Federal Judge Revokes Casper Doctor’s Bond; Shakeel Kahn Will Remain in Custody
A federal judge ordered a Casper doctor back into custody, and imposed tighter restrictions on the release of his wife, after they contacted potential witnesses in their upcoming trial about a multi-state prescription drug conspiracy.
"There is clear and convincing evidence they violated the conditions of their bonds, U.S. District Court Judge Scott Skavdahl said at the end of a three-hour probation revocation hearing today for Dr. Shakeel Kahn and his wife, Lyn.
The Kahns were arrested at their house on Thorndike in south Casper on Nov. 30. They were initially charged with one count each of conspiracy to distribute oxycodone, and subsequently charged in a 21-count indictment last week.
On Dec. 3, Skavdahl held a hearing about whether they should be released pending their trial. Both the U.S. Attorney's Office and their temporary public defender agreed they should be free on bond, but with restrictions especially for Shakeel Kahn including having no contact with witnesses including current and former patients. Lyn Kahn had similar restrictions.
But they violated the “no contact” requirement starting the day after their release, according to the petitions for revoking their release signed by their federal probation officer.
Last week, Skavdahl ordered them to be held in custody until they had attorneys to represent them at the revocation hearing held today.
Assistant U.S. Attorney Stephanie Sprecher told the court the Kahns, Shakeel Kahn especially, committed the federal crime of witness tampering when he called one customer, they violated the terms of their release by contacting potential witnesses, and they perjured themselves on financial statements.
Sprecher questioned the Kahns' probation officer Joshua Oster, who said he went over the conditions of Kahns' release and they said they understood them
Under cross examination by Lyn Kahn's attorney Craig Silva, Oster said he didn't know who the witnesses, patients or customers may have been who should not be contacted.
Sprecher also questioned U.S. Drug Enforcement Administration agent Justin Vanderbilt who investigated the case and reported no-contact violations in an affidavit to Oster.
On Jan. 5, Vanderbilt interviewed Randy Moody in East Wenatchee, Wash. Moody told Vanderbilt that Shakeel Kahn had called him the day before and said he, Kahn, had done nothing wrong and asked if law enforcement had contacted him.
Vanderbilt asked Moody he felt about that conversation and Moody responded, "'I felt like he was putting it in my head what to say.'" Vanderbilt added Moody used the word "'brainwashed.'"
Sprecher also showed the court the financial statements the Kahns signed and where they checked boxes stating they had no income from December 2015 to December 2016.
She then presented a spreadsheet of the receipts seized during the execution of a search warrant at the Kahns' former office at 301 S. Fenway on Nov. 15. Those receipts showed the Kahns took in about $400,000 and the deposits they made in the name of their business Medicorp, and individual and joint bank accounts.
Skavdahl said he needed to further review the financial statements.
But he excoriated the Kahns for contacting potential witnesses, patients and customers because they were admonished three times by himself and law enforcement officials not to do so.
Roden appealed to Skavdahl to release Shakeel Kahn because he has been abiding by the conditions to seek employment and wearing an ankle monitor.
And Silva argued Lyn Kahn should be released because she didn't prescribe oxycodone, she's not a danger to the community and she's not a flight risk.
Skavdahl responded the Kahns' release happened after the single conspiracy count before the federal grand jury handed down the 21-count indictment.
Since their arrest, Shakeel Kahn wired money to an account in Canada, where he has relatives, the judge said. "There is a risk of flight in this matter (to) Canada and overseas."
Skavdahl ordered Shakeel Kahn be remanded into custody and have no contact with Lyn Kahn, her son or daughter, and her son's fiancee without legal counsel.
"Lyn Kahn is a closer call," he said. She doesn't have ties to Canada nor was her conduct as egregious as her husband's," he added.
But she is not to talk to her relatives about the case, and she must forfeit to the government her house as collateral for bail, Skavdahl said. "Consider it forfeited."