|Doctor Brian Swan's booking photo|
Dr. Brian Michael Swan, 42, is scheduled for a May 7 pretrial before Judge Karen L. Robinson at the Harbor Justice Center in Newport Beach on charges that could yield a maximum prison sentence of 11 years and 8 months if he is convicted, Orange County Deputy District Attorney Nicole Varner said.
Swan's Irvine-based attorney, Dyke Huish, was not immediately available for comment. Huish previously told City News Service that Swan has a "personal Adderall problem" and that he voluntarily put his medical license on temporary suspension as he seeks treatment for his dependency.Now, I personally don't care if the guy has an addiction to Adderall. I don't care because until it effects his ability to do his job, which he admitted and voluntarily suspended his license, then it's nobody's business but his own. Drug use for pain, mental problems, to cure illnesses or for recreation should be personal, and it should remain 100% up to the user how much he/she wants to ingest. And until they go out and violate the rights of somebody, their mental or physical state should be of no concern to the government.
By all accounts, this man is a good doctor who has a drug addiction.
"He has an exceptional reputation with his clients and has never put any of his patients into a dangerous situation," Huish told City News Service, adding that Swan has a legitimate prescription for Adderall from his doctor.Not a soul has contradicted this, and there are no charges related to malpractice or negligence of his duties as a physician. Of course, now that he's been criminally charged for what may be a victimless crime, you can bet your ass that the ambulance-chasers are out there soliciting business from anyone under his care. And you can also bet your ass that his malpractice insurer is scouring his policy to minimize any potential damage that, until yesterday, was nonexistent.
Did Dr. Swan commit fraud when he used the womens' names and addresses for the prescriptions? Yes, he did. But he only committed those fraudulent acts because the state has criminalized his personal behavior and forced him to obtain his drugs through nefarious means. If the doctor had freedom to put in his body what he wants, there would have been no need to go to these lengths.He first was charged in January with five felony counts of second-degree commercial burglary and unauthorized use of personal information involving his former girlfriend --- charges that were folded into the new case that was refiled Monday, Varner said.According to the Orange County District Attorney's Office and Irvine police, Swan began fraudulently writing the prescriptions around April 2011, when he and his then-live-in girlfriend broke up and she moved out.On five occasions through Oct. 13, 2001 (sic), Swan allegedly wrote 22 Adderall prescriptions in the woman's name without her knowledge at Sav-On and Target pharmacies, authorities say.On Oct. 13, a Target store pharmacist confronted Swan after the prescription was denied by the woman's insurance. The pharmacist contacted the woman, who said she did not know about or consent to the prescription.When confronted, Swan allegedly presented his ex-girlfriend's driver's license to the pharmacist and fled, according to a news release issued by the Orange County District Attorney's Office.The Irvine Police Department investigated and learned of a second woman Swan began dating in September 2011 who later moved in with him.Between October and January 2012, authorities say Swan wrote nine prescriptions in that woman's name for drugs including Adderall, amphetamine salts and Vyvanse. The woman used some of the medications, but Swan allegedly prescribed extra for himself.In the case involving his ex-girlfriend, Swan was charged Jan. 18 with five felonies. Fifteen more felony charges involving the second woman --- his current girlfriend --- were added to the case Monday.Swan remains free on $25,000 bail.Register Writer Sean Greene and City News Service contributed to this story.