Court says EU wrongly froze assets of Saudi man

Updated 12 August 2013
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Court says EU wrongly froze assets of Saudi man

PARIS: The European Union’s top court ruled Thursday that EU authorities unfairly froze assets of a Saudi businessman who was accused of financing Al-Qaeda, by failing to explain why he was targeted.
The European Court of Justice upheld a lower European court ruling in the case of Yassin Al-Qadi, rejecting an appeal by EU and British authorities.
After the Sept. 11 attacks, Al-Qadi’s charitable Muwafaq foundation was identified by the US Treasury Department as an Al-Qaeda front and placed on a terror list in October 2001. The United States, the EU, Switzerland and Turkey all took action against Kadi, following a UN anti-terror order obliging UN member states to freeze assets of people and entities suspected of funding terror groups.
Al-Qadi denied financing terrorism, and said his foundation closed before the Sept. 11 attacks. He has fought legal battles for years against the asset freezes, and was removed last year from the UN blacklist of people under sanctions for suspected Al-Qaeda funding.
In 2008, the European General Court ruled that putting Al-Qadi’s name on the terrorist list infringed some of his rights under EU law, such as his right to defense and judicial protection.
EU and British authorities appealed that ruling.
In Thursday’s announcement, the European Court of Justice sided with the lower court, and argued that suspects need to be informed of why they are being listed and have a chance to contest it.
“The Court holds that, since no information or evidence has been produced to substantiate the allegations, roundly refuted by Mr. Al-Qadi, of his being involved in activities linked to international terrorism, those allegations are not such as to justify the adoption, at European Union level, of restrictive measures against him,” the court said in a statement.
Authorities, however, sometimes want to keep information about a terrorist suspect confidential for security reasons. The court said that in such cases, it is up to EU courts to assess whether and when it’s appropriate to withhold that information from the suspect.


California doctor accused of prescribing drugs in 5 deaths

This undated photo provided by the Orange County Sheriff's Office shows Stephen Scarpa, 25. Scarpa has been charged with murder in the death of an off-duty fire captain on a bicycle whom authorities say Scarpa struck and killed with his car. Authorities say Scarpa told investigators he was on drugs prescribed by Dr. Dzung Ahn Pham, a Southern California doctor who was arrested Tuesday, Dec. 18, 2018 on charges of doling out drugs to patients he didn't examine and is alleged to have prescribed drugs to five people who died of overdoses, federal prosecutors said. (AP)
Updated 19 December 2018
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California doctor accused of prescribing drugs in 5 deaths

  • State officials were aware of improper prescribing practices years before that, according to records at the Osteopathic Medical Board

LOS ANGELES: A Southern California doctor was arrested Tuesday on charges of doling out drugs to patients he didn’t examine and is alleged to have prescribed drugs to five people who died of overdoses as well as an impaired driver who struck and killed a bicyclist, federal prosecutors said.
Dr. Dzung Ahn Pham, 57, faces charges of illegally distributing opioids and other narcotics to what authorities called “patients,” but who were addicts using the drugs or people selling them on the street. He prescribed some drugs after receiving text messages requesting specific quantities and doses, prosecutors said.
“This case clearly and tragically illustrates the dangers of drug dealers armed with prescription pads,” said US Attorney Nick Hanna.
A phone call and email seeking comment from Pham’s lawyer, John Barton, were not immediately returned. Phone calls to Pham’s urgent care clinic in Irvine and a number listed for his home were not answered.
Pham’s record of prescribing large amounts of pills led a CVS pharmacy to stop accepting prescriptions from him more than five years ago when he couldn’t justify the number of pills patients were picking up, prosecutors said.
State officials were aware of improper prescribing practices years before that, according to records at the Osteopathic Medical Board.
Pham was reprimanded by the board in 2007 for excessive prescribing, prescribing without good faith examination, repeated negligent acts and prescribing to an addict, among other charges. Details of the record were not immediately available.
Between 2014 and 2017, Pham wrote prescriptions for five people who died from overdoses, prosecutors said. He’s not charged in those deaths, but those investigations are ongoing, said Thom Mrozek, a spokesman for the US attorney.
One of the overdose deaths was a 21-year-old man, identified in the affidavit only by initials S.L.S. who fatally overdosed on a combination of heroin and two of the types of drugs Pham prescribed. The man’s mother referred to Pham as “Dr. Feelgood.”
In November, a driver who fatally struck an off-duty firefighter training on his bike for a triathlon told investigators he was on drugs prescribed by Pham, prosecutors said. Several prescription bottles with Pham’s name were found in the driver’s car.
Orange County prosecutors have charged Stephen Scarpa, 25, with murder in the death of Costa Mesa fire Capt. Mike Kreza.
The death came a few months after an undercover Drug Enforcement Administration agent was able to quickly score from Pham what is referred to as a “triple threat” or “holy trinity,” a combination of three types of narcotics, the affidavit said. Pham directed the agent to an Irvine pharmacy that filled many of his prescriptions.
The affidavit filed with the charges described many of Pham’s text messages, indicating in one case that he was having a sexual relationship with a patient. He was prescribing drugs to that woman and also to her 9-year-old daughter, according to the document by DEA Special Agent Lindsey Bellomy.
In another text exchange, Pham told someone he was concerned after learning that the gunman who killed 11 and wounded a responding officer who died from a fellow officer’s bullet during a shootout at the Borderline Bar and Grill in Thousand Oaks last month had prescriptions Pham wrote for someone else.
The document does not provide any information on whether Ian Long, the shooter who took his own life after the Nov. 7 mass shooting, possessed any prescriptions written by Pham.
“I never saw Mr. Long before so I don’t know the implication of this information,” Pham wrote in the text message exchange, according to the affidavit.
The person Pham was texting responded by trying to reassure Pham he was in the clear if the prescriptions were not written to Long.
“If I give my meds to some crazy person its (sic) on me, not you, you have no control over what happened after a patient leaves your office,” the person replied.
The criminal complaint said Pham charged $100 to $150 a visit at his clinic and deposited $6.7 million into bank accounts between 2013 and September.
If convicted of the charges, Pham could face up to 40 years in prison, prosecutors said.