[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Pages 71203-71204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30254]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Johnnie Melvin Turner, M.D.; Revocation of Registration

    On June 18, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Johnnie Melvin Turner, M.D. (Dr. Turner) of 
Chicago Illinois, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration, 
BT5794866 under 21 U.S.C. 824(a), and deny any pending applications for 
renewal or modification of that registration. As a basis for 
revocation, the Order to Show Cause alleged that Dr. Turner is subject 
to a ten year exclusion from participation in Medicare. The order also 
notified Dr. Turner 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. Turner at 
his work address in Chicago, Illinois. The letter was returned 
unclaimed. A second Order to Show Cause was sent on October 17, 2001, 
by certified mail, to another address where Dr. Turner was purportedly 
working. Again, the letter was again returned unclaimed, and DEA has 
been unable to determine Dr. Turner's current whereabouts. DEA has not 
received a request for hearing or any other reply from Dr. Turner 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. Turner 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. Turner currently possesses 
DEA Certificate of Registration BT5794866. That registration expired on 
November 2000, but the Deputy Administrator hereby extends the 
registration for purposes of this revocation proceeding. 21 CFR 
1301.37(i). The Deputy Administrator further finds that from January 6, 
1992 to April 1994, Dr. Turner, along with two other individuals, 
submitted numerous fraudulent claims in excess of $100,000 to the 
Illinois Medicare-Part B Program, by billing for services that were not 
rendered, and as a result, Dr. Turner obtained fees that he was not 
entitled to.
    As a result of Dr. Turner's fraudulent activity, in September 1998, 
he was indicted in the United States District Court, Northern District 
of Illinois (Eastern Division) on eleven felony counts related to his 
improper billing practices. On October 20, 1998, he entered a guilty 
plea to one felony count of mail fraud. On May 11, 1999, he was 
sentenced five years probation and ordered to pay restitution of 
$106,132 to the United States Department of Health and Human Services.

[[Page 71204]]

    As a result of Dr. Turner's conviction, on August 31, 1999, he was 
notified by the Department of Health and Human Services of his ten-year 
mandatory exclusion from participation in the Medicare program pursuant 
to 42 U.S.C. 1320a-7(a). Effective September 17, 1999, the Illinois 
Department of Public Aid terminated him from that State's Medical 
Assistance Program. Exclusion from Medicare is an independent ground 
for revoking a DEA registration. 21 U.S.C. 824(a)(5).
    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 BT5794866, issued to Johnnie Melvin Turner, 
M.D., be, and it 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 30, 
2002.

    Dated: November 12, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-30254 Filed 11-27-02; 8:45 am]
BILLING CODE 4410-09-M