The simplest understanding of what these rogue agents did was to create a fraudulent US Sentencing Commission Guideline against Dr. Henry Emery, an innocent family physician. It is our assumption that this fraudulent US Sentencing Guideline was shared then with the DOJ. It is our assumption that this fraudulent US Sentencing Guideline was used in the indictment against Dr. Emery.

There are two frauds that went into the creation of this fraudulent US Sentencing:

1). As is laid out in great detail in the letter to the Honorable Michael Horowitz, OIG, dated October 30, 2023, the undercover agents all indicated that they had a legitimate diagnosis for the use of buprenorphine. They then documented in their reports that they were given buprenorphine “for no legitimate medical purpose”. Nope. Sorry. You cannot do that. You cannot tell a doctor that you need buprenorphine for a dependency on opioids and then say in your report that you got buprenorphine “for no legitimate medical purpose”. That is fraud.

2). As is laid out in great detail in the letter to the Honorable Michael Horowitz, OIG, dated October 18, 2023, the agents received sixty tablets from Dr. Emery and the pharmacy. This number sixty tablets is confirmed in the medical record, the prescription, and, most importantly, the North Carolina Prescription Monitoring Program. Yet, on three occasions, twice by Agent Bradshaw and once by Agent Cromwell, the claim was made that the number one hundred and twenty pills were put into the evidence room. This is fraud. And this is fraud with the intent to harm and destroy an innocent physician.

This #120 was then used to create a fraudulent US Sentencing Guideline which was then used for an indictment against Dr. Emery