[Federal Register Volume 68, Number 60 (Friday, March 28, 2003)]
[Notices]
[Pages 15226-15227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7388]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Lazaro Guerra, M.D.; Denial of Application for Registration

    This order serves as a correction of the final order previously 
issued in this matter and published on November 12, 2002.
    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 deny his application for a DEA Certificate of Registration 
pursuant to 21 U.S.C. 824(a). 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 has been 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

[[Page 15227]]

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 Acting Administrator finds that on March 11, 2001, Dr. Guerra 
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). Such exclusion is an 
independent ground for revoking a DEA registration. 21 U.S.C. 
824(a)(5).
    Moreover, 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. Therefore, she is 
not entitled to a DEA registration in that state. 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 Dr. 
Guerra's application for DEA registration be, and hereby is, denied. 
The Deputy Administrator further orders that any other pending 
applications from Dr. Guerra be, and hereby are, denied. This order is 
effective April 28, 2003.

    Dated: March 6, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-7388 Filed 3-27-03; 8:45 am]
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