Judge forfeits $2,520 sought in MacKay case

Jan 19 2012 - 12:17am

SALT LAKE CITY -- A judge has forfeited $2,520 sought by prosecutors from a doctor convicted in federal court on 40 counts of illegally prescribing narcotic painkillers.

U.S. District Judge Dee Benson ruled the U.S. Attorney's Office did not convincingly connect another roughly $72,000 in bank accounts to Brigham City Dr. Dewey MacKay's illegal activities.

The $2,520 was tied directly to the minimum $70 office fee connected to each of the office visits in which the pain killers were prescribed, Benson wrote in his ruling published Tuesday.

The government had hoped to seize MacKay's 2007 Chevrolet Silverado and two Mountain West Credit Union accounts belonging to MacKay's Brigham City Orthopedic Clinic in the amount of $53,905.04 and $18,701.35.

The prosecutors had also sought to revoke MacKay's medical license.

But Benson, in his decision, wrote "the State of Utah, through the Department of Professional Licensing, has placed a 'hold' on Dr. MacKay's medical license and the Department is currently in the process of seeking a revocation of the license.

"Finally, and in any event, Dr. MacKay's medical license expired at the end of January 2012 and as a result of the 'hold' cannot be renewed. In light of these facts, and particularly in light of the fact that the State of Utah is currently in the process of revoking Dr. MacKay's medical license, the court sees no reason to revoke the medical license as a matter of criminal law."

MacKay has been sentenced to a 20-year prison term by Benson, who initially ordered MacKay to report to federal prison Feb. 1

That date has been extended an undetermined period of time while several aspects of the case are on appeal to the 10th Circuit Court of Appeals in Denver.

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