Psychic Sent to Prison for 5 years for Fraud – So can we jail them all now?

Via Ed I find out about a Psychic in Colorado sentenced to 5 years for fraud.

BOULDER, Colo. (CBS4)- A woman claiming to be a psychic has been sentenced to five years behind bars for stealing more than $300,000 from her clients.
Nancy Marks told her victims she needed their cash and credit card numbers to “draw out bad energy.”
In Dec. 2010, a jury in Boulder found Marks guilty on 14 counts of fraud and tax evasion.


Now here is what I find confusing. How is this woman different (other than the tax evasion) from other psychics who claim to be able to predict the future, talk to ghosts, or otherwise lie in order to extract money from their victims?

“One of our victims had a son who was thought to be dying within less than a year. All of them were desperate. She in particular was desperate to find some way to save him,” said Deputy District Attorney Mike Foote.
Foote said Marks’ fraud was deliberate. She groomed their victims, he said, and then ruined their lives. She convinced them to turn over cash, bank account numbers and credit cards so she could “scare the evil out of them.”
Foote told the judge the only way to protect the community from Marks was to put her in prison.

I agree, the only way to protect the community from fraud is to imprison the fraudsters, but I’m still confused. How is this different from 1-900 numbers? Palm readers? Tarot readers? etc? Her victims were just more gullible? She took more money under false pretenses than is standard? Isn’t this really just a matter of degree?
Her lawyer’s defense seems particularly poor:

Marks’ attorney believes the sentence is too harsh and that the victims the jury believes she scammed, kept returning to her for advice.
“I think the sentence is over the top because I really think that the victims in this case were complicit,” said Defense Attorney Stanley Marks.
Marks said the victims may have been duped but no one held a gun to their head. He argued for probation in exchange for restitution.

This is a weak argument. Fraud, simply, is lying to someone in order to extract money or otherwise take advantage of or harm the victim. Just because it doesn’t involve guns doesn’t make it any less criminal, or any less wrong.
I know inevitably people will show up in the comments and say the victims deserved it, or that it’s Darwinism in action. But blaming the victim of fraud is pretty low. Just because someone is stupid, or gullible, does not make it OK to steal their money. And it isn’t Darwinism unless it prevents them from passing on their genetic material. No one has demonstrated to me that the stupid are any less fecund than the smart. If anything the opposite is the case.

Irony meters just exploded all over the world – Natural News has article on how to spot a scam guru

Mike Adams, HIV/AIDS denialist, anti-vaccine crusader, germ theory denialist, and most recently, promoter of a child-protective services vaccine/sex trade conspiracy, actually has a contributor-submitted article on how to spot a scam guru.
The advice in the article isn’t terrible. Don’t believe inflated claims. Don’t believe people who say “anyone can do it” or create fake organizations to legitimize themselves. I just can’t figure out what it’s doing at Natural News. It also is missing some other signs you are being scammed by a false guru such as:

  1. You are at Natural News
  2. You are listening to Mike Adams
  3. You listen to people referred to as “gurus”

Any other ironies I’m missing here?

Virginia Ultrasound Bill Back from Dead

Turns out I gave Virginia governor McDonnell too much credit after he rejected the VA ultrasound bill on the grounds the state should insert itself into medical decisions. He’s gone and flip-flopped as a slightly revised version of the bill passes through the VA Senate:

The 21 to 19 vote, mostly along party lines, came a week after Gov. Robert F. McDonnell (R) asked legislators to revise the bill following protests on Capitol Square and repeated mocking on national television. Lawmakers amended the original bill, which mandated that women undergo a transvaginal ultrasound, a procedure that requires a probe be inserted into the vagina.

The bill will head back to the Republican-led House of Delegates, which already voted for similar measures this year and is widely expected to do so again. McDonnell, who signed legislation last year that imposed new regulations on clinics that perform abortions, told reporters that he will review the legislation but supports the concept.
“I think women have the right to know all of the medical information before they make a very important choice,” McDonnell said.

This is nonsense. Women know fully well what an abortion is and what it means. And it’s not the state’s job to legislate what medical information is relevant to the patient. That is a physicians job and there is no legitimate medical reason to perform the maneuvers the state is legislating. The state is legislating unnecessary, and therefore unethical and unlawful medical procedures. This is also from the state that brought us Buck V. Bell, so I guess they’ll never learn.
It’s a very simple ethical issue. The state has no business dictating medical practice. Worse, dictating physicians perform an unnecessary and invasive procedure is the state legislating unethical medical conduct. No physician should comply with this law, as I believe that forcing doctors to practice unethical medicine is unconstitutional.
Via Laden at ftb

Pennsylvania next in line to require transvaginal U/S prior to abortion

Pennsylvania is poised to enact a ultrasound bill even more stringent than Virginia’s failed bill.

Even as the transvaginal ultrasound bill in Virginia was causing national outrage, Pennsylvania conservatives were quietly pushing a even more restrictive abortion bill. The legislation is designed with so many difficult and differing restrictions that long-time abortion policy analyst Elizabeth Nash at the Guttmacher Institute told Raw Story, “I’ve never seen anything like it.”
In addition to mandating the much-maligned transvaginal ultrasound requirements since rejected by the state of Virginia, Pennsylvania legislators proposed strongly encouraging women to view and listen to the ultrasounds, forcing technicians to give the women personalized copies of the results and mandating how long before any abortion the ultrasound much be preformed — and that’s just for starters.
That last requirement has already been passed and struck down in Louisiana, partially over concerns of patients’ privacy and potential risks for women in abusive relationships, Nash said.
“This bill definitely suffers the legislators-playing-doctor problem. … There are a number of requirements in this bill that are medically unnecessary,” Nash said, pointing out that so many requirements packed into the 22-page bill could make it logistically difficult for abortion providers to comply with them. “This bill is something that would be unacceptable to most women seeking an abortion.”

You know how I feel about this. Legislating unnecessary medical procedures is unethical and unlawful, and real Republicans don’t believe government should legislate medical decisions. Hopefully this bill will suffer a similar fate.

Rick Santorum: usually wrong, never in doubt

There is a joke expression about surgeons, “sometimes wrong, never in doubt.” Depending on how you feel about surgeons I’ve heard it begin “sometimes right” and “even when wrong.” Applied to Rick Santorum, I think it has to be “usually wrong” if not “always wrong” given the serious of ridiculous distortions, lies, and made up statistics in the last week.
Starting with his claim that 62% of people that go to college religious graduate without their faith. It seems plausible. College expands peoples experiences and exposes them to new ideas, and such experiences are not going to always mesh with fundamentalist writings of long dead priests. Well, while counterintuitive it actually turns out to be the opposite case. Those who do not attend college may be at higher risk of losing their religion.

“There is no statistical difference in the dropout rate among those who attended college and those that did not attend college,” said Thom Rainer, president of the Southern Baptists’ LifeWay Christian Resources research firm. “Going to college doesn’t make you a religious dropout.”
A 2007 LifeWay survey did find seven in 10 Protestants ages 18 to 30 who went to church regularly in high school said they quit attending by age 23.
The real causes: lack of “a robust faith,” strongly committed parents and an essential church connection, Rainer said.
“Higher education is not the villain,” said Catholic University sociologist William D’Antonio. Since 1986, D’Antonio’s surveys of American Catholics have asked about Mass attendance, the importance of religion in people’s lives and whether they have considered leaving Catholicism.
The percentage of Catholics who scored low on all three points hovers between 18 percent in 1993 and 14 percent in 2011. But the percentage of people who are highly committed fell from 27 percent to 19 percent.
“Blame mortality,” D’Antonio said, “The most highly committed Catholics are seniors, and they’re dying out.”

Do colleges indoctrinate the young to turn on their parents and reject religion? Salon argues they do a little bit, but the indoctrination that tends to be found on college campuses is on pretty universally accepted issues like rejecting racism and homophobia, both of which a majority of Americans now believe are repellent. But to politicians like Santorum, teaching tolerance is a major drawback to college attendance. The claim that colleges engage in indoctrination against religion is bogus, however, unless one is referring to religious beliefs in discrimination against other races and homosexuals.
If anything the opposite is the case as studies have shown higher rates of religious “drop out” among the less-educated. Politifact also challenges his statement that Obama wants everyone to go to college cause he’s a snob.
And how about all his other wacky claims? That prenatal screening causes abortion? Or that JFK believed religious people shouldn’t serve in government?
Continue reading “Rick Santorum: usually wrong, never in doubt”

Elsevier Blinks, Will No Longer Support Research Works Act

In a victory for science, and those who favor open access for the easy dissemination of scientific results to the public and scientists around the world, Elsevier has withdrawn support for the Research Works Act.
I think credit has to go to Tim Gowers calling for and Michael Eisen spreading the word on the boycott and getting Elsevier’s attention. Eisen initially brought our attention to the bill which would have allowed Elsevier to break with the growing tendency towards putting science payed for with tax dollars into open access databases. The Research Works Act would allow them to erect pay walls on publicly-funded research and it was out of line with where science publishing has been going for the last decade. By calling attention to it and pushing back against Elsevier, the publisher that seemed to be largely behind the new legislation, Gowers and Eisen appear to have effectively killed support for this bill. If congress gets the message hopefully it will sink into oblivion.
We have to be vigilant for future efforts to restrict open access such as this bill. After the public spends millions on individual research projects, scientists spend years making discoveries, and peer reviewers donate their time to critique and improve the presentation of the data in the manuscripts, it’s exceedingly arrogant that publishers feel they own those results for decades just because they came in at the end as the publisher. While publishing is a capitalist enterprise and they should make money, their compensation should be proportionate to the effort and investment they put into the manuscript. The reality is, their contribution is vanishingly small compared to the efforts of scientists and costs to taxpayers. With the expansion of online databases, the decreasing costs of distribution of information, and the role of the internet in science communication, they can no longer justify their strangle hold on scientific results for decades after initial publication.

VA Ultrasound Bill looks Dead

And good riddance. It sounds like the Governor saw this bill would be more trouble than it’s worth.

Virginia Gov. Bob McDonnell (R) revoked his support for the original bill just minutes before the House began debate on it, saying that the government did not have the power to require the transvaginal procedure.
“Mandating an invasive procedure in order to give informed consent is not a proper role for the state,” McDonnell said in a statement. “No person should be directed to undergo an invasive procedure by the state, without their consent, as a precondition to another medical procedure.”

Now that’s what Republicans should stand for. The state should not legislate which medical procedures are appropriate over physicians expertise and their relationship with their patient. The state should not discriminate against a class of citizens. A state should also not legislate unnecessary and therefore unlawful/unethical medical procedures. While I’m sure this was a purely political decision, he did Virginia a big favor. He’s saved the tax payers money by preventing the inevitable lawsuits in defense of this worthless legislation. He’s also kept the government out of people’s personal lives and doctor’s medical decisions. If Republicans actually stood for such principles consistently I might one day vote for them.
Update:
Obama leads Romney by 6% in Virginia, and by 10% (49%-39%) nationally according to Rasmussen polling.
Hmm. Maybe pissing off women by attacking contraception and reproductive rights isn’t such a good strategy after all?

Conservatives crow over push for privatization in British NHS, compare apples to oranges

Hot Air and the daily caller are excited to pronounce socialized medicine dead as the British NHS plans to contract with private hospitals and providers on top of socialized care. From The Caller:

Joseph A. Morris, a former Reagan White House lawyer who now serves on the board of the American Conservative Union, told TheDC that socialized medicine has turned out to be a threat to Britons’ health, and to their economy as well.
“Europe’s message to the world is no longer that the socialist dream of the cradle-to-grave welfare state is an easy achievement,” Morris said. “Rather, it is the shouted warning that it is a fool’s paradise. The bills are coming due and the only real alternatives — serious financial reform of government or national bankruptcy — are not pleasant.”
Morris added that the British government, “unlike the Obama administration, is hearing the warnings, identifying its greatest vulnerabilities, and trying to race ahead of the deluge.”

Well, yes and no. The British government is interested in passing a bill that would allow private providers to be contracted by NHS and ostensibly compete with NHS where NHS is lagging. It’s hard to tell from coverage exactly what provisions will ultimately be in this bill, although the overriding goal seems to be to introduce “competition” into the NHS. Although, it’s hard to imagine the NHS being more efficient with introduction of competition as the Brits spend roughly half as much per capita and a much smaller fraction of their total GDP on health care compared to the US.
But are our right wingers correct that this is the death of socialized medicine and should be a warning about Obama care?
Continue reading “Conservatives crow over push for privatization in British NHS, compare apples to oranges”

Forcing Doctors to Perform Unnecessary Medical Procedures is Unethical and Unlawful

Many bloggers and commentators have expressed outrage over the decision by Virginia to require ultrasound examination, possibly transvaginal ultrasound, prior to women obtaining an abortion. From Bill Maher to Dahlia Lithwick people are outraged and have even suggested that it should be considered rape to force women to undergo vaginal examination by ultrasound prior to receiving abortion. Worse, it’s clear from statements like this one by delegate Todd Gilbert, that there isn’t a medical concern related to this intervention. It’s simply designed to humiliate women and interfere with the doctor patient relationship with exclusively anti-abortion motivations:

“the vast majority of these cases [abortion] are matters of lifestyle convenience.” And, 

”We think in matters of lifestyle convenience and in other matters that it is right and proper for a woman to be fully informed about what she is doing.

This just reflects how stupid these guys are, because anyone with half a brain could come up superficially plausible defense of the statute from grounds of medical safety. They’re just too brainless to do so and clearly are just trying to interfere with women and their doctors as they try to make a difficult decision.
There are some indications for ultrasound prior to abortion. Many physicians performing the procedure or especially offering medical abortion might perform a transvaginal ultrasound prior to proceeding. It can serve a few useful purposes. It can help confirm intrauterine pregnancy as well as uterine location. It may be needed to assess patients in their postoperative exam or medical follow up visits to rule out retained products of conception. In cases of uncertain dates, it can give you gestational age of the fetus, which may be critical in determining the appropriateness of the subsequent procedure used. After all, medical abortion is typically limited to the first 9 weeks and uncertainty about gestational age should result in ultrasound prior to use of medical abortifacients.
However, neither the FDA nor any professional organization of obstetricians and gynecologists indicate ultrasound should be a required component prior to medical or surgical abortion. The procedure is often unnecessary. So, what Virginia has done has legislated a requirement for an unnecessary medical procedure, unsupported by any professional medical association, on a specific subpopulation of women. Given the history of forced sterilization in Virginia, you’d think they’d be more sensitive on this issue. This is the state where Buck v Bell brought the issue of forced medical procedures to light.
This statute cannot, therefore, stand on either medical ethical or constitutional grounds. The state legislature can not force me or any other physician to perform an unnecessary, and therefore unethical, medical procedure. The state legislature can not pick on a subpopulation of citizens and force them to receive an unnecessary medical procedure.
I don’t think this law will stand, but it once again will require a legal fight, waste of time and resources, and all of this once again in a effort by governmental busybodies to interfere in women’s health decisions in a punitive fashion. The Republicans need to watch out. This is just another indication of a the size of the assault on women’s reproductive rights, and if they keep pushing, they’re going to see what a mistake it is to piss off 51% of the population.
**Update: I also noticed from Lithwick’s article Virginia has enacted a personhood law saying life begins at conception. More idiocy. This is like Indiana legislating the value of pi = 3. It is unscientific and illogical. Life does not begin. It is continuous. There is no dead state between parents and offspring. Sperm are alive, eggs are alive, the fusion of the two is alive. Instead they are legislating what constitutes life that is important, or more likely “ensouled”. As a fundamentally philosophic/religious and ultimately arbitrary point, government has no business legislating such a thing. But legislating that life has a “beginning” is biologically ignorant.

Drug Shortages Reveal the Free Market is Failing Our Sickest Patients

**Update, the NYT has an editorial in their Sunday edition recommending the passage of two bills in congress requiring advanced notice from drug manufacturers in event of likely shortage.
i-1ae05c713060a45402a652d348e56148-pngHealth affairs discusses the increasingly frequent shortages of critical, life-saving, generic drugs. This is a serious problem that seems mostly limited to the U.S. healthcare system, and may adversely affect you or someone you know.

Many of the same drugs are not in such short and unpredictable supply in Europe, where in some cases they carry higher prices. This provides one major clue to the root cause: It’s the money.
Three of every four drugs on the US government’s shortage list were sterile injectable drugs, according to a report by HHS. For the most part, these are relatively low-cost generics. Simply put, most of those drugs are not very profitable to produce and sell, or supplies of them would not have dried up.
At an online presentation for journalists in November, Valerie Jensen, associate director of the FDA’s Drug Shortage Program, provided a casebook example. She mentioned the price of the tried-and-true sedative propofol, a lethal dose of which was found to have caused the death of singer Michael Jackson: The cost is forty-eight cents for a twenty-milliliter vial. “The older, sterile injectables are not economically attractive” for manufacturers to produce and market, Jensen said. Other generic drugs can have higher profit margins.

Propofol, one of the most frequently used drugs by anesthesiologists, is in increasingly short supply. I get emails from my hospital about which drugs are in short supply as physicians then try to ration these drugs for the most critical cases. In my own experience in the last year I’ve seen shortages of everything from injectable calcium gluconate (for electrolyte deficits), to levophed (a life-saving pressor used in critical care), metoclopramide (anti-nausea), and fentanyl (a powerful and useful short-acting narcotic). The FDA has a full list of recent shortages and it’s scary. Parents are having trouble finding drugs for their kids’ ADHD, vital chemotherapeutics like daunorubicin and doxorubicin are in short supply, dexamethasone (a powerful steroid), valium, digoxin (a staple of congestive heart failure and anti-arrhythmic treatment), diltiazem (hypertension and anti-arrhythmic), phenytoin (anti-epileptic also often used in acute brain injury), furosemide (an ubiquitous diuretic), haloperidol (anti-psychotic and sedative), isoniazid (a antibiotic used in TB), ketorolac (an excellent anti-inflammatory and analgesic), levofloxacin (a quinalone broad spectrum antibiotic), methotrexate (immune modulator), midazolam (a great short acting sedative), naltrexone (for reversing opioid overdose), vasopressin (another pressor) all are in short supply.
The drugs affected span all classes, what they have in common is they are all generic. Since there is too much competition in generics and too little profit margin, drug companies do not have a financial incentive to maintain adequate stocks to keep the drugs cheap and available. Shortages, if anything, increase profits because then the prices become artificially inflated.
Manufacturers, not surprisingly, blame the FDA, however the FDA hasn’t changed its standards despite increasing problems with shortages due to contamination or impurity. And that’s just for manufacturers in this country, fully 80% of the medications are produced, or active ingredients are produced, abroad. The main problem seems to be a concentration of production to a handful of companies that have adequate production capacity to compete in the generic market:

There is also a high level of concentration in US manufacturing for such drugs. That leaves little redundancy in the market as there would be for, say, generic statins. Three companies in particular–Hospira, Teva, and the Bedford Laboratories division of Boehringer Ingelheim–have been involved in selling 71 percent of the sterile injectable market by volume, the government says.7 All three have had manufacturing problems in the past two years.
With such consolidation as well as tight inventory management practices, the specialized manufacturers of injectable drugs lack the flexibility to adapt to manufacturing disruptions. If one plant shuts down, it may overburden the limited remaining competitors or choke off the supply entirely.

It’s hard to estimate the effects of these shortages, I don’t have good data on the damage done nationwide, only my personal experience. In particular, I remember during an ICU rotation running out of levophed, an incredibly important pressor that helps patients who are in shock from becoming fatally hypotensive.
Continue reading “Drug Shortages Reveal the Free Market is Failing Our Sickest Patients”