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Don McNay

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Getting Rich In Supposedly Illegal Businesses

Posted: 02/21/2012 8:33 am

But happily ever after fails And we've been poisoned by these fairy tales -Bruce Hornsby and Don Henley

Even though I grew up in a community run by organized crime, the lines between what was legal and what was illegal were very clear.

Drug pushing was illegal. Loan sharking was illegal. Bribing politicians was illegal.

People did all three, but knew they could go to jail.

Things are different now.

My perception of drug pushers has always been of gun-toting street dealers and drug lords. In other words, characters right out of Scarface and New Jack City.

Now the way to get "the really good stuff" is to go to a pain management clinic. People spend a few minutes and lots of money to get a "physical." They skip insurance and pay the clinic with cash or a credit card. The "medical staff" will then arrange for you to get you a large order of the highly addictive pain medicines prescribed by the clinic doc. You can often get the prescription filled right at the clinic.

It's a great deal for the addict -- one-stop shopping and no chance of being arrested for possession.

It's not illegal if it was prescribed by a doctor.

It's also a great way to die at a young age.

Several years ago, I set up a structured settlement and a trust for a young woman who had been in an accident. We tied up a large amount of money but I went along with giving her $10,000 to supposedly pay off her credit cards.

She took the $10,000 and bought methadone to party with her friends. She overdosed and died the same day I gave her the money.

28 years old.

It haunted me then and will haunt me forever.

It taught me never t to give a client that much cash and it taught me to hate pain management clinics.

Clinics are perfectly legal. In Kentucky, you don't even have to be a doctor to own one. I suspect the legislature will fix that loophole. It's hard to believe that a business handing out narcotics can be owned by non-medical people.

I'm not a lawyer, but would love to own a law firm. I'd like to own a plumbing contracting firm but not be a licensed plumber. I'd like to own a real estate firm but am not a licensed realtor.

None of those options are available to me. But owning a pain management clinic is.

I recently had surgery. I very much appreciate the good that pain medicines can do.

I understand that addicts are gaming the system. I took a friend in horrible pain on a midnight run to the emergency room. It was packed and we were there for two hours without seeing anyone past a triage nurse who barely spoke English. He obviously thought my friend was looking for a quick fix and wouldn't allow us to see a medical professional.

We finally went to another emergency room and found a real doctor and real medicines. Two days later, that same hospital did major surgery on my friend.

I suspect a combination of political clout and big money has allowed the pain clinic system to operate for so long.

A similar story can be said for another illegal activity turned legitimate: payday lending.

A few years ago, I coined the phrase, "Legalized loan sharking" since it's impossible for me to see how payday lenders differ from the loan sharks of my youth.

Unlike pain management clinics, my state legislature, like many others, has not been inclined to do anything to stop the payday lenders.

Gary Rivlin's book, Broke USA, is a wonderful account of how big money is made in the poverty industry.

If you look at the political contributors' list of any state (particularly my home state of Kentucky), you will see large contributions to elected officials being made by payday lenders.

You don't see many contributions from the people who are receiving payday loans.

On one hand, I become horrified when I see how much money the payday lenders give in contributions.

On the other hand, I like knowing who is getting what and where that money is coming from.

The rise of the "super PAC" concept makes it harder to find that out. The United States Supreme Court gave the political process to Wall Street by allowing corporations to make unlimited campaign contributions.

If we want to occupy anywhere, the Supreme Court is a good place to start. A horrible, five-to-four decision could completely take government away from individuals.

There was a time when politicians were busted for accepting bribes. You rarely hear about it now.

Funneling money to campaigns via super PACs is so easy, why would a politician look for a bribe? All he has to do is buddy up to a corporation, do their bidding and have the corporation spend unlimited money on a campaign -- which the candidate can then arrange to be paid out to friends, relatives and other front men to launder the money back into the politician's pocket.

There was a time, not long ago, when corporate campaign contributing was a felony, with possible jail time. The late New York Yankees' owner, George Steinbrenner, was convicted of a felony when Richard Nixon's campaign shook him down for a corporate contribution in 1972.

Jimmy Breslin's great book, How the Good Guys Finally Won: Notes from an Impeachment Summer, talked about how Nixon's crew put the squeeze on Steinbrenner and others like him.

Imagine what the Watergate folks could do now? With Super PACs allowing corporations to give unlimited amounts to fund campaigns, the big corporations control the political process, particularly at the presidential level.

I use to give money to presidential campaigns. Why should I now? My $1000 will be a paltry sum besides the millions that Wall Street can funnel in, or the tens of millions casino owners can "donate."

The big growth opportunities in the economy comes from taking something that everyone assumed was illegal and making it legal.

Why stop at drugs, loan sharking and influence peddling? I can see where a legalized "murder for hire" operation would have a market, too.

As a society, it would seem logical that we would want drug pushing, loan sharking and corporate influence peddling to stop.

At the very least, we could go back to making it against the law.

Don McNay, CLU, ChFC, MSFS, CSSC is the bestselling author of the book, Wealth Without Wall Street; McNay, who lives in Richmond, Ky., is an award-winning financial columnist and Huffington Post contributor. You can learn more about him at www.donmcnay.com.

He is the Chairman of the Board for the McNay Settlement Group (www.mcnay.com) which provides structured settlement consulting for injury victims, lottery winners, and the families of special needs children.

McNay founded Kentucky Guardianship Administrators LLC, which assists attorneys in as conservators and setting up guardianships. It is nationally recognized as an administrator of Qualified Settlement (468b) funds.

 
 
 

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HUFFPOST SUPER USER
xenubarb
Nebulon V
02:25 PM on 02/21/2012
In a generation, wealth obtained illegally elevates subsequent generations to near-deity status.
Look at old rumrunner Joe Kennedy, who smuggled liquor from Canada during Prohibition.
Now listen how people deify the Kennedys.

Another medical horror is the methadone clinic scam. Owned by doctors, they are nothing more than legalized drug pushers. Sometimes they have special offers to lure in new addicts. This happened to a couple of friends of mine who had drug problems. I spotted the ad in the paper and bugged them to take advantage of it. They did.

They went through the whole program seriously, taking the steadily reduced dose of methadone every morning at 8:00. I drove them there. They were almost clear of their addictions at the end of the month long program. We worked together and hung out a lot afterwards. I would have known if they were cheating.

Last day of the program, they had to see a counselor. Despite their great progress, both of them were told that they were "chronic users," and should go on a maintenance program.

I was amused that the program cost more than their street drugs cost. These guys weren't chronic users, but the clinic wanted more patients. I was outraged by this vile tactic.

Fifteen years later, I found them on Facebook. Both clean, both doing well. Had they listened to that counselor, they'd probably still be on methadone maintenance.
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HUFFPOST SUPER USER
Post31
Good grief!!!
02:22 PM on 02/21/2012
Your wrong it's all Obamas fault and those damn liberals looking for hand outs.
03:53 PM on 02/21/2012
That doesn't make any sense.
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HUFFPOST SUPER USER
Post31
Good grief!!!
02:14 PM on 02/22/2012
It's not suppose to.
01:14 PM on 02/21/2012
Republicans tout idea that it is too expensive to regulate business to prevent activities which are essentially unfair, predatory, or criminal. The absurdity of this is seen in the most recent Wall Street debacle, wherein the Wall Street lobby persuaded Congress to take them off the leash, and let the "free market" devise new and wonderful investment products and practices. Banks could now be speculators! This was simply legalizing crime, as we can see now. The cost of regulating industry is always less than the cost of taking them off the leash. We can see that granting freedom to predators has a cost. Sometimes the cost is born by the contemptible poor, and sometimes it is borne by the middle class, and rarely by the rich. When major economic institutions such as banking and investment become a structure of corruption, the "honest" economy cannot thrive.
maxfax
Taa - dah!
12:53 PM on 02/21/2012
Isn't this one crazy mixed up country? Legal marijuana, create LLCs and let them support their favorite candidates; give Citizens United some competition, as it stands the 99% can't compete financially.
12:33 PM on 02/21/2012
We have too many laws as it is, clearly criminal activity is not thwarted by them anyway. Soon everybody will be in prison for something somebody doesn't like. And crime may be the only way many people can survive in our globalized, free market voodoo economy. Crime pays in this society, maybe in every society. It's the do-gooders I'm more worried about. Criminals don't want to regulate every aspect of my life, tax me into poverty, or otherwise use government to make me a serf. Oh wait, I'm forgetting about Wall Street, welfare capitalists, Congress and Obama, all truly successful criminals.
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Larry Motuz
More prayers, fewer preyers.
12:33 PM on 02/21/2012
The arrival of these PACs more or less guarantees that those most interested in breaking the law now get to write the law.

That's a very interesting system of 'market' government.
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DanInAustin
Got 99 problems but dang that's a lot of problems.
12:18 PM on 02/21/2012
In point of fact, you don't need to be a licensed plumber to own a plumbing company, at least not around here - you just need to employ one. Same with law, real estate, and medicine.
thebigbike
ran away to be a cowboy
11:39 AM on 02/21/2012
NO NO NO NO you don't understand! you are trying to restrict free flow of capital and the rights of enterprise to be unregulated and make whatever profit the market allows! What are you ? a Socialist?
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wikwox
So there I was, playing the piano....
10:15 AM on 02/21/2012
Opiode pain meds and Citizens United, an odd mix but two of the really big issues of our times. Fixing Citizens United is going to take either a constitutional amendment or the removel of one of the gang of five justices who gave us this nightmare. Niether will come easy, especially since the GOP thinks the decision benefits them. Pain meds are far easier, enforce and enact laws that choke off the supply. I worked in a pain management clinic, they also dispensed drugs and that should be illegal in all states as it currently is in 37 states that already ban doctors dispensing drugs. Drug test the recipients to make sure thier actually taking the drugs and not selling them on the street, shut down the "pill mills" in, you guessed it, Florida.
10:13 AM on 02/21/2012
This is partly due to the government mandates!! Federal rules require you to document pain levels at every visit in clinics and every day in the hospital based on a visual pain scale of 1-10. You are required to address the pain issue. Before the MD would asses pain based on appearance, vital signs, posture, etc. Now they have to use the federally approved pain scale (a purely subjective measure). On top of that we have pot clinics where you can get ganja for back pain and headaches.

I suggest you visit one of these medical marijuana joints to deal with your issue with SCOTUS!! Maybe pot would loosen you up a bit to realize stopping political speech is not good!!
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Wayne Caswell
Consumer Advocate & Founder of Modern Health Talk
10:13 AM on 02/21/2012
I'm horrified that there are just 2 comments on this important piece and encourage readers to watch the movie, The Corporation (it's on YouTube), for a history of how this business entity has evolved to where it is now.
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jwashmon
Usually, everyone is right to a certain degree....
09:52 AM on 02/21/2012
We need more wisdom and less conniving in all leadership positions. America has moved to the Rich and Famous Reality Show.
nothingchanges
too soon old, too late smart
09:50 AM on 02/21/2012
"As a society, it would seem logical that we would want drug pushing, loan sharking and corporate influence peddling to stop".

I think it's relatively safe to say that as a society we DO want this stuff to stop.

Only problem is, Big Business doesn't. That's where they make Big Money, and Big Business owns our government.

They paid for it.

The bought our elections.

We choose from candidates they pay for.

Without campaign finance reform? Removing drug pushers, loan sharks and corporate influence peddlers will remain only an admirable goal, never to be achieved.
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Carl Caroli
I just don't understand people
09:40 AM on 02/21/2012
Our politicians are no longer interested in doing what is right. They are interested in doing what will get them elected.
01:10 PM on 02/21/2012
And no one has the political system paid for than big pharma and the financial services industry. There was a time in this country when doctors had the ability to listen to patients rather than just writing out a prescription and yelling next. Bankers felt usury laws were good for lenders and borrowers.

Now its pretty much a free for all.
HUFFPOST SUPER USER
Jeff Rosenbury
I love all people -- in the abstract
09:13 AM on 02/21/2012
The answer to pain clinics is to prosecute the doctors who kill patients (professionally, not criminally). Doctors spend lots of time and effort getting their M.D. Taking it away is a real threat.

Citizen's United was a case where the government tried to limit political speech. But there's nothing stopping congress from prohibiting corporations from engaging in all speech (other than the loss of bribes). Corporations are people because they are given those rights by the government. The government can take them away. They just can't pick and choose on the basis of political expediency.

Payday lending is obscene. It is usury. It crushes the poor.
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J T K
Quis custodiet ipsos custodes?
03:11 PM on 02/21/2012
The poor choose to take out payday loans. If you think that they are economically coerced than removing them will just leave the poor with no source of fast money. If however you think that they choose them of their own free will then that right to make their own choices cannot be infringed upon. The government needs to let consumers, rich or poor, make their own choices.
03:43 PM on 02/21/2012
Nope. Just set a maximum interest rate, how about and APR of 21%?
HUFFPOST SUPER USER
Jeff Rosenbury
I love all people -- in the abstract
06:45 PM on 02/21/2012
Under libertarian doctrine, choices need to be informed. Otherwise children might sell themselves into slavery.

Only about one in three people understand exponential growth. Therefore most people, especially the poor, don't understand what that 400% loan means. If they did, they wouldn't take the loan.

So unless you are so extreme in your views as to be willing to enslave children and the like, it seems such loans should be illegal.

"I told that migrant laborer they were organophosphates before I paid him a $10 to spread them by hand. It's not my fault he died. He should have had a PhD in chemistry or not been a farm worker." -- Libertarianism gone too far.