Randy Miland Back and Neck Pain Center Probationary License Approved Despite Outstanding Felony Obligations Vadnais Heights Minnesota

Randy Miland

Victims and patients of swindling chiropractor Randy Miland want to know why the Minnesota Board of Chiropractic Examiners (MBCE) is reinstating Miland’s license without requiring him to repay victims. Victims also want to know why the MBCE is refusing a request from the Attorney General to use their lawful right to set reinstatement terms and conditions on behalf of victims.

Miland pled guilty to 5 Counts of Theft by Swindle in Washington County District Court and was ordered by the State of Minnesota in 2001 to repay more than 20 patients and victims 1.3 million dollars. He also was sentenced to serve 55 months incarceration. Miland ultimately served 6 months incarceration in a physical fitness camp and terminated payments to victims when released from probation. Miland remains evasive with repayment requests from victims. According to Washington County records, the unpaid victim balance is more than 1.2 million dollars.

Upon Miland's release from probation in 2004, he embarked on a new investment fraud scheme involving more than $500,000. The Federal government convicted him of wire fraud in 2006 and Miland was again sentenced to incarceration in a work camp and ordered to repay victims.

The MBCE provided a two year probationary license reinstatement to Miland in 2011 and is in the process of fully reinstating Miland's chiropractic license. Victims of the 2001 Minnesota court order want to know why the MBCE has not issued reinstatement terms and conditions on behalf of victims. The MBCE reinstatement order includes several conditions for reinstatement but none of the conditions require Miland to repay these swindled victims.

Included in the MBCE conditions of reinstatement is an order for Miland to pay the MBCE a civil fine along with other reinstatement fees. The MBCE also ordered Miland to obtain a tax clearance certificate from the Commissioner of Revenue which means he is required to pay his delinquent tax liability of over $270,000 to the Minnesota Department of Revenue. Lacking from the MBCE conditions of reinstatement is any mention of terms and conditions to repay patients and victims from the 2001 Minnesota Court Order.

Since issuing the reinstatement conditions, the MBCE received payments from Miland for civil fines and reinstatement fees. Miland is also making payments to the Minnesota Department of Revenue for his $270,000 tax lien and paid the Federal government $117,000 of $500,00 two weeks before his probationary reinstatement for his Federal offense, but Miland is not repaying the $1.5 million dollars to victims of his 2001 Swindling offense.

The Minnesota Attorney General, Lori Swanson, asked the MBCE to investigate the matter and "review Miland's failure to make restitution payments to victims and the impact such failure should have on the terms and conditions of his license". But the final reply from the MBCE is that “while the Board conditioned Dr. Miland’s probationary license on his repayment to Government agencies, it did not make repayment to victims a condition of his license reinstatement.” The MBCE further commented that “requiring Miland to repay victims is completely impermissible”.

A recent letter to victims from the Attorney General clarified that “the board had the authority to place terms and conditions on any probationary license. MN Statute 148.10 Subd. 3(2) provides that the Board may place the person on probation for the period and upon the terms and conditions that the board may prescribe.”  The letter from the Attorney General also referred to the fact that the MBCE had several opportunities to represent victims but chose not to take further action. Ben Wogsland from the Attorney General’s office commented that the Board’s decision “doesn’t seem sensible”. Fred Fink from the Washington County Attorney office commented that “obviously he didn’t pay. As a result, he was able to avoid that responsibility and someone should hold him responsible”.

Miland terminated payments to victims when released from parole in 2004 and he has not provided an accounting of the funds swindled. Washington County Court personnel confirm there were unpaid victim Judgment balances of over 1.2 million dollars in this matter when Miland was released from parole status.  Miland had assured the MBCE that he would continue making victim payments, but he has not.

It appears the MBCE required Miland to repay hundreds of thousands of dollars to government agencies to regain his license and the MBCE has openly admitted they have not required Miland to repay victims of his 2001 court order. Victims feel this is discriminatory and a violation of patient/victim rights. They believe the MBCE is an independent agency acting evasively to protect-their-own and don’t understand how the MBCE can be allowed to reinstate a chiropractic license of a repeat felony offender without requiring him to repay his swindled victims. Victims feel the MBCE’s lack of proper action in this matter is a discredit to their profession and to honest professionals of their trade.

Attorney General Lori Swanson and Tessa from Governor Dayton’s office contacted victims to advise that their office(s) are powerless and “maintain no authority in this matter because the MBCE is an independent agency”. However, MBCE board members are assigned by the Governor.

Miland is currently practicing chiropractic in Vadnais Heights and is scheduled to be released from chiropractic probation status in November. After that time, he may apply for full chiropractic license status. The MBCE and Miland remain evasive with provision and satisfaction of victim rights.