Mental illness and drug addiction led Dr. Louis Hampers to commit prescription-drug fraud, and he wants a judge to allow him to serve a probationary sentence so he can continue getting treatment for his problems.
Hampers, the former head of the emergency department at Children’s Hospital, is facing 12 to 18 months in federal prison and a fine of up to $30,000 at his sentencing. A date for that hearing has not been set.
Hampers used fake names and falsified prescriptions to obtain painkillers. Authorities say he obtained tens of thousands of pills, but he contends the drugs were for personal use and not for sale to others.
Hampers was initially charged with more than 600 counts related to the fraud, but prosecutors allowed him to plead guilty to 14 criminal counts.
“Dr. Hampers’ mental condition combined with his drug-dependence issue distinguish his case from the typical cases covered by the (sentencing) guidelines,” Hampers’ attorneys wrote in a motion.
“His contributions to the community by his service in Africa, his commitment to providing greater medical service to non-English speaking populations, his leadership in facilitating a successful, safe move to the new Children’s Hospital facility, and his commitment to research and publication on medical issues distinguish him from other typical physician defendants and warrant a (reduced sentence).”
Hampers’ doctors also have written letters to the court about his extensive treatment program and say his prognosis is excellent and his potential for a relapse into drug use is low.
“Dr. Hampers has suffered a great deal,” the motion continues. “His present ability to practice medicine is gone. His marriage is gone. The respect of the community and many of his colleagues is gone.”
Defense lawyers also argued that a highly publicized prison sentence may not deter other physicians from similar conduct; rather it could “drive physicians with addictive issues underground.”
Finally, Hampers doesn’t think he’ll get the same quality of treatment he is receiving now if he goes to federal prison.
Assistant U.S. Attorney Greg Holloway says Hampers needs to spend time behind bars and that his crimes were not victimless.
“There must be consideration of the fact that the defendant admits to abusing pills while working at the emergency department of Children’s Hospital,” Holloway wrote in his response. “That fact, by itself, presents a serious concern about public safety. The fact that there was no harm to any patients at Children’s Hospital is a credit to the physicians and staff at Children’s Hospital, not the defendant.”
Holloway reminded the court that Hampers harassed his ex-wife while out on bond. And during the investigation, Hampers was charged with harassing former 9News reporter Deborah Sherman.
“Those same skills he previously used for the betterment of others he tragically and dynamically put to use in the commission of his crimes,” Holloway wrote. “The defendant undoubtedly has saved lives. He also has risked them.”
