-Caveat Lector- http://www.rockymountainnews.com/news/1031dea5.shtml November 1, 1999 Golden doctor fights drug agency for return of his luxury car By John Accola Denver Rocky Mountain News Staff Writer Federal agents say James R. Metzger, a Golden physician, was on a drug run for himself when he drove to a Safeway pharmacy in April and picked up a prescription of 60 codeine-laced pills. Sensing something was amiss with Metzger's explanation that the prescription was for a patient, the pharmacist promptly notified the Drug Enforcement Administration. Now the 38-year-old doctor is fighting the DEA in Denver federal court for the return of his 1999 Lexus RX300. The $40,000 sport utility vehicle was seized from Metzger's home earlier this month under civil forfeiture rules that allow law enforcement agencies to confiscate property that may have been used to commit a crime. Metzger has yet to be charged with breaking any law. But the DEA says he has confessed to prescribing narcotic medications "in the names of friends, neighbors and family" then using the drugs for himself. According to court forfeiture documents, Metzger told DEA agents that he had been ingesting an average of four Vicodin tablets a day for the past two years. He also admitted to calling in other bogus prescriptions for narcotics and driving to various pharmacies to have them filled, says a Sept. 29 affidavit signed by Denver DEA agent Paul Jaster. Last week in U.S. District Court, Metzger filed a claim of ownership for the Lexus, denying it was used "in any manner to facilitate the transportation, sale, (or) concealment of forfeitable drugs." Metzger, who the Colorado Board of Medical Examiners says is no longer practicing medicine but still holds a valid Colorado medical license, declined to comment on the forfeiture case. Peter Metzger, the doctor's father, said his son had recently finished several months of treatment at a drug rehabilitation center and is trying to pull his life back together. "He was away for three months ... and they (DEA) wait till now to seize his car," Peter Metzger said. "We thought it was strange. I can't see any reason behind this." Defense attorney calls seizure excessive Criminal defense attorneys say the case is one of the most extreme applications of asset-forfeiture laws they've seen in Colo rado in years. "It's legalized thievery," said Denver attorney Larry Pozner, past president of the National Association of Criminal Defense Lawyers. "The government stole that car, and it's disgusting. You have what appears to be a citizen with a drug problem hurting no one but himself and cooperating with police. But instead of just trusting this case to the criminal justice system, they take away his car, which has virtually no relationship to writing out a false prescription." Assistant U.S. Attorney James Russel said the Lexus will remain with the DEA unless Metzger can prove in court that the luxury import was "innocent." DEA spokesman Dennis Follett said the absence of criminal charges against Metzger is irrelevant. Forfeiture rules require only that the DEA establish "probable cause" that the Lexus was used to obtain drugs illegally. "At this point in time, the DEA has no comment on the investigation," Follett said. Dick Weatherbee, spokesman for the U.S. attorney's office in Denver, defended the DEA's actions. "The law permits seizure and forfeiture independent of criminal charges or a conviction," he said. Even so, Weatherbee said "the fact that there is no arrest in this case is not indicative there won't be an arrest." Weatherbee suggested there may be more to Metzger's "confession" that he ingested most of the controlled substances he prescribed. In checking Metzger's story, Weatherbee said the DEA found that Metzger authorized and personally picked up 96 controlled substance prescriptions -- "a total of 5,760 dosage units" -- at 12 Denver-area pharmacies between May 1997 and May 1999. In reviewing the case, Denver criminal defense attorney Joseph Saint-Veltri characterized the Lexus forfeiture as "fairly extreme" for Colorado. "I would consider it out of the ordinary," he said. Originally intended as a weapon against drug kingpins and smugglers, asset forfeiture laws have been upheld by the Supreme Court in cases involving other criminal suspects and people suspected of less serious drug offenses. But Saint-Veltri said civil forfeitures have been thrown out in cases in which they appear to be out of line with the suspected criminal conduct. "The only moderator ... is essentially that the forfeiture must be in some way proportional to the criminal conduct," Saint-Veltri said. -- Kathleen The Pentagon says force recruits are in severe decline. Army recruiting is at a 20-year low, and who can understand why, when the Army's "Be all that you can be. .." campaign has been downgraded to the "I want to hang out with people as cool as me" campaign? Apparently, the promise of poverty, food stamps and substandard housing is not as big a draw as it once was. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. 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