[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Notices]
[Pages 45258-45259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22686]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Gary C. Hassmann, M.D.; Denial of Application

    On January 13, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Gary C. Hassmann, M.D. of Tulsa, Oklahoma, 
notifying him of an opportunity to show cause as to why DEA should not 
deny his application for registration as a practitioner under 21 U.S.C. 
823(f), for reason that such registration would be inconsistent with 
the public interest. Specifically, the Order to Show Cause alleged 
that:

    1. Between February 1987 and August 1987, [Dr. Hassmann] met 
with DEA undercover agents on at least five occasions for the 
purpose of investing in a cocaine smuggling operation. During that 
period, [Dr. Hassmann] supplied the agents with $99,200.00 to 
finance the purchase of approximately fourteen kilograms of cocaine 
for distribution in the United States.
    2. On February 19, 1988, in the United States District Court, 
Western District of Texas, [Dr. Hassmann] pled guilty to one felony 
count of traveling in interstate and foreign commerce for the 
purpose of distributing the proceeds of an unlawful activity. [Dr. 
Hassmann was] sentenced to five years imprisonment.
    3. As a result of [his] conviction, on September 24, 1998, the 
Texas State Board of Medical Examiners revoked [his] license to 
practice medicine in that state. Effective February 1, 1991, the 
Oklahoma State Board of Medical Licensure and Supervision placed 
[his] state license to practice medicine on probation for a period 
of five years. In addition, on March 18, 1991, the New Jersey State 
Board of Medical Examiners revoked [his] license to practice 
medicine in that state.
    4. [Dr. Hassmann] materially falsified [his] December 23, 1995, 
application for [a] DEA Certificate of Registration by failing to 
indicate the revocation of [his] licenses to practice medicine in 
Texas and New Jersey and the imposition of probation on [his] 
Oklahoma medical license.
    5. On [his] December 23, 1995, application for [a] DEA 
Certificate of Registration, [Dr. Hassmann] applied for controlled 
substance authority in Schedules II through V. Subsequently, [he] 
entered into a written stipulation with the Oklahoma Bureau of 
Narcotics and Dangerous Drugs Control, effective September 1, 1996, 
in which it was agreed that [he] would be granted a limited 
narcotics registration on a probationary status for a period of five 
years. It was further agreed that during the five-year probationary 
period, [his] state narcotic registration would be limited to 
controlled substance authority in Schedules III, IV and V. 
Therefore, [Dr. Hassmann is] currently without authorization to 
handle Schedule II controlled substances in the State of Oklahoma. 
21 U.S.C. 824(a)(3).

    The order also notified Dr. Hassmann that should no request for a 
hearing be filed within 30 days, his hearing right would be deemed 
waived. The DEA received a signed receipt indicating that Dr. Hassmann 
received the order on February 4, 1998. No request for a hearing or any 
other reply was received by the DEA from Dr. Hassmann or anyone 
purporting to represent him in this matter. Therefore, the Acting 
Deputy Administrator, finding that (1) 30 days have passed since the 
receipt of the Order to Show Cause, and (2) no request for a hearing 
having been received, concludes that Dr. Hassmann is deemed to have 
waived his hearing right. After considering material from the 
investigative file in this matter, the Acting Deputy Administrator now 
enters his final order without a hearing pursuant to 21 CFR 1301.43 (d) 
and (e) and 1301.46.
    The Acting Deputy Administrator finds that between February and 
August 1987, Dr. Hassmann met on at least five occasions with 
undercover DEA agents for the purpose of investing in a cocaine 
smuggling operation. Dr. Hassmann supplied the undercover agents with 
$99,200.00 to finance the purchase of approximately 14 kilograms of 
cocaine for distribution in the United States. Dr. Hassmann indicated 
that he intended to take the profits from the sale of the cocaine and 
reinvest the money in the purchase of an additional 40 kilograms. On 
August 11, 1987, Dr. Hassmann was arrested and charged with attempted 
possession with intent to distribute cocaine in violation of 21 U.S.C. 
841(a)(1).
    Ultimately, Dr. Hassmann was charged in a one count information in 
the United States District Court for the Western District of Texas with 
the use of interstate facilities to commit a crime in violation of 18 
U.S.C. 1952(a)(1). The information charged that Dr. Hassmann traveled 
in interstate and foreign commerce with money from the Bahamas to the 
United States and distributed the money with intent to facilitate the 
attempted purchase and possession for distribution of a quantity of 
cocaine. Pursuant to a plea agreement filed on February 19, 1998, Dr. 
Hassmann pled guilty to the information and agreed to surrender his DEA 
and state controlled substance privileges. On March 24, 1998, Dr. 
Hassmann was sentenced to five years imprisonment and fined $25,000.00.
    On September 24, 1988, the Texas State Board of Medical Examiners 
revoked Dr. Hassmann's license to practice medicine in that state based 
upon his conviction and his failure to practice medicine in an 
acceptable

[[Page 45259]]

manner. Therefore, the New Jersey Board of Medical Examiners revoked 
Dr. Hassmann's license to practice medicine in New Jersey on March 18, 
1991, based upon his conviction and the revocation of his Texas medical 
license.
    On February 21, 1991, the Oklahoma Medical Board granted Dr. 
Hassmann a probationary license to practice medicine in that state 
subject to various conditions for five years, one of which was to 
refrain from alcohol and drug consumption. In 1994, upon Dr. Hassmann's 
request, the term regarding abstinence from alcohol was lifted. One 
month later, he was arrested and charged with first degree residential 
burglary and driving under the influence of alcohol. Dr. Hassmann pled 
guilty to the charges and received a one year deferred sentence. On 
September 6, 1996, the Oklahoma State Bureau of Narcotics and Dangerous 
Drugs Control granted Dr. Hassmann a limited license to handle 
controlled substances in Schedules III through V only, and placed him 
on probation until September 2001.
    On March 23, 1995, Dr. Hassmann submitted an application for 
registration with DEA. On the application, Dr. Hassmann answered ``No'' 
to a question (hereinafter referred to as the liability question) which 
asks whether ``the applicant ever had a State professional license or 
controlled substance registration revoked, suspended, denied, 
restricted or placed on probation?'' Dr. Hassmann provided this 
response despite the revocation of his medical licenses in Texas and 
New Jersey in 1988 and 1991 respectively, and the granting of a 
probationary medical license in Oklahoma in 1991.
    Pursuant to 21 U.S.C. 823(f), the Deputy Administrator may deny an 
application for a DEA Certificate of Registration if he determines that 
such registration would be inconsistent with the public interest. In 
determining the public interest, the following factors are considered:

    (1) The recommendation of the appropriate State licensing board 
or professional disciplinary authority.
    (2) The applicant's experience in dispensing, or conducting 
research with respect to controlled substances.
    (3) The applicant's conviction record under Federal or State 
laws relating to the manufacture, distribution, or dispensing of 
controlled substances.
    (4) Compliance with applicable State, Federal, or local laws 
relating to controlled substances.
    (5) Such other conduct which may threaten the public health and 
safety.

These factors are to be considered in the disjunctive; the Deputy 
Administrator may rely on any one or a combination of factors and may 
given each factor the weight he deems appropriate in determining 
whether a registration should be revoked or an application for 
registration be denied. See Henry J. Schwarz, Jr., M.D., 54 FR 16,422 
(1989).
    Regarding factor one, Dr. Hassmann's state medical licenses in 
Texas and New Jersey have been revoked. He is now applying for DEA 
registration in Oklahoma. While he is currently authorized to practice 
medicine and handle Schedule III through V controlled substances in 
Oklahoma, such authorization is not dispositive of whether he should be 
issued a DEA registration in that state. The recommendation of the 
state licensing authority is only one of the factors to be considered 
in determining the public interest.
    As to factor two, there is no evidence before the Acting Deputy 
Administrator regarding Dr. Hassmann's experience in dispensing or 
conducting research with controlled substances.
    Regarding factor three, Dr. Hassmann was ultimately convicted of 
the use of interstate facilities to commit a crime, however this 
conviction related to the unlawful distribution of cocaine.
    As to Dr. Hassmann's compliance with controlled substance laws, it 
is undisputed that he participated in a scheme to illegally distribute 
large quantities of cocaine in violation of 21 U.S.C. 841(a)(1). In 
addition, under 21 U.S.C. 843(a)(4)(A), it is ``unlawful for any person 
knowingly or intentionally--to furnish false or fraudulent material 
information in, or omit any material information from, any application, 
report, record, or other document required to be made, kept, or filed 
under this subchapter of subchapter II of this chapter.'' Answers to 
the liability questions on applications for registration are material, 
since DEA relies upon such answers to determine whether an 
investigation is needed prior to granting the application. See Ezzat E. 
Majd Pour, M.D., 55 FR 47,547 (1990). The Acting Deputy Administrator 
concludes that Dr. Hassmann materially falsified his application for 
registration by answering ``No'' to the question which asks in part 
whether he had even had a state license revoked or placed on probation, 
when his licenses in Texas and New Jersey were revoked, and his 
Oklahoma license was placed on probation.
    Based upon the above, the Acting Deputy Administrator concludes 
that Dr. Hassmann's registration with DEA would be inconsistent with 
the public interest. Accordingly, the Acting Deputy Administrator of 
the Drug Enforcement Administration, pursuant to the authority vested 
in him by 21 U.S.C. 823 and 28 CFR 0.100(b) and 0.104, hereby orders 
that the application for registration, executed by Gary C. Hassmann, 
M.D., be, and it hereby is, denied. This order is effective September 
24, 1998.

    Dated: August 14, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-22686 Filed 8-24-98; 8:45 am]
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