Miller’s attorneys argue evidence |

Miller’s attorneys argue evidence

Janelle O'Dea

Last August, Craig physician Joel Miller was indicted and arrested on several charges related to his activity as a doctor in Moffat County. The charges include health care fraud, money laundering and distributing/dispensing controlled substances.

Miller began practicing in Moffat County in 2003 and opened his own practice in 2008, according the U.S. Department of Justice news release.

Between May 2008 and September 2012, Miller allegedly attempted a scheme that would defraud Medicaid, Medicare and other commercial health care programs. This included prescribing medicine to patients who did not necessarily need it.

In addition, Miller is accused of prescribing medication and instructing patients to distribute the medication illicitly. Office employees allegedly distributed licit medicines illegally, as well.

Some of Miller’s prescriptions are said to have resulted in the deaths of two patients.

Miller’s legal team now works to suppress evidence they believe was found under an improperly executed search warrant.

According to one of Miller’s attorneys, Peter Bornstein, the U.S. Drug Enforcement Agency only had permission to search the back part of Miller’s practice building. Bornstein said they searched the front part as well as the basement.

“They also took records from both places, which they did not have permission to do,” Bornstein said.

Bornstein is co-counsel on the case with Marna Mel Lake.

Spokesman for the United States Department of Justice District of Colorado office Jeff Dorschner said their office respectfully disagrees.

“The testimony (by multiple witnesses) given during the hearing bears that (the search was valid) out,” Dorschner said.

On Nov. 7, both sides will return to Denver to continue evidentiary arguments. Each side will have 20 minutes to present their case to Judge Robert Blackburn.

“Clearly we’re going to argue that the search was valid,” Dorschner said.

Contact Janelle O’Dea at 970-875-1795 or or follow her on Twitter @jayohday