson before sentencing him to 21 months in prison – the maximum under sentencing guidelines.

The judge allowed Alderson to remain free and “self-report” to a federal prison once the U.S. Bureau of Prison designates a facility.

The 53-year-old podiatrist confessed last September to writing prescriptions to various patients who came into his Colville clinic. The patients filled their prescriptions and returned the drugs to Alderson, who had relapsed into a drug addiction he first faced in 1988.

He was suspended from the practice of medicine in Michigan in 1988 after self-reporting his use of Demerol to state medical licensing officials.

Alderson was readmitted to the practice of medicine in Washington in 1991, but his license was suspended in 1995 when he again began using prescription drugs and self-reported his addiction.

He resumed practicing medicine in 2001 but his license was suspended again following an investigation by the U.S. Drug Enforcement Administration.

Alderson was arrested in December 2003 and later indicted on 55 counts of writing fraudulent prescriptions.

Since then, he has been out of jail under strict supervision. He voluntarily has completed two in-patient drug treatment programs and a third as an out-patient, Federal Defender Roger Peven told the court.

Assistant U.S. Attorney Joe Harrington urged the judge to enhance Alderson’s sentencing range because he had “abused a position of trust.” The judge agreed.

“I’ve thought a lot about your case,” Whaley told Alderson. The judge said he has seen a lot of criminal defendants with drug-dependency addictions, “but they’re usually people who are poor without a lot of hope.”

“I look at you and I see in you a person that our society expects more of and demands more of,” Whaley told the physician.

Peven argued that Alderson had not prescribed pain pills to any patient who didn’t need that kind of medication.

But that prompted the judge to ask about a DEA informant who went to Alderson and was prescribed a pain medication for a toe fungus.

“When you involved your patients in your offense … to me it’s a serious thing,” the judge said.

Whaley noted that Alderson has been suspended from the practice of medicine twice before for abusing prescription drugs but wasn’t prosecuted criminally.

“I believe it got to the point where you were prescribing drugs that people didn’t need,” the judge told the defendant. Whaley said a three-year prison term probably would be more appropriate.

“There is a deterrent effect here,” the judge said, saying he regretted that Alderson will only be on one year of parole supervision once he gets out of prison.

“I’m responsible for the things I did,” Alderson said when he addressed the court.

“I’m very apologetic for the things I’ve done to the people I’ve brought into this,” he said. “I hope that they forgive me for what I did do.”

Alderson said he realizes he likely will never be able to return to the practice of medicine.

“The most important thing in my life right now is that I stay in recovery and find other avenues in my life,” he said.

After the sentencing, the prosecutor said the case shows the Justice Department will pursue everyone breaking the nation’s drug laws, including doctors.

“The DEA is investigating these types of cases in this area,” Harrington said. “Doctors violating the law will be prosecuted and their government will see jail time.”

“Physicians are reminded that if they develop substance abuse problems, they need to take advantage of programs for the treatment of drug abuse, including programs specifically available to those in the medical profession,” he said.

“In this case, by using his patients to acquire drugs for him, Dr. Alderson aggravated his situation by committing numerous felony offenses,” the prosecutor said.