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Va. Doctor Convicted of Drug Trafficking...

Submitted by admin on Sun, 2007-04-29 05:53.

A pain-management doctor who prescribed large amounts of opiatesand drew patients from across the country to his northern Virginiaclinic has been convicted on 16 counts of drug trafficking by afederal jury.

The jury acquitted William E. Hurwitz on 17 other counts onFriday, and a judge dismissed 17 others, including the most seriouscharge _ drug trafficking resulting in death.

It was the second time in three years that a federal juryconvicted Hurwitz of drug trafficking. His 2004 conviction _ and25-year prison sentence _ was tossed out by a federal appealscourt, which ruled that a judge improperly barred the jury fromconsidering whether Hurwitz was acting in good faith.

Hurwitz faces up to 20 years on each count when he is sentencedon July 13.

Prosecutors argued that Hurwitz was no better than a common drugdealer who ignored obvious signs that his patients were dealers oraddicts.

"Drug traffickers come in all shapes and sizes _ this onejust happened to wear a white coat and be a doctor," U.S.Attorney Chuck Rosenberg said in a statement issued after theverdict.

Numerous patients had prescriptions for hundreds of pills a day,and one had a prescription for 1,600 pills a day. Several of hisformer patients testified against him, and prosecutors played tapesof conversations in which Hurwitz seemed to know that his patientswere selling their prescriptions.

Defense lawyers argued that Hurwitz was one of a handful ofdoctors in the country who was willing to risk persecution byauthorities and prescribe the doses necessary to alleviate patientsfrom crippling pain. Several of his former patients and theirfamily members testified on his behalf.

Hurwitz, whose high-profile advocacy of high-dose opioidtreatment once landed him on "60 Minutes," has beenscrutinized by authorities for decades, and has had his medicallicense suspended twice, in 1991 and 1996.

Between 1998 and 2002, Hurwitz drew more than 400 patients from39 states to his clinic in McLean. Prosecutors said the waitingroom was frequently occupied by stoned or sleeping patients withtrack marks on their arms.

The case against Hurwitz was part of a long-running federal,state and local investigation dubbed "Operation CottonCandy" that netted more than 130 convictions in Virginia andelsewhere for drug trafficking and prescription fraud of Oxycontinand other drugs.

Numerous physician and patient advocacy groups supportedHurwitz, and said his case should be dealt with by state medicalboards rather than criminal courts. Hurwitz received extensive probono legal assistance at his second trial.

Calls to Hurwitz's lead attorney, Richard Sauber, placedlate Friday were not immediately returned.

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