Dr. Banaria changes Attorney (again), appeals to get out of jail, trying to sell his medical practice, setting up a stem research R&D facility and managing mining & commodities (coal & iron) business.

Defendant, Dr. Vinay Bararia, by and through the new counsel, Kathleen Bliss, a former federal prosecutor and trial attorney for the United States Department of Justice, files a Supplemental Memorandum in Opposition to Revocation of Pretrial Release.

Dr. Bararia was arrested on a complaint authorized by the court on March 2, 2012. On that same date, the court released defendant on conditions, which included a prohibition that Dr. Bararia refrain from prescribing controlled substances. Pretrial Services moved for revocation of Dr. Bararia’s pretrial release on May 4, 2010, asserting that Dr. Bararia prescribed medication while acting under the supervision of other physicians and attending hospital patients. The court ordered Dr. Bararia detained pending a hearing on May 16, 2012. After a hearing, the court released Dr. Bararia on conditions, finding that Dr. Bararia had violated his conditions, but that additional conditions could be added to assure that defendant did not pose a danger to the community.

Meanwhile, on June 26, 2012, a federal grand jury sitting in the District of Nevada, Las Vegas, returned an indictment against Dr. Bararia, charging him, inter alia, with one count of conspiracy to distribute a controlled substance and with five counts of distributing a controlled substance. The substances that Dr. Bararia allegedly conspired to distribute were Oxycodone and Hydrocodone, both narcotic pain medications. However, Dr. Bararia was only charged with distributing Oxycodone.

Court authorized an arrest warrant for Dr. Bararia based upon the Petition of Pretrial Services Officer. The petition alleged that Dr. Bararia had prescribed medication containing controlled substances on July 12, 2012, and on October 4, 2012, to one of his patients after his privileges had been suspended by the Board of Medical Examiners on July 24, 2012.

The court held a hearing on October 25, 2012, in which the government, through two law enforcement representatives proffered the statements of several patients and two physicians. In summary, the government propounded that Dr. Bararia prescribed Ambien, a controlled substance, to a patient on July 10, 2012; that he prescribed testosterone to another patient on May 17, 2012; that he prescribed Bontril in early July 2012 to a third patient; and that he prescribed testosterone to yet another patient on October 16, 2012.

Dr. Bararia’s attorney Kathleen Bliss is arguing that the government’s argument fails by any standard in demonstrating that Dr. Bararia is a danger to the community and that no condition or combination of conditions can be fashioned that would ensure the safety of the community. Dr. Bararia, through counsel, concedes that he mistakenly prescribed the testosterone, not realizing that it has been scheduled as a controlled substance. However, Dr. Bararia submits that such unintentional errors in prescribing a hormone do not transform him into a danger to the community, let alone establish probable cause that he knowingly and intentionally distributed a controlled substance. Counsel is arguing that there was no intentional violation in prescribing a male hormone on two occasions – a mistake that was immediately corrected, according to Dr. Bararia. Defense Counsel is requesting that the Court can order the house arrest of defendant and put him in the third party custody of his wife, who recently had their baby. The Bararias have desperately tried to sell their home and Dr. Bararia’s medical practice.

Kathleen Bliss, the Defense Counsel feels that currently, and most significantly with respect to these patients, Dr. Bararia must transfer patient medical records for those patients pending treatment. Only he can do this, and he cannot do it from jail. Custody thus punishes Dr. Bararia as well as those patients who need a transfer of medical information. Mrs. Bararia reports that many very sick patients have been calling their home and mailing their requests.

In summary, Dr. Bararia’s attorney is requesting that the court should release Dr. Bararia on conditions that allow him to sell his practice, a measure that causes him to forego his profession entirely. He was in the process of selling his home, and this, too, cannot be accomplished without him.

Additionally, in an email to his former attorney, Dr Bararia wrote that given the sale of his practice he will be giving up practicing traditional internal medicine therefore there will be no prescriptions written or orders given for any medication not only scheduled substances. He would still continue treating aesthetic patients for laser aesthetics procedures such as laser hair removal. laser facials, and laser liposuction. Also would be continuing to do other injectables for cosmetic purposes.

Further as per his emails, Dr. Bararia is currently in negotiation with a group of investors for setting up a research and development facility in Las Vegas for stem cell research as well as a wellness center.

Dr. Bararia is also an owner of Natlan Management, LLC., which was set up to receive commissions for overseas business deals for mining and sale of commodities (e.g. coal and iron). Again no formal deals have been finalized and has yet to set up a bank account for this entity.