[Federal Register Volume 62, Number 26 (Friday, February 7, 1997)]
[Notices]
[Pages 5841-5842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3049]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Charles Addo-Yobo, M.D. Revocation of Registration

    On May 24, 1995, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Charles Addo-Yobo, M.D., of Farmingdale, New 
York, proposing the revocation of his DEA Certificate of Registration 
AA2601981 pursuant to 21 U.S.C. 824(a)(3) and (a)(5), and denial of any 
pending applications for renewal of such registration as a practitioner 
pursuant to 21 U.S.C. 823(f), for reason that he is not currently 
authorized to handle controlled substances in the State of New York and 
he was mandatorily excluded for five years from participation in 
Medicare/Medicaid programs pursuant to 42 U.S.C. 1320a-7(a). The order 
also advised 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 to Dr. Addo-Yobo by registered 
mail to his DEA registered address. Three attempts were made by the 
U.S. Post Office to deliver the Order to Show Cause with no success and 
the order was eventually returned to DEA unclaimed. DEA investigators 
went to Dr. Addo-Yobo's registered address and were told that he no 
longer lived there and his whereabouts were unknown. A check with the 
U.S. Post Office and the State Board for Professional Medical Conduct 
for the State of New York revealed that Dr. Addo-Yobo left no 
forwarding address.
    The Acting Deputy Administrator finds that DEA has made numerous 
attempts to locate Dr. Addo-Yobo and has determined that his 
whereabouts are unknown. It is quite evident that Dr. Addo-Yobo is no 
longer practicing medicine at the address listed on his DEA Certificate 
of Registration. The Acting Deputy Administrator concludes that 
considerable effort has been made to serve Dr. Addo-Yobo with the Order 
to Show Cause without success. Dr. Addo-Yobo is therefore deemed to 
have waived his opportunity for a hearing. The Acting Deputy 
Administrator now enters his final order in this matter without a 
hearing and based on the investigative file. 21 C.F.R. 1301.54 and 
1301.57.
    The Acting Deputy Administrator finds that by Order dated December 
22, 1994, the State Board for Professional Medical Conduct for the 
State of New York (Board) revoked Dr. Addo-Yobo's license to practice 
medicine in the State of New York. The Board found that Dr. Addo-Yobo 
and others ``participated in a scheme to operate medical clinics for 
the purpose of obtaining payments directly and indirectly from the 
Medicaid system by submitting bills, and causing others to submit 
bills, to the New York Department of Social Service for medical 
services, drugs, prescriptions, and laboratory tests which he knew to 
be, and were in fact, medically unnecessary.'' As a result, Dr.

[[Page 5842]]

Addo-Yobo was convicted in the United States District Court for the 
Southern District of New York on one count of mail fraud in violation 
of 18 U.S.C. 1341 and one count of conspiracy to commit Medicaid and 
mail fraud in violation of 18 U.S.C. 371.
    By letter dated June 27, 1994, the United States Department of 
Health and Human Services notified Dr. Addo-Yobo that he was being 
excluded, pursuant to 42 U.S.C. 1320a-7(a), from participation in 
Medicare, Medicaid, Maternal and Child Health Services Block Grant and 
Block Grants to States for Social Services programs for a period of 
five years.
    The Acting Deputy Administrator concludes that in light of the 
revocation of Dr. Addo-Yobo's state medical license, he is not 
currently authorized to handle controlled substances in the State of 
New York. The DEA does not have statutory authority under the 
Controlled Substances Act to issue or maintain a registration if the 
applicant or registrant is without state authority to handle controlled 
substances in the state in which he conducts his business, 21 U.S.C. 
802(21), 823(f), and 824(a)(3). This prerequisite has been consistently 
upheld. See Dominick A. Ricci, M.D., 58 Fed. Reg. 51,104 (1993); James 
H. Nickens, M.D., 57 Fed. Reg. 59,847 (1992); Roy E. Hardman, M.D., 57 
Fed. Reg. 49,195 (1992). Here, it is clear that Dr. Addo-Yobo is not 
currently authorized to handle controlled substances in the State of 
New York. Therefore, Dr. Addo-Yobo is not currently entitled to a DEA 
registration. Because Dr. Addo-Yobo is not entitled to a DEA 
registration due to his lack of state authorization to handle 
controlled substances, the Acting Deputy Administrator concludes that 
it is unnecessary to address whether Dr. Addo-Yobo's DEA registration 
should be revoked based upon his exclusion from participating in 
Medicare/Medicaid programs.
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration pursuant to the authority vested in him by 
21 U.S.C. 823 and 824 and 28 C.F.R. 0.100(b) and 0.104, hereby orders 
that DEA Certificate of Registration, AA2601981, previously issued to 
Charles Addo-Yobo, M.D., be, and it hereby is, revoked. The Acting 
Deputy Administrator further orders that any pending applications for 
renewal of such registration be, and they hereby are, denied. This 
order is effective March 10, 1997.

    Dated: January 31, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-3049 Filed 2-6-97; 8:45 am]
BILLING CODE 4410-09-M