Roger Pleasant, barred for life from working as a chiropractic marketer, was fined $10,000 Monday and jailed for five days for continuing to solicit patients despite being court-ordered to quit the business.
A Pulaski County jury in October determined that Pleasant had used fraudulent marketing techniques to solicit customers on behalf of some local chiropractors. The trial was the result of a lawsuit brought by the attorney general's office challenging the legality of Pleasant's operations.
The jury found that Pleasant or those working for him had violated the Arkansas Deceptive Trade Practices Act 13 times over a five-year span between June 2009 and June 2014.
Based on the jury findings, Circuit Judge Tim Fox fined the 57-year-old Maumelle man $23,000 and prohibited him from ever soliciting patients on behalf of any doctor or chiropractors, a job officially known as a procurer, which requires a state license.
Fox on Monday imposed the $10,000 fine and jail time after state lawyers presented evidence that Pleasant was still working as a procurer in October, three weeks after the judge had barred him from the field.
Pleasant, who testified at trial that he had been an FBI informant code-named Riding Horse, denied any wrongdoing at Monday's hearing. He said he'd turned over the business to his sons and completely extricated himself from the work.
Both Pleasant and his lawyer, Willard Proctor, told the judge that Pleasant was being set up by former rivals in the "dog-eat-dog" medical solicitation field.
Pleasant told the judge that former employee and state witness Leandry Abraham had contacted him about procurement work. Pleasant said he had directed Abraham to his son.
Fox said he found "problems of truthfulness" in the testimony of both Pleasant and Abraham. But the state's proof was "absolutely clear" that Pleasant had violated the order, the judge said.
"Apparently, it's going to take a little more firmness to get your attention," Fox told Pleasant, noting that he could have fined the defendant as much as $230,000 in October, based on the jury's verdict.
The evidence presented by Senior Assistant Attorney General Shawn Johnson included a sworn statement from a woman who reported that Pleasant, calling himself David and claiming to work for a local attorney, had tried to get her to switch chiropractors.
Johnson also played for the judge a recorded phone call between Pleasant and Abraham.
Authorities say Pleasant can be heard on the call saying that he'll pay $400 for each client Abraham can convince to switch from one chiropractor to another favored by Pleasant.
Metro on 01/31/2017