US Attorney – Dr. Bararia A Flight Risk and A Danger to the Community
In response to Dr. Vinay Bararia’s motion to re-open the issue pertaining to his pretrial detention, US Attorneys’ office has requested the Court to deny Dr. Bararia’s motion based on that there is no new information available that is material to the issue of pretrial detention.
Additionally, the prosecutors believe that the defendant Dr. Bararia is a flight risk and a danger to the community, and there are no combination of conditions that can alleviate that risk.
On March 1, 2012, Dr. Bararia was arrested for selling prescription pills (oxycodone and hydrocodone) to an undercover officer on six separate occasions. Sales were recorded on video and some of the sales were made in parking lot of a local hospital where Bararia worked as a medical doctor.
On March 2, 2012, the federal Magistrate ordered Bararia released on significant pretrial conditions. Dr. Bararia was prohibited from ordering, possessing, dispensing or prescribing any controlled substances. The day he was released, Dr. Bararia violated the conditions of his release by prescribing controlled substances.
On May 2, 2012, Dr. Bararia was arrested for his first round of pretrial release violations, however, he was given a second chance and once again told he cannot dispense or prescribe any controlled substances.
In July 2012, the Nevada Board of Medical Examiners suspended Bararia’s license to practice medicine. In September 2012, Bararia was arrested for a second round of pretrial release violations. In October hearing, the Court found that Bararia prescribed controlled substances on four separate occasions.
The Court found that Bararia was unlikely to abide by any pretrial conditions and concluded that Bararia has determined at every turn to push and exceed the limits of Court’s orders. Dr. Bararia was detained pending trial.
Prosecutors are arguing that Dr. Bararia’s motion to reopen the detention hearing should be denied. There is no new information which has any material bearing on the issue of pretrial detention. Further, Prosecutors believe that Dr. Bararia will continue be a danger to the community and a risk of nonappearance. Dr. Bararia has demonstrated, on two separate occasions, he can and will violate his conditions of release immediately after he is released from detention.
Dr. Bararia is facing multiple counts of a crime which carries a 20 year maximum sentence for Conspiracy to Distribute and Distribution of a Controlled Substance.