Pubdate: Wed, 06 Dec 2006
Source: Ka Leo O Hawaii (U of Hawai'i at Manoa, HI Edu)
Copyright: 2006 Ka Leo O Hawaii
Contact:  http://www.kaleo.org
Details: http://www.mapinc.org/media/4129
Author: Alyssa S. Navares
Bookmark: http://www.mapinc.org/topics/undercover+agents
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

STUDENT USES WEB TO EXPOSE UNDERCOVER AGENTS

Photo, Names Posted in Response to Father's Arrest for Fraud

Fearing for his family's safety, University of Hawai'i at Manoa 
student Christopher Yeung recently removed the Internet postings he 
used to expose the identities of undercover agents who investigated 
his father's medical practice.

Yeung, whose father Kachun Yeung was charged with illegally 
distributing narcotic prescription drugs and Medicaid fraud earlier 
this year, went on the national Web site WhosaRat.com to reveal 
agents from the U.S. Drug Enforcement Agency (DEA) and Honolulu 
Police Department (HPD) who posed as patients during a 2002 
investigation. He said that his goal was "to show other doctors that 
they may become victims of a sting, too."

Because the undercover investigation ended in 2002, and the 
information was already revealed in court, 24-year-old Yeung did not 
violate any federal or state laws, according to Assistant U.S. 
Attorney Jonathan Loo. But Yeung said that since posting the 
information, he received several threats from federal agents.

"I don't believe what I did was wrong," he said, "and accept 
responsibilities for my actions. I just don't want anything to happen 
to me or my family."

Yeung admitted to using the Web site during an August court hearing 
after the team of federal attorneys brought up the issue. According 
to Loo, the team found out about the posting from a DEA agent.

"I knew the attorneys and DEA check the site," Yeung said. "But I 
don't regret what I did."

He posted profiles of three federal agents and a photo of one of them 
earlier this year. On the Web site, Yeung described one as "a known 
liar and a dirty agent. He is an absolute disgrace to the American 
justice system."

"It was not like a typical hand-to-hand drug transaction," Yeung 
said. "My dad treated them [the undercover agents] as if he would 
treat anyone in pain. Now it looks like he's a drug dealer."

If the case had still been under investigation, or the undercover 
agents were working on other cases, Yeung could have faced up to 10 
years in prison and a $250,000 fine, according to federal obstruction 
of justice laws.

Yeung, who plans to major in law, currently serves as a paralegal on 
his father's defense team, for which he helps prepare case files and 
sits in during hearings. The next trial is scheduled for March.

He would not comment on how he found out about the WhosaRat Web, site 
nor would he say if his father was aware of his actions before he 
admitted to them in court.

"The site doesn't play into the decision-making process," Loo said. 
"We [the U.S. district attorneys] also have not been talking about 
changing our practice of turning over materials from undercover 
investigations, since attorneys are required by the U.S. Constitution 
to do it anyway."

For undercover agents, the threat of being exposed puts added stress 
on them, said Pam Fitzgerald, who researched officers of the HPD 
Narcotic Vice Division from 1998 to 2002. Fitzgerald received 
master's degrees in Counseling Psychology and Criminal Justice 
Administration from Chaminade University and developed a survey 
measuring stress among officers.

"There is definitely that fear of their covers being blown," she 
said. "Oftentimes, they experience anxiety."

Fitzgerald said that agents might even have psychological problems as 
a result of their undercover work. HPD has no preventative measures 
for these long-term mental effects and lacks support for them, she said.

The WhosaRat Web site claims to identify more than 4,000 informants 
and undercover agents since first starting in 2004 as a resource for 
defense attorneys and prosecutors, according to a Nov. 30 USA Today article.

Users can submit biographical information about witnesses or 
undercover agents and court documents. However, as of Thursday, users 
must pay for site access and can no longer upload photos of 
undercover agents, which may be harmful to officers.

An Alabama judge ruled two years ago that a similar Web site, 
carmichaelcase.com, should not be shut down because it did not pose 
any kind of threat to those identified, according to The National Law Library.

Kachun Yeung, 53, was charged in March with 30 counts of distributing 
painkiller Oxycodone, also known by its trade name OxyContin, 
"outside the course of professional medical practice and not for a 
legitimate medical purpose" and 19 counts of fraudulently billing 
Medicare for more than $2,000 in services rendered.

He also had to surrender his DEA certificate permitting him to 
prescribe controlled drugs, and although he appealed the order to the 
9th U.S. Circuit Court of Appeals three months ago, his request was 
denied. Yueng continues to practice medicine at his Vineyard Boulevard office.

According to a September 2006 court document submitted by Yeung's 
attorneys to the Court of Appeals, the order upholds "unduly 
restrictive bail conditions that are factually unsupported and that 
unlawfully abridge [his] ability to make a living as a physician."

The grand jury also charged Wai'alae doctor Barry N. Odegaard, 53, 
that same month in a separate case with 10 counts of distributing 
Oxycodone and submitting false billings to Medicaid.

Both plead not guilty to the federal charges and could face up to 20 
years in prison for illegally prescribing narcotic drugs and up to 10 
years for Medicaid fraud. 
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MAP posted-by: Richard Lake