[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Notices]
[Pages 68686-68687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28661]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Lazaro Guerra, M.D.; Revocation of Registration

    On February 25, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Lazaro Guerra, M.D. (Dr. Guerra) of Hialeah, 
Florida, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration, AG8202765 under 
21 U.S.C. 824(a), and

[[Page 68687]]

deny any pending applications for renewal or modification of that 
registration. As a basis for revocation, the Order to Show Cause 
alleged that Dr. Guerra is not currently authorized to handle 
controlled substances in Florida, the state in which he practices, and 
that he was permanently excluded from the Medicare program. The order 
also notified Dr. Guerra that should no request for a hearing be filed 
within 30 days, his hearing right would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Guerra at 
both his registered location in Hialeah, Florida and to the Federal 
Detention Center in Miami, Florida, where Dr. Guerra was incarcerated. 
DEA received signed receipts indicating that the Order to Show Cause 
was received on Dr. Guerra's behalf on March 5, 2002 at the Federal 
Detention Center and on March 4, 2002 at his registered address. DEA 
has not received a request for hearing or any other reply from Dr. 
Guerra or anyone purporting to represent him in this matter. Therefore, 
the 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. Guerra is deemed to 
have waived his hearing right. After considering material from the 
investigative file in this matter, the Deputy Administrator now enters 
his final order without a hearing pursuant to 21 CFR 1301.43(d) and (e) 
and 1301.46.
    The Deputy Administrator finds that Dr. Guerra possessed DEA 
Certificate of Registration AG8202765. On August 16, 1978, he obtained 
DEA Certificate of Registration Number AG8202765 as a practitioner in 
Schedules II through V. On September 30, 2001, that registration 
expired and was not renewed. On March 11, 2001, he submitted an 
application for DEA Certificate of Registration as a researcher, 
seeking authorization to handle controlled substances in Schedule I at 
a hospital facility in Hialeah, Florida.
    On February 10, 2000, Dr. Guerra, along with two other individuals, 
were charged through a criminal information in the United States 
District Court, Southern District of Florida with conspiracy to commit 
mail fraud. Specifically, Dr. Guerra and others were charged with using 
fraudulent means to obtain approximately $2.7 million from Medicare in 
the form of reimbursements from 1990 to January 1997. On April 10, 
2001, Dr. Guerra entered a guilty plea to one felony count of mail 
fraud. As part of his plea, he agreed to pay $2.7 million in 
restitution to the United States Department of Health and Human 
Services. He was sentenced to forty-eight (48) months imprisonment, and 
ordered to pay additional fines and assessments. He further agreed to a 
permanent mandatory exclusion from participation in the Medicare 
program pursuant to 42 U.S.C. 1320a-7(a). 21 U.S.C. 824(a)(5).
    On July 18, 2001, the Florida Department of Health issued an Order 
of Emergency Suspension of License with respect to Dr. Guerra's medical 
license. The suspension of his medical license has not been lifted. 
Therefore, Dr. Guerra is not currently authorized to handle controlled 
substances in the State of Florida. 21 U.S.C. 824(a)(3).
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration AG8202765 issued to Lazaro Guerra, M.D. be, 
and hereby is, revoked. The Deputy Administrator further orders that 
any pending applications for renewal of such registration be, and they 
hereby are, denied. This order is effective December 12, 2002.

    Dated: October 28, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-28661 Filed 11-8-02; 8:45 am]
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